Red Mountain Complex OHV Route Restoration (Sierra National Forest Project RW16-001)

USDA Forest Service Sierra National Forest High Sierra Ranger District

Fresno County, Township 8 S., Range 26E, Sections 20-23, 25-28, 32-36; Township 9 S., Range 26E, Sections 1-5, 9-11; Township 9 S., Range 27E, Section 6, of the Mt Diablo Base Meridian.

USGS Quads: Huntington Lake and Dogtooth Peak

Prepared by /Contact Person: Leanne Knutson Phone number: (559) 855-5355 Ext3344 Assistant Aquatics Biologist Email: [email protected]

Reviewed by: Stephanie Barnes Phone number: (559) 855-5355 Ext3343 District Aquatics Biologist Email: [email protected]

I. INTRODUCTION

The purpose of this Biological Assessment is to present an analysis of effects for the Red Mountain Complex OHV Route Restoration Project (RW16-001) on federally listed endangered and threatened species and their habitat. The analysis is conducted to determine whether formal consultation or conference is required with the United States Department of Interior (USDI) Fish and Wildlife Service (USFWS), pursuant to the Act. The biological assessment is prepared in compliance with the requirements of Forest Service Manual 2670 and provides for compliance with Code of Federal Regulations (CFR) 50-402.12.

The Red mountain Complex OHV Route Restoration Project (RW16-001) is located on the Sierra National Forest; High Sierra Ranger District with elevation range from 8600 to about 9200 feet. Decommissioning and restoring damaged areas due to illegal off highway vehicle (OHV) use and overused dispersal camping on undesignated areas is proposed within parts of about 424 acres. Treatments involve a combination of manual, mechanical methods. The purpose and need is to protect resources and legal trail integrity.

There are 13 threatened (T), endangered (E), or proposed (P) aquatic species (listed next) that either do not occur, do not have habitat within or adjacent to, or are not affected directly, indirectly, or cumulatively by the Red Mountain Complex OHV Route Restoration Project. Therefore, these species will not be addressed further in this document nor is formal consultation required with the USDI Fish and Wildlife Service (USFWS) for these species. The Red Mountain Complex OHV Route Restoration (RW16-001) would have no effect on these 13 aquatic species or habitats:

Blunt-nosed leopard lizard (E), Gambelia (=Crotaphytus) sila California red-legged (T), Rana aurora draytonii California tiger salamander (T), Ambystoma californiense Central valley steelhead (T), Oncorhynchus mykiss Delta smelt (T), Hypomesus transpacificus (T), Thamnophis gigas Lahontan cutthroat trout (T), Oncorhynchus (=Salm(o) clarki henshawi Owens tui chubb (E), Gila bicolor snyderi Paiute cutthroat trout (T), Oncorhynchus (=Salmo) clarki seleniris yellow-legged frog (E), Rana sierrae Steelhead (T), Oncorhynchus (=salmo) mykiss Vernal Pool Fairy Shrimp (E), Branchinecta conservation Vernal Pool tadpole Shrimp (E), packardi

There are 6 candidate (C), Forest Service Sensitive (FFS), or Species of Concern (listed next) that either do not occur, do not have habitat within or adjacent to, or are not affected directly, indirectly, or cumulatively by Red Mountain Complex OHV Route Restoration Project. Therefore, these species will not be addressed further in this document nor is technical assistance required with the USDI Fish and Wildlife Service (USFWS) for these species. The Red Mountain Complex OHV Route Restoration (RW16-001) would have no effect on these 6 aquatic species or habitats:

Foothill yellow-legged frog (FSS), Rana boylii Hardhead minnow (FSS), Mylophardon conocephalus Limestone salamander (FSS), Hydromantes brunus

Kern Brook Lamprey (FFS), Lampetra hubbsi Kings River slender salamander (FSS), Batrachoseps regius Western pond turtle (FSS), Clemmys marmorata (Subspecies marmorata and pallida)

Further analysis is presented in this document to determine the effects of the Red Mountain Complex OHV Route Restoration (RW16-001) for the following threatened (T) aquatic species:

Yosemite toad (T), Anaxyrus (Bufo) canorus

Species lists are based on the November 15, 2016 (found in the project records at the High Sierra Ranger District) online database (Appendix B) of federally threatened, endangered, proposed, and candidate species for the Sierra National Forest from the USDI-USFWS (http://ecos.fws.gov/ipac/) (08ESMF00- 2017-SLI-0273). The USDA -Forest Service’s sensitive species list is based on the Pacific Southwest Region’s list of March 28, 2013, Final July 3rd, 2013 updated from the June 10, 1998, as amended on March 6, 2001 and May 7, 2003. These lists are the most current versions for the Sierra National Forests. Refer to the aquatic species checksheet located in Appendix A or in the project record for general information and the rationale for inclusion or exclusion in this document for all listed aquatic species

II. CRITICAL HABITAT

There are seven critical habitats on the Sierra National Forest: Keck’s checker-mallow, Orcutt grass, Succulent (=fleshy) owl’s –clover, Vernal pool fairy shrimp, Vernal pool tadpole shrimp, Sierra Nevada yellow-legged frog and . There is no effect on the Keck’s checker- mallow, San Joaquin valley Orcutt grass, Succulent (=fleshy) owl’s- clover, Vernal pool fairy shrimp, and Vernal pool tadpole shrimp critical habitats from the Project because the habitat did not occur within the aquatic analysis area, and therefore is not affected directly, indirectly, or cumulatively by the project.

The USFWS has designated critical habitats for the Sierra Nevada yellow-legged frog (SYLF) (1,082,147 acres) and Yosemite toad (YT) (750,926 acres) across the range of the species (USDI-FWS 2016 -81 FR 59406). Within the Red Mountain Complex Route OHV Restoration Project or analysis area there is no critical habitat for the SYLF therefore, there is no effect on the Sierra Nevada yellow-legged frog critical habitats.

There are approximately 9,485 acres of critical habitat for the YT within the aquatic analysis area, and 424 acres within the Project boundary area (Figure 1) within Unit 14 (Kaiser/Dusy, Fresno County, California). The USFWS published a final rule setting forth a new definition of destruction or adverse modification on February 11, 2016 (81 FR 7214), which became effective on March 14, 2016. Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species (81 FR 59085). Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features

Activities that may affect Yosemite toad critical habitat, when carried out, funded, or authorized by a Federal agency, include, but are not limited to (USDI-FWS 2016 pg. 59086):

(1) Actions that significantly alter water chemistry or temperature. Such activities could include, but are not limited to, release of chemicals, biological pollutants, or heated effluents into the surface water or into connected ground water at a point source or by dispersed release (non-point source). These activities could alter water conditions beyond the tolerances of the Yosemite toad and result in direct or cumulative adverse effects to these individuals and their life cycles.

(2) Actions that would significantly increase sediment deposition within the wet meadow systems and other aquatic features utilized by Yosemite toad or disturb upland foraging and dispersal habitat. Such activities could include, but are not limited to, excessive sedimentation from livestock overgrazing, road construction, inappropriate fuels management activities, channel alteration, inappropriate timber harvest activities, unauthorized off-road vehicle or recreational use, and other watershed and floodplain disturbances. These activities could eliminate or reduce the habitat necessary for the growth and reproduction of the Yosemite toad by increasing the sediment deposition to levels that would adversely affect a toad’s ability to complete its life cycle.

(3) Actions that would significantly alter wet meadow or pond morphology, geometry, or inundation period. Such activities could include, but are not limited to, livestock overgrazing, channelization, impoundment, road and bridge construction, mining, dredging, and inappropriate vegetation management. These activities may lead to changes in the hydrologic function of the wet meadow or pond and alter the timing, duration, water flows, and levels that would degrade or eliminate Yosemite toad habitat. These actions can also lead to increased sedimentation and degradation in water quality to levels that are beyond the tolerances of the Yosemite toad.

(4) Actions that disturb or eliminate upland foraging or overwintering habitat, as well as dispersal habitat, for the Yosemite toad. Such activities could include, but are not limited to, livestock overgrazing, road construction, recreational development, timber harvest activities, unauthorized off-road vehicle or recreational use, and other watershed and floodplain disturbances. These activities could eliminate or reduce essential cover components in terrestrial habitats of the Yosemite toad and adversely affect a toad’s ability to successfully overwinter or over summer and may fragment habitat (USDI-FWS 2016 pg. 59086).

Physical or biological features for the Yosemite toad have been determined to be (1) Space for Individual and Population Growth and for Normal Behavior, (2) Food, Water, Air, Light, Minerals, or Other Nutritional or Physiological Requirements, (3) Cover or Shelter, (4) Sites for Breeding, Reproduction or Rearing (or Development) of Offspring, (5) Habitats Protected From Disturbance or Representative of the Historical, Geographic, and Ecological Distributions of the Species (USDI-FWS 2016 p. 59064-59065)

Primary constituent elements of the physical or biological features essential to the conservation of the Yosemite toad for Fresno County consist of two components:

(i) Aquatic breeding habitat:

(A) This habitat consists of bodies of fresh water, including wet meadows, slow-moving streams, shallow ponds, spring systems, and shallow areas of lakes, that: (1) Are typically (or become) inundated during snowmelt, (2) Hold water for a minimum of 5 weeks, but more typically 7 to 8 weeks, and (3) Contain sufficient food for tadpole development.

(B) During periods of drought or less than average rainfall, these breeding sites may not hold water long enough for individual Yosemite toads to complete metamorphosis, but they are still considered essential breeding habitat because they provide habitat in most years.

(ii) Upland areas. (A) This habitat consists of areas adjacent to or surrounding breeding habitat up to a distance of 1.25 km (0.78 mi) in most cases (that is, depending on surrounding landscape and dispersal barriers), including seeps, springheads, and areas that provide: (1) Sufficient cover (including rodent burrows, logs, rocks, and other surface objects) to provide summer refugia, (2) Foraging habitat, (3) Adequate prey resources, (4) Physical structure for predator avoidance, (5) Overwintering refugia for juvenile and adult Yosemite toads, (6) Dispersal corridors between aquatic breeding habitats, (7) Dispersal corridors between breeding habitats and areas of suitable summer and winter refugia and foraging habitat, and/or (8) The natural hydrologic regime of aquatic habitats (the catchment).

(B) These upland areas should also allow maintain sufficient water quality to provide for the various life stages of the Yosemite toad and its prey base (USDI-FWS 2016 p. 59065, 59102-59103).

Potential affects from the Project to YT Critical Habitat are analyzed under the Critical Habitat Direct and Indirect Effects Section of this document.

Figure 1: Red Mountain Complex OHV Route overview with sub drainage aquatic analysis area, project area, with YT occupied habitat and critical habitat.

II. CONSULTATION HISTORY

Pursuant to 50 CFR 402.12, an updated list of federally-listed threatened, endangered, and proposed species “that may occur in or be affected by” the Project was generated (November 15, 2016) and updated via the USFWS website (http://ecos.fws.gov/ipac/) on November 16, 2016 online database (Consultation code: 08ESMF00-2016-SLI-2076, Appendix B). Consultation with USFWS may be required for the Project for the Yosemite toad.

A programmatic biological opinion (PBO) on nine forest programs on nine national forests in the Sierra Nevada of California for the endangered Sierra Nevada yellow-legged frog (SYLF), endangered northern distinct population segment of the mountain yellow-legged frog, and threatened Yosemite toad (YT) was issued December 19, 2014 (FFOSESMF00-2014-F-0557). Management activities covered under the PBO include: Vegetation Management, Maintenance of Roads and Trails, Maintenance of developed recreation sites and administrative infrastructure, Special Use Permits, Rangeland Management, Biological Resources Management, Mining, and Lands (Real Estate).

Previous consultation with the USFWS on SYLF and YT for Forest Service activities occurring in the Sierra Nevada that include the Sierra National Forest has taken place as part of 2 different batch consultations issued on February 17, 2015 (08ESMF00-2015-F-0129) and August 18, 2015 (08ESMF00-2015-F-1054). This batch consultations were appended to the programmatic biological opinion. This Project will be included as part of Batch 6 that will be appended to the programmatic biological opinion after project and consistency review from the USFWS. Actions associated with the Red Mountain Complex OHV Route Restoration Project are covered under management activity: Maintenance of Roads and Trails

III. CURRENT MANAGEMENT DIRECTION

Existing management direction for listed species can be found in:

• Forest Service Manual and Handbooks (FSM/H 2670) • Endangered Species Act (ESA) • National Environmental Policy Act (NEPA) • Sierra Nevada Forest Plan Amendment (2001 FEIS and ROD) • Sierra Nevada Forest Plan Amendment (2004 SEIS and ROD) • Sierra National Forest Land and Resources Management Plan, as amended (LRMP) • Species-specific Recovery Plans (including Biological Opinions), which establish population goals for recovery of threatened and endangered species • Species management plans • Species management guides or conservation strategies • Regional Forester policy and management direction

The Forest Service direction for Federally listed and proposed species is to manage National Forest Service habitats to achieve recovery objectives so that special protection measures provided under the Endangered Species Act (ESA) are no longer necessary (FSM 2670.13). Each Forest manages Threatened or Endangered Species per the applicable Recovery Plan, if one exists, in order to meet the Forest's share of Threatened and Endangered species recovery goals. Currently there are no recovery plans available for the SYLF or YT.

Sierra National Forest Land and Resource Management Plan (LRMP) Viability and diversity of aquatic and terrestrial threatened, endangered, proposed or candidate species have been evaluated in the Sierra Nevada Forest Plan Amendment (FEIS) (USDA-FS 2001, 2004). Forest wide Standard and Guidelines (S/G) that were not superseded by the 2001 or 2004 amendments applicable to the Red Mountain Complex OHV Route Restoration Project to maintain viability for aquatic species and habitats include: 69. Give primary management emphasis in riparian areas to protect and enhance the riparian ecosystem, riparian vegetation, water quality, soils, fish and wildlife resources. 70. Streamside Management Zone (SMZ) determination will be based on methods described in FSH 2509.22, Sierra Supplement 1 (USDA-FS 1989) which gives specific direction for width determinations. Streamside management zones (SMZs) are defined in the Sierra National Forest Land and Resource Management Plan (USDA-FS 1992) from Sierra Supplement 1 (USDA- Forest Service 1989). SMZs are established to protect and maintain water quality, site productivity, channel stability, wildlife habitat and riparian vegetation and are zones for specific management direction. The width of the SMZ for each side of the stream channel varies depending on stream class and the steepness of the area adjacent to the stream. SMZs are designed to protect watercourses and physical processes from upslope disturbances and are applied on perennial, intermittent and ephemeral streams channels. Riparian Management Areas (RMAs) are designed to protect the aquatic and riparian ecosystems and dependent biological resources associated with perennial streams, meadows and lakes. RMAs incorporate all areas within a horizontal distance of 100 feet from the edge of perennial streams, meadows and lakes, including aquatic ecosystems, floodplains, and riparian ecosystems. RMAs can be increased as necessary to protect habitat for threatened, endangered or sensitive species. Within the project area, riparian ecological areas are located adjacent to perennial aquatic systems and designated as Class I (highly significant). The Class II/III channels are intermittent and lack riparian vegetation. Class IV-V channels are ephemeral and also lack riparian vegetation. RMAs are incorporated into SMZs with the width of the SMZ varying by stream class and side slope gradient. Minimum widths established by Forest Service Handbook 2509.22 Sierra Supplement 1 provides for SMZs of: Table 1. RCA, SMZ, and RMA Widths. Corresponding RCA Stream Minimum RMA Feature Type GIS Layer Width Class SMZ Width1 Width Stream Order 100 Perennial Streams 300 feet I2 At least 100 ft 3+ feet II At least 75 ft 2 Seasonally Flowing Streams 150 feet III At least 50 ft N/A - IV At least 25 ft 1

1 All SMZ widths include an additional three feet for each percent slope above 30 percent. SMZs are applied to each side of streams, so if treatments are located on both sides of a perennial stream, there are 100 foot SMZs on both sides for a total mechanized exclusion area of 200 feet, plus any needed slope adjustments. 2 Class I streams are not always perennial. Intermittent streams with certain characteristics can also be Class I.

Corresponding RCA Stream Minimum RMA Feature Type GIS Layer Width Class SMZ Width1 Width Stream Order V None required3 - Top of Streams in Inner Gorge inner Varies gorge Special Aquatic Features (fens, bogs, springs, seeps, lakes, N/A N/A ponds, wetlands, meadows etc.) 100 Perennial Streams with feet Identified on Riparian Conditions extending 300 feet GIS layers or in more than 150 feet from edge the field of streambank I At least 100 ft Seasonally Flowing streams with riparian conditions N/A extending more than 50 feet from edge of streambank

71. In the absence of on-site riparian area protective width determinations, riparian areas will extend 100 feet horizontally from the edge of perennial streams, lakes and reservoirs. Deviations resulting from on-site evaluations will be documented in project environmental assessments. 72. When on-site project evaluations identify the need to afford protection to intermittent and/or ephemeral drainages, the protection zone widths will be defined in accordance with the Forest Streamside Management Zone determination process as described in the FSH 2509.22, Sierra Supplement 1. 74. Manage vegetation in designated riparian areas so existing Forest-wide diversity is maintained in all periods. 75. Maintain or enhance productivity of Forest meadows to accommodate wildlife and range resources.

79. When existing routes through riparian areas and meadows are not compatible with riparian dependent resources, consider re-routing.

113. Provide vegetation diversity to maintain viable wildlife populations, scenic qualities and to minimize losses from wildfire.

120. Preclude the impacts of cumulative watershed effects by applying appropriate BMP and mitigation measures during project implementation. Utilize regional CWE methodology when refined for application within the Forest to assess each project for potential to incur cumulative effects.

3 None is required but and SMZ width of 25 feet is frequently identified based site specific protection needs.

124. BMP will be implemented to meet water quality objectives and maintain and improve the quality of surface water in the Forest.

127. Apply appropriate erosion prevention measures on all ground-disturbing activities (FSH 2409.23) prior to fall storms (October 1) and immediately upon completion of activity begun after November 1.

The Sierra Nevada Forest Plan Amendment (SNFPA) Forest wide management standards and guidelines (S&G) in the Record of Decision (ROD) (pages 62 – 66; USDA-FS 2004) for the 2004 Sierra Nevada Forest Plan Amendment applicable to Red Mountain Complex OHV Route Restoration Project aquatic species and habitat include: 91. Designate riparian conservation area (RCA) widths as described in Part B of the ROD appendix (pg. 42 of ROD). The RCA widths displayed in Part B may be adjusted at the project level if a landscape analysis has been completed and a site-specific RCO analysis demonstrates a need for different widths (ROD, Table 1). RCA width and protection measures determined through project level analysis will be assigned to other hydrological or topographic depressions within the project not identified above. (See Table 1) above). 92. Evaluate new proposed management activities within CARs and RCAs during environmental analysis to determine consistency with the riparian conservation objectives at the project level and the AMS goals for the landscape. Ensure that appropriate mitigation measures are enacted to (1) minimize the risk of activity-related sediment entering aquatic systems and (2) minimize impacts to habitat for aquatic- or riparian-dependent plant and species. 94. As part of project-level analysis, conduct peer reviews for projects that propose ground- disturbing activities in more than 25 percent of the RCA or more than 15 percent of a CAR. Standards and Guidelines Associated with RCO #1 96. Ensure that management activities do not adversely affect water temperatures necessary for local aquatic- and riparian-dependent species assemblages. 99. Prohibit storage of fuels and other toxic materials within RCAs and CARs except at designated administrative sites and sites covered by a Special Use Authorization. Prohibit refueling within RCAs and CARs unless there are no other alternatives. Ensure that spill plans are reviewed and up-to-date. Standards and Guidelines Associated with RCO #2 100. Maintain and restore the hydrologic connectivity of streams, meadows, wetlands, and other special aquatic features by identifying roads and trails that intercept, divert, or disrupt natural surface and subsurface water flow paths. Implement corrective actions where necessary to restore connectivity. Standards and Guidelines Associated with RCO #4 113. Allow hazard tree removal within RCAs or CARs. Allow mechanical ground disturbing fuels treatments, salvage harvest, or commercial fuelwood cutting within RCAs or CARs when the activity is consistent with RCOs. Utilize low ground pressure equipment, helicopters, over the snow logging, or other non-ground disturbing actions to operate off of existing roads when needed to achieve RCOs. Ensure that existing roads, landings, and skid trails meet Best

Management Practices. Minimize the construction of new skid trails or roads for access into RCAs for fuel treatments, salvage harvest, commercial fuelwood cutting, or hazard tree removal. Standard and Guideline Associated with RCO #6 122. Recommend restoration practices in: (1) areas with compaction in excess of soil quality standards, (2) areas with lowered water tables, or (3) areas that are either actively down cutting or that have historic gullies. Identify other management practices, for example, road building, recreational use, grazing, and timber harvests that may be contributing to the observed degradation. Project and species specific Design Criteria to support these standard and guidelines to conserve species and habitat are detailed in Section IV of this BA.

IV. DESCRIPTION OF PROPOSED PROJECT

Project Action: The project proposes to decommission and restore damaged areas along the designated Red Mountain Complex OHV route that have be created due to illegal off highway vehicle (OHV) use and overused dispersal camping in undesignated areas. OHV routes within the Red Mountain Complex are Mirror Lake OHV, Strawberry Lake OHV, West Lake OHV, Red Mountain OHV, and Coyote Lake OHV. The Red Mountain Complex OHV route is a difficult route for many off highway road vehicles. Many illegal routes have been created because of the difficulty level of the authorized route. Illegal reroutes go through Yosemite toad occupied terrestrial dispersal habitat and designated critical habitat.

Where: The Red Mountain Complex OHV Route ( Figure 2) is located on the Sierra National Forest (SNF), High Sierra Ranger District (Township 8 S., Range 26E, Sections 20-23, 25-28, 32-36; Township 9 S., Range 26E, Sections 1-5, 9-11; Township 9 S., Range 27E, Section 6).

Figure 2: Red Mountain Complex OHV Route with sub drainage aquatic analysis area and project area.

When/Who: The Project will be implemented with SNF Forest Service employees and volunteers in late August to early September 2017 before first rains and when Yosemite toad dispersal is minimal. Work will be conducted between 8:00 AM and 6:00 PM each day.

How: Soil control efforts will consist of building/maintaining rolling dip drains and water bars to minimize trail erosion. Grading and mulching will be implemented on areas to be decommissioned to reduce soil compaction and increase new vegetation growth. Forest Service OHV Jeeps and wenches will be used to move larger boulders and logs to block access and control traffic to the designated trail system. Hand and power tools (shovels, Pulaski, and chainsaws) will be used for cutting dead trees and moving rock to block illegally made routes and trails. All materials used to decommission the illegal routes will be sourced locally such as falling dead trees, filling with native vegetative debris, and moving local rock to block access. Materials may be harvested up to 200 feet on either side of the authorized OHV trail. The purpose and need is to protect natural resources and maintain trail integrity.

Conservation Measures: In addition to ensuring that project actions meet the LRMP (USDA-FS 2001, 2004) and ROD (USDA 2004) Standard and Guidelines outlined in Section III of this document, Project Design Criteria for activities within occupied and suitable habitat were developed to support the S/Gs and minimze impacts to aquatic species and habitats during project work.

The following project design criteria will be implemented during project activities:

1. Any project activities on the Red Mountain Complex OHV route must have a District aquatic biologist present to instruct and inform what constitutes as critical habitat features and to flag any areas of concern to avoid. 2. Prior to mid-August (project activities), the District aquatic biologist will flag the Red Mountain Complex OHV route for known YT burrows and other sensitive areas to avoid during all/any project activities. 3. All operations shall end by October 1 to allow for overwintering migrations and protection of overwintering YT. On an annual basis, the end timing of Oct. 1 may be adjusted by the District aquaitc biologist up to November 1st dependent on weather conditions (Programmatic BO Project Specific 1b). 4. Prior to work each day, crew should look around site for Yosemite toad presence. If toads are located in burrows around the project area, flag and avoid working or walking in that location. If the area needs to be accessed, inform the District aquatics biologist for further instruction. 5. Throughout the day, check work area periodically for toads and potential habitat (rodent burrows), especially around places where the dragging of snags, moving rock, etc. to block reroute access is needed. 6. Materials used for ground cover post decommissioning reroute should be collected in an approved location along the route. 7. Any Yosemite toads are found moving between habitats while working in the project area must be left to move on their own. Only the onsite aquatic biologist can move individuals (Programmatic BO Project Specific resonable and prudent measure 2c). 8. During the placement of materials used to block reroute access and unauthorized campgrounds around the project site: a. Prior to removal, lift material up and look for salamander or . b. If Yosemite toads are located under material to remove: i. Put down and leave material in place. Do not use.

ii. Notify the onsite aquatic biologist to flag and avoid the area. 9. Lunch/break areas should be located away from rodent burrows or areas that are associated with YT critical habitat. 10. If forest service employees or volunteers are going to be camping during project implementation, they must camp and store equipment in designated camping sites away from YT occupied meadows/terrestrial habitat. Do not camp at the beginning of the route where YT designated critical habitat is. 11. Refueling of any machinery will take place on a spill pad to prevent spills. 12. Prior to entering project area, ensure all vehicles do not leak any fluids. (Oil, gas, hydraulic fluid). Repair any equipment that is found to be leaking immediately. 13. When restoration efforts are near the two perennial streams on Coyote OHV route or near meadows within the Red Mountain Complex, a Hydrologist will be present to ensure proper implementation of BMP’s. 14. Vehicles will not turnaround or utilize areas that are identified as a physical biological feature for YT critical habitat as designated by the District aquatics biologist. 15. Depending on winter annual snowpack and approval from the District aquatics biologist, work may be allowed earlier than mid-August, but not before mid-July.

Additional aquatic species protection measures may be required if newly listed or unknown populations or suitable habitat for aquatic species are found, or if project activites change due to unseen circumstances.

V. Action Area The aquatic analysis area (Figure 1) for Red Mountain Complex OHV Route Restoration Project is located in Fresno County, California on SNF lands. The sub drainages within the Aquatics Analysis are 516.0017, 516.0014, 516.1003, and 516.1004. Using the Hydrologic Unit Code, analysis area is located in the Upper Big Creek watershed (12th field Hydrologic Unit Code (HUC) 180400060901) and the Pitman Creek 12th field HUC (180400060903) (Figure 3). The project area is approximately 8800 feet in elevation and consists of424 acres including a 200 foot buffer on both sides of the authorized Red Mountain Complex OHV Route for material harvest. There are 2 perennial ford crossings on the Red Mountain/ Coyote OHV trail.

The aquatic analysis area incorporates all stream channels, water and its associated riparian corridors which represent the majority of habitat for fish and herpetofauna.

Streams Seasonal (stream order 1 and 2) and perennial (stream order ≥3) miles are associated with the project by subdrainage. (Note: assumption that stream order 3 channels can be intermittent or perennial and are considered perennial for this analysis). Table 2 delineates the miles of stream in each subdrainage by stream order for total stream miles. The perennial streams are potentially habitat for amphibians, reptiles (herpetofauna), and fish. The primary creek drainages within the aquatic analysis area are Tamarack, Coyote, and an unnamed tributary to Big Creek. Seasonal channels can serve as migration

corridors and also influence perennial stream habitat during flow events. The Project area crosses 2 unnamed perennial streams that are tributaries to Tamarack creek.

Meadows Aquatic species discussed in this analysis have potential and occupied habitats associated within meadows. According to the most current corporate GIS meadow layer, there are 82 meadows for a total of approximately 154 acres within the 4 subdrainages of the aquatic analysis area for the Red Mountain Complex OHV Route Restoration Project, with approximately 9 acres within Project boundary area (Table 2). There are 11 meadows within the Project area and 2 of those meadows are YT occupied meadows.

Table 2. Watershed and associated drainage information on streams (including seasonal and perennial miles) and meadows with the aquatics analysis area for the Red Mountain Complex OHV Route Restoration Project. HUC16 HUC16 Project HUC12 HUC16 HUC16 Stream Meadow Meadow Name and Number Number Acres4 Miles Acres Acres Pitman Creek 516.1003 1440 2.7 30 3.15 180400060903 516.1004 3073 7.5 50 4.8 Upper Big Creek 516.0014 1851 6.2 34 0.78 180400060901 516.0017 3160 8.5 40 0.05 Total 9524 24.9 154 8.78

4 Acres are approximate

Figure 3: Red Mountain Complex Sub drainage aquatic analysis are with HUC numbers and meadows.

Information contained in this report represents a compilation of stream condition and species observation in stream and meadow habitats. Segments of aquatic analysis area streams have been surveyed for stream channel characteristics and stability between 1989 and 2015. Channels and riparian

areas were evaluated using various methodologies, including Rosgen channel typing, Pfankuch channel stability ratings, and Stream Condition Inventory. Aquatic conditions were evaluated considering a combination of channel stability, stream shading, and water temperature. There have been three channel analysis surveys done within the aquatic analysis area. Two were on Tamerack Creek and found to be a stable dry channel. The third waterbody was a lake and meadow survey finding fish present in Strawberry Lake. Surveys for herpetofauna (amphibians and aquatic/riparian reptiles) were completed at various times in both stream and meadow habitats. Within the aquatic analysis area, species found in previous years are Yosemite toad, Pacific , and the Common Garter snake.

VI. SPECIES ACCOUNTS AND STATUS IN THE ACTION AREA

Species presented in Section I of this report that require further analysis are described in detail next. Refer to appendix A of this report for the rationale for the inclusion and exclusion of all listed aquatic species. The Yosemite toad is within the range of the project and aquatic analysis area. Table 3 summarizes the acres of habitat.

Table 3: Yosemite toad habitats associated with analysis and project area for potential and occupied habitat approximate acres in the Red Mountain Complex OHV Route Restoration Project. Analysis Area Project Area Type of Buffer Species Potential Occupied Potential Occupied Habitat Distance Total Total Habitat Habitat (Acres) Habitat Habitat (Acres) (Acres) (Acres) (Acres) (Acres) Meadows Yosemite toad >6000' - 112 38 116 7 2 9 Elevation Terrestrial 1250 Yosemite toad Habitat 3376 6148 9524 0 424 424 meters Buffer Designated Yosemite toad Critical - 9524 424 Habitat

Yosemite toad Anaxyrus (=Bufo) canorus

Description: The Yosemite toad (Anaxyrus (=Bufo) canorus) (YT) can be distinguished from the similar looking western toad (Bufo boreas) by its smaller size, wide paratoid glands, the small space between paratoids, lack of vertebral stripe and high degree of sexual dichromatism (Martin 1992). Camp (1917)

gave the species the name canorus which in Latin means "tuneful". Males are olive green with varying black spotting, females are grey or brown with dark markings (Jennings and Hayes 1994). The iris is dark brown with gold iridophores (Jennings and Hayes 1994). Yosemite toad tadpoles are uniformly black, the snout is blunt, the coiled intestines are scarcely or not at all visible, and the dorsal fin is transparent and marked with few relatively large branched melanophores (Stebbins 1985).

Distribution: The Yosemite Toad is endemic to the Sierra Nevada and its range extends from north of Ebbetts Pass (Alpine County) south to approximately the Kings River (Fresno County). This includes the southern portion of the Eldorado National Forest south through the Stanislaus National Forest, Toiyabe National Forest (Region 4), Inyo National Forest, Yosemite National Park, and Sierra National Forest to the northern portion of Sequoia and Kings Canyon National Park (Brown et al. 2009). Populations have been observed as far south as Spanish Mountain on the Sierra National Forest during Forest-wide inventories conducted by the USFS between 2002 and 2004. The elevation range is approximately 6,400 to more than 11,000 feet (Jennings and Hayes 1994). On the Sierra National Forest, the Yosemite toad occurs throughout its elevation range and to date, the Forest has detected the species in 358 meadows.

Life History: Breeding for the Yosemite toad can take place between May to July in shallow pools and small, slow moving, shallow streams usually in meadows (Kagarise Sherman 1980; Martin 1992). Males emerge from hibernation for breeding as soon as snow melts from meadows (Martin ibid) arriving at breeding pools several days before females (Kagarise Sherman 1980; Kagarise Sherman and Morton 1984). Movement to and from breeding sites could be extensive (1250 meters and greater), including travel over extensive snowfields from over-winter hibernation sites in forested areas (CDFG 2005, CDFG 2008, USDI-FWS 2013a).

Males call diurnally and can be heard from more than 100 yards (Martin 1992), although Brown reports observing nocturnal calling (per. comm. 2010). Brown (per. comm. 2010) also reports instances of nocturnal breeding. Males appear to outnumber females at breeding sites with up to ten times as many males as females (Karlstrom 1962; USDI-FWS 2002; Morton and Pereyra 2010).

Eggs are laid in single or double strands, typically in pools or streams not more than three inches deep with a loose silt substrate (Martin ibid; USDI-FWS 2002). A single female lays an estimated 1,500 to 2,000 eggs (Martin ibid). Individual males only stay at breeding ponds for a week or two while females leave shortly after breeding (Kagarise Sherman and Morton 1984; USDI-FWS 2002). Eggs hatch in about 10-12 days, and tadpoles metamorphose seven to nine weeks after the eggs are laid (Kagarise Sherman and Morton ibid; USDI-FWS 2002). Karlstrom (1962) estimates critical thermal maximum of 36-38 º C for larvae and 31º C as the upper limiting temperature for egg development. Desiccation of pools before metamorphosis is a major cause of mortality in tadpoles (CDFG 2005). Mortality of eggs and tadpoles from freezing or desiccation may be high in some years leading to low or no recruitment (Kagarise Sherman 1980, Sadinski 2004, Brown et al. 2012).

Individual Yosemite toads show fidelity to breeding meadows and adult habitat (Kagarise Sherman and Morton 1984, Liang 2010, Brown et al. 2012). In Tioga Pass Meadows, most of the males and females returned to the same breeding sites (Kagarise Sherman and Morton 1984). During four years of a mark- recapture study, only three of 37 males moved to different meadows to breed, though males did move among breeding areas within meadows (Brown et al. 2012). Brown et al. (2012) also notes that toads do appear to select specific breeding areas though some are not used every year, a pattern similar to that observed at the site (e.g., meadow) scale as discussed above. In her radio tracking study, Liang (2010)

found that some toads were found in the same upland areas and sometimes the same exact site multiple years, suggesting that toads also show fidelity in their use of terrestrial sites.

Females first breed at 4-6 years of age and males at 3-5 years of age (USDI-FWS 2002). Both sexes are primarily active during the day (Martin 1992; Kagarise Sherman and Morton 1984), although both Martin (2008) and Liang (per. comm. 2010) observed that adults may move nocturnally between breeding and upland foraging sites. Both Liang and Brown note fidelity in the use of breeding sites by adults monitored within the Bull Creek watershed over several years (per. comm. 2010). Most females only breed once a four year period with few females breeding annually (Kagarise 1980, Morton 1981, Morton and Pereyra 2010, Brown et al. 2012). Males are twice as likely to enter breeding sites annually, but sometimes skip one or more years between breeding attempts (Morton and Pereyra 2010, Brown et al. 2012).

After breeding is completed, both sexes were thought to remain in meadow areas to feed on various insects and small arachnids (Mullally 1953) for two to three months before hibernating (Kagarise Sherman and Morton 1984). Recent studies indicate adults may move several hundred meters from meadows to upland foraging sites (Martin 2008; Liang et al. 2010, Morton and Pereyra 2010) where they spend most of their time outside of the breeding and meadow habitat. Seasonal variation in home range size is considerable. Mullally (1953) estimated home ranges of some toads to be about 20 ft, but suggested that individuals may travel long distances away from water (CDFG 2005). Martin (2008) estimated home range at approximately 8,460 m² (2.1 ac), while Liang (2010) estimated mean home range of 27,430 m² (6.8 ac), and noted female home range was more than 1-1/2 times larger than males. Yosemite toads seek cover during non-breeding seasons (approximately August to March) in abandoned rodent burrows (Jennings and Hayes 1994) or by moving into adjacent forested areas (CDFG 2005) or rocky hillsides hundreds of meters from breeding pools (Morton and Pereyra 2010). In the late fall the toads are only active on warm days. Yosemite toads enter hibernation in late September or early October, and emerge in the spring. The toads utilize rodent burrows, crevices under rocks, or the base of willows for hibernation (Martin 1992; 2008).

Yosemite toads are likely to be more nocturnal than has previously been reported. They actively breed during the day, but a recent study found them to be equally active at night (Brown et al. unpublished data). Further, both Martin (2008) and Liang (2010) observed adults movements diurnally and nocturnally, and noted that longer distance movements seemed to occur at night.

It is estimated that some females may live at least 15 years and males at least 12 years (Kagarise Sherman and Morton 1984, Brown per. comm. 2008). It may be that periodic years of high recruitment and high survival rates of adults are important for long-term persistence of populations (Biek et al. 2002, Brown et al. 2012).

Status: The Yosemite toad was listed as a threatened species on April 29, 2014, under the Endangered Species Act of 1973, as amended (USDI-FWS 2014).

U.S. Forest Service monitoring at the bioregional scale indicates the species to be fairly widespread relative to recent (watersheds with toad localities after 1990) distribution, but there are indicators of decline (Brown et al. 2012). In watersheds where habitats were observed as occupied during surveys after 1990, 81% still had signs of breeding (tadpoles, egg-masses, or metamorphs), whereas in watersheds historically occupied prior to 1990, only 12% had evidence of breeding - indicating the population decline took place prior to 1990. Brown further noted that even through the species appears

fairly widespread, abundances of adult males and egg masses were low at monitoring meadows in two monitored watersheds compared to historical population abundances reported from literature. Current estimates indicate disappearance of 47 to 69 percent from historical locations (USDI-FWS 2002). Remaining populations seem more scattered than they were historically and frequently appear to consist of small numbers of breeding adults.

Predators and Threats: Threats potentially affecting the species and its habitats include disease, livestock grazing, climate change, and changes to fire management regimes (USDI-FWS 2002, USDI-FWS 2014). USFWS (2013a) considered recreation effects, road and timber harvest effects, and dams and diversions to be low magnitude threats to the overall populations.

Disease: Yosemite toad populations experienced sharp declines in the eastern Sierra Nevada from 1971 to 1991 (Kagarise Sherman and Morton 1993). The declines were attributed to drought, predation and disease. Kagarise Sherman and Morton (ibid) report that disease (suspected redleg, a bacterial disease) caused extensive deaths of adults in 1977 and 1978. The disease most pertinent to Yosemite toads is the fungal pathogen, Batrochochytrium dendrobatidis (Bd), which has been implicated in declines worldwide (Skerrat et al. 2007). Bd has contributed to mountain yellow-legged frog declines in the Sierra Nevada (Rachowicz et al. 2006, Briggs et al. 2010), but the toad’s other sympatric species, the Sierran treefrog (Pseudacris sierra), appears to be a reservoir species, meaning they show no signs of disease and can possibly infect other amphibians (Reeder et al. 2012). Until recently, little has been known about the effects of Bd on Yosemite toads. Green and Kagarise Sherman (2001) found that Bd played at least a partial role in the death of 2 toads, but its role in the taxa’s decline is not known. Bull (2006, 2009) reports chytrid-associated death in both subadults and adult western toads (B. boreas). Pilliod et al. (2010) also note declines of 5-7% within the similar Boreal toad populations over a six-year study. In a current study, Dodge et al. (in prep) found that Bd can kill toads when infection levels are high enough, and that both prevalence and infection intensity is highest on subadults. Prevalence was moderate in juveniles (23%) and low in adults (<10%) and infection intensities were low for all life stages.

Yosemite toads serve as prey for , insects, snakes, and birds. Mullally (1953) observed that Yosemite toad tadpoles are preyed upon by mountain yellow-legged frogs. Kagarise Sherman and Morton (1984, 1993) reported robins (Turdus migratorius) and diving beetles (Dytiscus sp.) eating tadpoles, and adult Yosemite toads being killed by Clark's Nutcrackers (Nucifraga columbiana), common ravens (Corvus corax), and California gulls (Larus californicus). Some have suggested introduction of non- native trout as contributing to the decline of Yosemite toad, but Grasso (2005) indicated that brook trout found all early life stages of Yosemite toads to be unpalatable and were unlikely rely on these stages as a primary food source. In the study, Yosemite toad tadpoles that were sampled by trout did not appear to suffer any ill effects. The introduction of non-native fish is commonly associated with amphibian declines but is not likely an important factor for Yosemite toad persistence (Grasso 2010).

Survey flat meadows facing a southwesterly direction and covered with more than 75% snow through late spring were most likely to be used by toads for breeding. The Programmatic Biological Opinion for the nine National Forests identifies suitable breeding and rearing habitat includes wet portions of meadows, slow-moving streams, shallow ponds, spring systems, and lakes with shallow areas that are inundated at snowmelt and hold water for a minimum of 5 weeks in most years. Some sites containing suitable habitat may not retain water long enough for completion of metamorphosis in drought or below average precipitation years. Suitable habitat that is not used for breeding or development of early life history stages includes all portions of meadows or other occupied breeding habitats and

surrounding areas up to a distance of 0.78 miles (1250 meters) depending on surrounding landscapes and dispersal barriers. In some cases, additional areas may be important for dispersal.

YT also require terrestrial habitat. Metamorphs appear to overwinter their first year in the terrestrial meadow habitat adjacent to their rearing site and move to more distant terrestrial habitat during mid- summer of their second year (Kagarise Sherman and Morton 1993; USDI-FWS 2002). In meadows, metamorphs and yearlings appear to be associated with willows and long sedges and grasses. Moist upland areas such as seeps and springheads are important summer non-breeding areas for adults (67 FR 75834). In a study of YT within the Bull Creek analysis area, Liang indicated some adult YT are utilizing Sierra mixed-conifer forest for cover and foraging after leaving the breeding sites. Liang indicated adult toads preferred burrows as a component of terrestrial habitat, although they did also utilize logs, rocks, and stumps (with associated burrows). Within Sierra mixed conifer forest, she noted burrows tended to located within “clearings” (less trees and overhead canopy) with a high percent coverage of herbaceous plants. She also noted fidelity in the use of upland microsites for toads monitored over consecutive years (Liang et al. 2010). During the 2012-2014 radio tracking study, many toads were tracked away from breeding meadows to burrows associated with old stumps located at the perimeter of forested areas with these same “clearings” with herbaceous plant coverage (S. Barnes, per observation).

The dispersal patterns of YT are not totally understood, but similar high elevation toads in Colorado can disperse up to 0.6 miles (900 m) (CDFG 2005) to reach breeding or over-winter habitats. Liang’s 2007- 2009 study of toad movements in the Bull Creek drainage on the Sierra National Forest, High Sierra Ranger District reports individual movements beyond 1200 meters, with average maximum movements of 275 m. The study tracked movements of 35 adult toads post-breeding (Liang 2010). Female dispersal (420 m) was more than double movement of male toads (166 m) and primary movements occurred within 60 days of breeding. Longer movements occurred during the night and were not associated with drainages. Average movements recorded by Liang (ibid) were consistent with those reported by Martin (2008) of 279 m.

Suitable habitat: For the aquatic analysis of the Red Mountain Complex OHV Route Restoration Project area, suitable habitat was considered all meadows above 6000 feet elevation with 1250 meters buffered (USDI-FWS 2014) around it as terrestrial/upland habitat. There are approximately 192 acres of meadow habitat above 6000 feet elevation within the aquatic analysis area and 38 of those acres are occupied habitat. Nine acres of meadow habitat are within the project boundary (Table 3). Terrestrial habitat was calculated by buffering meadows by 1250 meters which incorporated approximately 6,148 total acres of occupied terrestrial habitat within the aquatic analysis area and 3,376 acres accounting for areas not currently known to be occupied (Table 3). In the Project boundary, there are 424 total acres of occupied terrestrial habitat (Table 3).

Occupied Habitat: There are 7 occupied meadows within the aquatic analysis area: 516M97, 516M94, 516M98, 516M104, 516M105, 516M107, and 516M110 ( Figure 2). There is one occupied meadow (516M229) outside of the aquatic analysis area where terrestrial habitat overlaps into the analysis area. Due to migration barriers from very steep terrain between this meadow and the project area, it is unlikely that toads from that population can disperse into the project area from there, so it will not be included as occupied terrestrial habitat. (Figure 8).

Meadows 516M107 and 516M110 Meadow 516M110 terrestrial dispersal habitat (1250 meters from the meadow) does not reach any of the project area OHV routes. However, suitable terrain and meadow corridors could allow for toads to

migrate farther towards the project area. In reviewing aerial photography of the vegetation around the meadows and between, it is most likely that adult dispersal may occur between these two meadows, but not to the south of meadow 516M107. Forested vegetation around meadows between the project area and the occupied meadows appears to be extremely dense with minimal opening for easy dispersal as noted in the Bull Creek telemetry study. Therefore it is not expected that adults would disperse very far south of 516M107 towards the project area. (Figure 4 and Figure 5).

Figure 4: Topo/terrain for YT occupied meadows 516M107 and 516M110 near Coyote Lake OHV.

Figure 5 : Meadows 516M107 and 516M110 near Coyote Lake OHV route with world imagery showing YT terrestrial dispersal habitat.

Meadow 516M107 is 9.89 acres and is located T8S R26E Section 26, approximately 0.7 miles east of the Coyote Lake OHV route (8S42). This meadow is currently occupied with YT and supports a breeding population. The breeding habitat within the meadow is 0.67 miles away from the project area. The edge of the 1250 meter terrestrial dispersal habitat for YT touches some parts of Coyote Lake OHV route, but corridor meadows, other occupied meadows and desirable habitat could promote farther dispersal from this population (Figure 4 and Figure 5).

Species surveys conducted in the meadow include an Aquatic Species Survey, Yosemite Toad Species Survey in 2003. Species identified in the meadow during surveys include:

• Yosemite toad (YT) tadpoles and morphs (2003)

• Common Garter Snake (THSP) adult (2003)

Meadow 516M110 is 3.81 acres and is located T8S R26E Section 26, approximately 0.99 miles northeast of the Coyote Lake OHV route (8S42). This meadow is currently occupied with YT and supports a breeding population. The breeding habitat within the meadow is 0.95 miles away from the project area. Terrestrial dispersal habitat does not cross Coyote Lake OHV route, but corridor meadows, other occupied meadows and desirable habitat could promote farther dispersal from this population (Figure 4 and Figure 5).

Species surveys conducted in the meadow include an Aquatic Species Survey, Yosemite Toad Species Survey in 2003. Species identified in the meadow during surveys include:

• Yosemite toad (YT) tadpoles (2003) • Pacific Chorus Frog (HYRE) sub adult (2003)

Meadow 516M98 516M98 is a YT occupied meadow. Dispersal habitat appears to be limited to more directly around the meadow because of steep mountainous terrain. Red mountain (elevation 9800 feet) is located south east of the meadow (Figure 6 and Figure 7). This feature creates an increase in elevation that would discourage YT from using habitat over the mountain. Located to the northwest, there is a steep elevation gain leading to a ridgeline. Strawberry OHV route is located there. The increase in evaluation here also would prevent YT use as dispersal habitat. To the northeast, there is suitable terrestrial dispersal habitat toward Strawberry Lake. There are unoccupied meadows that could serve as travel corridors within the dispersal area however dense forested vegetation my limit or prevent dispersal to these meadows

Figure 6: Meadow 516M98 in relation to Coyote Lake OHV and Strawberry Lake OHV with topo/terrain in Red Mountain Complex.

Figure 7: Aerial imagery of meadow 516M98 within proximity to Strawberry Lake OHV and Coyote Lake OHV and YT terrestrial dispersal habitat.

Meadow 516M98 is 0.76 acres and is located T8S R26E Section 27, approximately 0.42 miles southwest of the Strawberry OHV route (8S42X). This meadow is currently occupied with YT and supports a breeding population. The breeding habitat within the meadow is 0.39 miles away from the project area. Terrestrial dispersal habitat does cross over the Strawberry OHV route and the Coyote Lake OHV route, but some steep terrain may constrain the actual distribution of toads (Figure 6 and Figure 7).

Species surveys conducted in the meadow include an Aquatic Species Survey, Yosemite Toad Species Survey in 2003. Species identified in the meadow during surveys include:

• Yosemite toad (YT) tadpoles (2003) • Pacific Chorus Frog (HYRE) sub adult (2003)

Meadows 516M94, 516M97, 516M104,and 516M105 516M94, 516M97, 516M104, and 516M105 are close enough to the route and dispersal terrain is suitable and appears to be high quality for Yosemite toads (Figure 8). There are abundant rodent burrows and cover components available throughout that area (Figure 9). Dispersal across the trail is likely to access terrestrial habitat.

Figure 8: Red Mountain OHV complex with meadows 516M94, 516M97, 516M104, 516M105, and 516M229 showing topo and terrain.

Figure 9 : YT Occupied meadows within proximity to Red Mountain Complex showing terrestrial dispersal habitat

Meadow 516M94 (West Lake Meadow) is 7.51 acres and is located T8S R26E Section 28, approximately 0.01 miles southwest of the West Lake OHV route (8S42XA) off of Strawberry OHV route (8S42X). This meadow is currently occupied with YT and supports a breeding population. The breeding habitat within the meadow is within the 200 foot buffer for the project area. (Figure 8 and Figure 9).

Species surveys conducted in the meadow include an Aquatic Species Survey, Yosemite Toad Species Survey in 2003. Species identified in the meadow during surveys include:

• Yosemite toad (YT) morphs (2003) • Pacific Chorus Frog (HYRE) tadpoles (2003)

• Common Garter Snake (THSP) adult (2003)

Meadow 516M97 is 2.02 acres and is located T8S R26E Section 28, approximately 0.03 miles east of the Red Mountain OHV route (8S42). This meadow is currently occupied with YT and supports a breeding population. The breeding habitat within the meadow is within the 200 foot buffer for the project area. (Figure 8 and Figure 9).

Species surveys conducted in the meadow include an Aquatic Species Survey, Yosemite Toad Species Survey in 2003. Species identified in the meadow during surveys include:

• Yosemite toad (YT) tadpoles and sub adults (2003) • Pacific chorus frog (HYRE) Sub adult (2003).

Meadow 516M104 is 5.2 acres and is located in T.8S, R.26 E, Section 28, approximately 0.28 miles northeast of The Red Mountain OHV route (8S42). This meadow is currently occupied with Yosemite toads (YT) and supports a breeding population. Breeding sites within the meadow are 0.25 miles of the project area. Adults utilize the riparian area and burrows (ex: rodent holes) within and around the project area. This area also serves as a travel corridor for the YT (Figure 8 and Figure 9)

Species surveys conducted in the meadow include an Aquatic Species Survey and Yosemite Toad Species Survey in 1997. Species identified in the meadow during surveys include:

• Yosemite toad (YT) adults, Sub adults, and tadpoles (1997).

Meadow 516M105 is 8.19 acres and is located T.8S R.26E Section 28, approximately 0.12 miles south of the Red Mountain OHV route (8S42). This meadow is also currently occupied with YT and supports a breeding population. The breeding habitat within the meadow is 0.08 miles away from the project area, but the adult dispersal habitat is within the project area and is suitable habitat (Figure 8 and Figure 9)

Species surveys conducted in the meadow include an Aquatic Species Survey, Yosemite Toad Species Survey in 2001 and 2003. Species identified in the meadow during surveys include:

• Yosemite toad (YT) Sub adult (2001 and 2003). • Pacific chorus frog (HYRE) Sub adult (2003).

VII. EFFECTS OF THE PROPOSED PROJECT

This section analyzes the effects of the Red Mountain Complex OHV Route Restoration Project (RW16- 001) on the Yosemite toad and its habitat. Effects of the action refers to the direct, indirect, and cumulative effects of an action on the species or critical habitat, together with the effects of other activities that are interrelated or interdependent with that action, that will be added to the environmental baseline. The environmental baseline includes the past and present impacts of all

Federal, State, or private actions and other human activities in the action area, the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or early Section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process.

Direct effects are caused by the proposed activity and are immediate in nature (e.g. killing or injuring during project activities, loss of habitat, harassment, disrupted reproduction, noise disturbance). Indirect effects are caused by the proposed activity but are later in time or farther removed in distance, but are reasonably certain to occur (e.g. crushing rodent burrows, sediment into stream channels, fragmentation of habitat, loss of shelter cover or forage, and decrease in canopy cover). Interrelated actions are those that are part of a larger action and depend on the larger action for their justification (i.e. this action would not occur “but for” a larger action. Interdependent actions are those that have no significant independent utility apart from the action that is under considerations (i.e. other actions would not occur ‘but for” this action). The environmental baseline includes the past and present impacts of all Federal, State, or private actions and other human activities in the action area, the anticipated impacts of all proposed Federal projects in the action area that have already undergone formal or early section 7 consultation, and the impact of State or private actions which are contemporaneous with the consultation in process. A cumulative effect is the effect on the environment that results from the incremental effect of the action when added to the effects of other past, present, and reasonably foreseeable future actions, regardless of what agency or person undertakes the other actions and regardless of land ownership on which the other actions occur. Reasonably foreseeable future actions include those that are in any stage of project planning and those for which decisions have been made and are awaiting implementation. Cumulative effects are usually stated in terms of spatial (e.g. grazing, mining, OHV, and the proposed activity overlap in the same area of habitat) and temporal effects (e.g. changes in habitat over time from the past to the present to the future with and without the proposed activity).

Effects of the Proposed Action on the Yosemite Toad The direct effects to the Yosemite toad (YT) that may be a result of this project include crushing or killing adults and juveniles outside of or in burrows, sheltering habitats, or as toads disperse back and forth between upland and aquatic habitat for feeding. Direct effects can occur from vehicles while driving to or around the site, when vehicles are dragging trees and rock to block unauthorized routes, and can be a result of people walking around the area to gather materials. Long term effects of the proposed project would increase potential terrestrial dispersal habitat for Yosemite toads because reroutes will be blocked with minimal disturbance habitat (DC 1).

Other direct effects from this project may include disturbing individuals (e.g. noise disturbance from chainsaws and vehicles). Project activities are scheduled to begin in mid-August and end October 1st, (Design criteria (DC) 2 and 3) when breeding and post-breeding dispersal has been completed. Toad primary dispersal should be completed by project implementation and toad movements should be limited to and from the meadow or in upland habitat during each day. The District aquatic biologist will be present during project implementation to identify high quality terrestrial habitat and cover components are avoided to minimize potential for disturbance of individuals in these habitats (DC 1).

The indirect effects to the Yosemite toad as a result of this project include altering upland habitat where adults and juveniles occupy outside of the meadow environment. This can occur by compacting soils during project activities (ex: trampling around OHV trail to gather materials) or collapsing burrows used

as shelters and over-wintering hibernation shelters around the project area. Minimizing risk of crushing rodent burrows and compaction of soil, DC 1, 2, 4 and 5 will be followed. Contamination of soils from machinery oils and gases may occur during project implementation. All vehicles will be checked for any leaks prior to entering the project area and any refueling for equipment will occur outside of the project area (DC 10 and 11). Reroute decommissioning could create temporary (one season) run-off that may reach meadow habitat and potentially affect breeding habitat. If excess sediment reaches the meadow sediment could be deposited into breeding pools which decreasing water depth and potentially can fill in pools making breeding habitat unusable. To prevent this, after the initial work, water bars and other erosion reducing road structures will be installed to reduce sedimentation for future seasons as described in the project description in Section IV (see district hydrologist report).

A wide range of activities have occurred and continue to occur across the landscape, which in combination represent the potential to cumulatively effect individuals or habitat for aquatic/riparian species. Past, present and reasonably foreseeable actions within the project area include transportation management (Forest Service roads); recreation and facilities (OHV, camping, and hunting); vegetation management (Timber sales, fuels reduction); and range (grazing). The Forest Service applies measures to reduce effects from an action which include incorporation of Forest standards and guidelines (USDA- FS 1991); Best Management Practices (BMPs) (USDA-FS 2000); site specific design features; and the development of project design features. Each project is also evaluated for consistency with Riparian Conversation Objectives (USDA-FS 2001; 2004). The Red Mountain Complex OHV Route Restoration project is not expected to result in a cumulative watershed effect assuming project design criteria in this report are followed and the hydrologist BMPs are successfully implemented. From a cumulative effects perspective, the effects of the proposed action is anticipated to result in a slightly improved watershed condition relative to the existing condition by removing unmaintained unauthorized OHV reroutes. Positive watershed effects of these actions include reduced impervious surfaces, reduced erosion, a reduction in soil compaction, and improved infiltration. This determination is based upon an evaluation of the proposed activities, which include road maintenance and obliteration, which will only allow for users to travel on the authorized route. Fire Within the sub drainage aquatic analysis area, there have been 35 known historical fires. The largest fire was 0.4 acres. 75% of the fires were under 0.1 acres in size. Within the project area, there have been 7 recorded fires between 1973 and 2008. The 1973 fire was caused by a smoking and was 0.1 acres. Two fires (1993 and 2001) were both human caused due to an out of control campfire. They were both 0.1 acres on the Mirror Lake OHV Route. There were 3 lighting caused fires all less than 0.1 acres between 1974 through 2008. Lastly, there was a fire that was miscellaneously caused in 2008 resulting in a less than 0.1 acre fire on the Coyote Lake OHV Route. These fires and any subsequent fires can harm Yosemite toads by burning cover components or accidental crushing by crews and fire trucks putting out the fire. Also, the use of flame retardant (if necessary) can adversely affect the toad if directly hit or toads disperse over land after retardant has been dropped. Overall, these fire have not contributed to cumulative effects to the populations that occur in the project area because of lack of size and length of time between fires within the project area. Fire is not proposed in the project area.

Transportation A system of Federal, State and county highways has been developed to provide access to the SNF. There are approximately 2,400 miles of roads and motorized trails in the SNF Transportation System (NFTS). Additionally there are approximately 110 miles of private roads, 250 miles of State and county roads, 180 miles of National Forest Special Use Roads and various other roads for a total of approximately

3,000 road miles on the Forest. Within the aquatic analysis area there are approximately 1.66 miles of Level 1 (Basic Custodial Care (closed)) and 11.84 miles of Level 2 (High Clearance Vehicles). There are no level 3 or 4 roads in the project or analysis area. Additionally, there are 7.52 miles of trail class 3 (developed for OHV use) and 11.01 miles of trail class 2 roads (moderately developed) for OHV vehicles and hikers. Of these 32.03 miles of Forest system roads and trails, all of them intercept or cross through suitable YT habitat. Of that, 29.02 miles go through known occupied YT habitat. There are 32.03 miles within YT designated critical habitat.

Roads can affect habitat for aquatic/riparian species, result in direct mortality, serve as linear barriers to movement; modify animal behavior; alter the physical and chemical environments; serve as a conduit for non-native species; or fragment species habitat (Trombulak and Frissell 2000. Slow moving species (such as reptiles and amphibians) are more susceptible to road mortality because their life histories often involve migration between wetland and upland habitats (Trombulak and Frissell 2000). Collisions with vehicles have been documented in numerous different aquatic and riparian dependent species and they may even be particularly vulnerable to it (Trombulak and Frissell ibid). Literature suggests that highest road-kill rates are near wetlands and that amphibians represent the largest percent of species. The Sierra National Forest completed a Travel Management Plan (USDA –FS 2010) that eliminated cross- country travel, designated routes, and established a season of use for all roads. This helps reduce potential for current direct or indirect effects to dispersing amphibians. The restoration actions of the Red Mountain OHV route will also help to minimize these cumulative impacts to local populations by reducing the number of trails used and controlling traffic to the existing trail and controlling impacts to terrestrial habitat to the road bed.

Special Uses There is one special use activity within the aquatics analysis area and the project area which is a 4 day Poker Run OHV event on the Red Mountain Complex. OHV enthusiasts come together normally in June (the 2016 year was an exception when it happened in August) and recreate on the Red Mountain Complex OHV routes. This is an organized event reviewed each year by the District aquatic biologist and design criteria are implemented to minimize impacts to habitat and individuals. If improvements and restoration to these routes are implemented from this project, it would help keep recreaters on authorized routes helping to minimize damage to habitat and reduce the potential for cumulative effects from this action.

Recreation and Facilities Recreation activities in the project area include hunting and dispersed camping. These activities have the potential to affect aquatic/riparian habitat through changes in hydrologic regime; site compaction at campsites; sediment contribution; loss of vegetation from compaction or cutting for firewood; reductions in species density; or direct mortality (et al. 1977). Amphibians and reptile species adjacent to campgrounds may be subject to handling; collection; consumption; or translocation (Maxwell and Hokit 1999). Handling may harm animals or in some instances handlers. Increased mortality rates may result from pets accompanying recreationists, along with increases in predators seeking refuse associated with recreational sites. Recreationists may unwittingly transport viruses, pathogens, non- native species or other pests through their movements, resulting in impacts to native biota.

By West Lake, Coyote Lake, Strawberry Lake and Coyote Lake there are maintained outhouses for public use as well as popular camping areas. OHV enthusiasts, campers, and pack animal owners may use these facilities. Areas around these lakes are known to be occupied terrestrial/upland habitat for the YT.

Impacts that may occur at these locations include trampling of individuals on the trail including to and from toilets, smashing of critical plant refugia, and general use within the area. Although having toilets and camping sites may have impacts, negative impacts would be greater if the maintained outhouse was not available. If it was not available for use, recreationists would have to utilize a greater area around the lake for their personal hygienic needs which would not only potentially crush more individuals, but could impact the water quality within the lake itself. It is not expected that project activities will contribute to cumulative effects from ongoing recreation activities. Implementing the project description and closing off illegal OHV routes including campsites will help consolidate recreationists back to designated routes and minimize recreation impacts to critical habitat in the future.

Vegetation Management Timber and vegetation management projects have occurred within the aquatic analysis area, with some projects overlapping the same areas. Between 2005- 2006, there were 99 acres treated with sanitation cut. 172 acres were treated with seed tree seed cuts from 1988-1989. In 1988 there was one commercial thin that was 27 acres. Within the aquatic analysis area, vegetation management projects have occurred across a portion of YT critical habitat in the past. Treatments within the Project area include one sanitation cut in 2006 that was 34 acres and one seed tree seed cut in 1988 that was 31 acres. Project activities that are proposed include cutting of hazard trees or dead trees needed for blocking unauthorized routes or areas.

Stream flow may increase as basal area (and evapotranspiration) declines and peak flows can be indirectly affected by vegetation removal (Chamberlin et al.1991; Kattleman 1996). Troendle (2001) indicated increased water yields following timber harvest, although treatments were primarily clearcuts rather than thinnings which most current and planned projects implement. In snow-dominated areas, nearly all of the change in flows would occur during spring runoff and spring runoff may occur slightly sooner if reductions in canopy allow faster melting of the snowpack. Such changes could affect habitat for aquatic riparian species.

Although historical activities overlap potential and occupied habitats for the YT and have contributed to direct, indirect and cumulative effects, individual timber/vegetation removal projects have prescribed Streamside Management Zones (SMZs) and Riparian Management Zones (RMAs) no mechanical equipment buffer areas from project activities which provide some protection to aquatic systems and riparian habitat along streams, lakes and meadows. Trees that will be cut to be used as blockades will be dead and are not expected to impact canopy cover, soil moisture or impact streams temperatures. Under the Sierra Nevada Forest Plan Amendment (USDA-FS 2001; 2004) a Riparian Objective Consistency Analysis is prepared to evaluate whether project design features provide adequate protection of aquatic/riparian habitats and species viability. Other applicable measures for species and habitat projection include implementation of BMPs (USDA-FS 2011) as part of the project design. Application of SMZs, RMAs and implementation of BMPs developed for the project reduces the risk of soil compaction, or project associated erosion being transported to stream channels.

Grazing Within the aquatic analysis area, there are two grazing allotments. 99% of the project area is within the Blasingame allotment. Less than 1% of the aquatic analysis area is in the Dinkey allotment and because it is such a small percentage and at the bottom of the analysis area, it will not be considered further in this document as a potential for effects. Within the project area, 100 % is within the Blasingame allotment. This allotment was allowed 235 cow/calf pairs and the on date was June 16th. The off date was September 20th.

Grazing allotments are authorized and active in the project area. Martin (2009) associated declines in Yosemite toad populations primarily to livestock grazing. Beginning in the 1860’s, high elevation meadows were heavily impacted by unrestricted, large numbers of sheep. Cattle were introduced in the early 1900’s and large numbers were allowed unrestricted access to the high elevation meadows that provide suitable habitat for the toad. Cattle grazing can alter channel function, which reduces natural processes, habitat diversity and habitat complexity for aquatic or riparian animals (Elmore and Beschta 1987; Clary and Webster 1989; EPA 1991; Meehan et al. 1991; Belsky et al. 1999). Grazing can affect water quantity by changing the pattern and timing of runoff, as well as increasing sediment loads through removal of riparian vegetative cover and by trampling of streambanks. Hydrologic alteration can result in changes to channel morphology, resulting in channel down cutting, over-widening and lowering of the water table. Animal wastes can directly impair water quality through bacterial contamination and increasing nutrient levels (EPA 1991). Additionally, movement of cattle within riparian zones can lead to reductions in stream shading, compaction of stream banks and trampling of stream banks (Meehan et al. 1991; Armour et al. 1994). All of these factors can result in negative effects to habitat for aquatic/riparian species.

Cattle distribution around the allotment is minimal in the project area and would have the highest potential to impact upland terrestrial habitat. Forest Service standards and guidelines, along with BMPs (USDA-Forest Service 2002) and utilization standards have been developed to improve rangeland condition, reduce effects and protect aquatic systems. Administration of cattle allotment permits (implementation of actions to protect sensitive habitat and species, etc) can aid in the restoration of riparian area and other habitat. Overall, cattle use in the project area is minimal and the additional potential for effects from the proposed project is not expected to significantly increase.

Climate Change Climate change has been suggested as a contributing agent in the decline of amphibians (Pounds and Crump 1994; Stewart 1995; Pounds et al. 1999). Global climate changes caused by the accumulation of greenhouse gases and reduction of the ozone layer are now being linked to species declines. This raises serious questions about the future of amphibians in areas of high vulnerably, particularly species with specialized habitat requirements (Semlitsch 2000). The Species Survival Commission (2008) notes that over 50% of the amphibians may be potentially susceptible to climate change. Reaser and Blaustein (in Lannoo 2005) summarize that site specific review of amphibian declines indicate possible global changes, and that regional warming, increasing ultraviolet radiation, and diseases are a potential result of global change. California anticipates warmer temperatures, accompanied by altered patterns of precipitation and runoff related to climate change (DWR 2007). Annual runoff in the San Joaquin River basin has declined by 19% over the past 100 years, and projected precipitation alterations could reduce the snowpack by 25% by the year 2050.

Climate change is projected to alter temperature and precipitation regimes (Field et al. [IPCC] 2007 and citations within) and it is expected that patterns may change within the aquatic analysis area over time. The Red Mountain Complex Restoration Project is within an elevation zone characterized as having warm/hot summers (varies by elevation) and cool/cold winters. Winter snow pack drives the hydrologic cycle in the Sierra Nevada where most annual precipitation above 5500 feet elevation falls as snow between December and April (Howat and Tulaczyk 2005). Change is expected to be reflected through an increase in daily maximum, minimums, and mean air temperatures, along with altered rainfall

patterns. As climatic temperatures increase, more precipitation is projected to fall as rain versus snow resulting in more rain on snow events, earlier snowmelt, and smaller spring snowpacks. Some changes have already occurred. In the western mountains of North America, a higher proportion of annual precipitation fell as rain versus snow at 74% of weather stations studied from 1949-2004, and April 1 snow water equivalent (SWE) declined 15% to 30% since 1950 (Field et al. [IPCC] 2007 and citations within). Higher summer temperatures may also increase evapotranspiration rates (Field et al. [IPCC] 2007 and citations within). Lind (2008) notes that amphibian and reptile populations respond to changes and variability in air or water temperature, precipitation, and the hydro-period of their environments. Over the short-term (annually), these factors can influence reproductive success rates and survival to metamorphosis. Over the long term, the frequency and duration of extreme temperature and precipitation events can influence the persistence of populations and structure of meta-populations on the landscape. The net effect of less water and higher temperatures would be a reduction in the quantity and quality of aquatic/riparian habitat. Herpetofauna would likely be concentrated at sites where water is available, increasing their susceptibility to predators at these sites. The changing conditions of habitat would provide conditions more favorable for invasion by species currently occurring at lower elevation sites, and possibly an increase in non-native species.

The YT has a short active season and relies on very shallow ephemeral water for reproduction (Kagarise Sherman and Morton 1984). Yosemite toad breeding sites are dependent on the amount of water contained in the spring snowpack. As snow melts in the spring, breeding areas flood and pools fill with water, and then dry during the course of the summer. As discussed above, desiccation of breeding sites can lead to low or no recruitment and occurs naturally (Kagarise Sherman 1980). Reductions in snowpack may result in less available surface water and fewer pools for toad breeding and faster desiccation of breeding sites (Field et al. [IPCC] 2007, McMenamin et al. 2008). Low snowpacks also may contribute to increased conifer encroachment of meadows (USDI-FWS 2014 and citations within).

Based on the project description, design criteria listed in this document and the hydrologist report, and the expected reduced use of the area by roads and recreation, the Red Mountain Complex OHV Restoration project activities are not anticipated to significantly increase cumulative effects for the Yosemite toad populations in the project area. This project may contribute to direct and indirect effects to the YT in the short term, however, over the long term, it is expected this project will have a beneficial effect to meadow, upland habitat, and species viability by reducing or eliminating potential deposition to the meadow from erosion and habitat degradation within dispersal areas caused by unauthorized reroutes.

Critical Habitat Direct and Indirect Effects The Project boundary falls within approximately 424 acres of Yosemite toad proposed critical habitat of Unit 14 (Kaiser/Dusy, Fresno County, California) (USDI-FWS 2016). There is one of the two primary constituents of the physical or biological features essential to the conservation of the Yosemite toad in Fresno County that may be directly or indirectly affected by proposed treatments: (ii) Upland areas. Aquatic breeding habitat (i) will have unmeasurable impacts by the project because there will be no changes (no falling trees) to canopy. Appropriate BMP’s will be in place to minimize sedimentation in perennial streams or meadows and no work will be done within or around meadows. There are no meadows below any of the stream crossings, so meadow morphology will be preserved. Therefore, (1) Actions will not significantly alter water chemistry or temperature, (2)

Actions will not significantly increase sediment deposition within the wet meadow systems and other aquatic features utilized by Yosemite toad, and (3) Actions will not significantly alter wet meadow or pond morphology, geometry, or inundation period.

(ii) Upland Habitat (A) Upland habitats consist of areas adjacent to or surrounding breeding habitat up to a distance of 1.25 km (1250 meters) in most cases (that is, depending on surrounding landscape and dispersal barriers). Upland habitats are present within the Project area and potentially include areas that provide cover (including rodent burrows, logs, rocks, and other surface objects), summer refugia, foraging habitat, adequate prey resources, physical structure for predator avoidance, overwintering refugia for juvenile and adult Yosemite toads, dispersal corridors between aquatic breeding habitats, dispersal corridors between breeding habitats and areas of suitable summer and winter refugia and foraging habitat (USDI- FWS 2016).

Actions that disturb or eliminate upland foraging or overwintering habitat, as well as dispersal habitat for the Yosemite toad. Restoration activities that could disturb or eliminate upland foraging and dispersal habitat (including overwintering habitat) include crushing of rodent burrows with equipment, walking on and disturbing habitats, soil compaction or disturbance due to log skidding or end-lining methods, displacement or removal of cover objects, or general road work.

Surface objects, rodent burrows and other cover or overwintering areas were identified as physical or biological features needed by the Yosemite toad to provide cover and shelter (USDI-FWS 2016). Yosemite toads seek cover during non-breeding seasons in abandoned rodent burrows (Jennings and Hayes 1994, Liang 2010) or by moving into adjacent forested areas (CDFG 2005) or rocky hillsides hundreds of meters from breeding pools (Morton and Pereyra 2010). Unlike Martin (2008) who found toads in upslope habitats in one alpine watershed associated with seeps and springs with lush vegetation and with areas with large granitic boulders which would receive protective SMZ buffers of no mechanical equipment, Liang (2010) found adult microsites in a more forested watershed to be associated with forest clearings with fewer trees and shrubs, and less canopy cover. Liang indicated that YT were found throughout mixed-conifer forest, utilizing burrows most commonly, as well as burrows associated with rocks, logs and tree stumps; similar habitat to the Project area. Terrestrial environments contained fewer woody species and generally had higher percent cover of herbaceous plants such as Lupinus and Lotus species. Some individuals showed site fidelity to terrestrial microsites (Kagarise Sherman and Morton 1984, Liang 2010, Brown et al. 2012).

Soil disturbance from activities such as felling a tree is minor, but movement (i.e. skidding or end-lining) of logs or whole trees to block access along the trail may disturb the soil surface, displace logs, or collapse burrow entrances. Even when soil standards (50% cover) are met, BMPs and soil disturbance mitigations are implemented, the destruction of some potential microsites in upland habitats is unavoidable. However, only selected and approved trees will be cut and used. These trees will be located in areas that do not cross through high quality upland habitats. To minimize impacts to this microsites in critical habitat, the project area will be surveyed and sites that contain cover components will be flagged and avoided wherever possible (DC 1, 2, and 3). Ground disturbing treatments will not occur over 100% of the project area reducing the probability significantly modifying terrestrial habitats (like crushing burrows).

Areas with biological features will be identified and not be used as turn-around locations, vehicle storage, or storage sites (DC 14). During project activities, crews will be educated to avoid working or walking in or crossing open dry areas where numerous rodent burrows and lupine are observed (DC 3). Management of upland habitat focuses on protecting areas with potential for higher use by individuals and promotes connectivity to breeding habitats can help to justify less strict protection measures in unoccupied or low quality habitats to meet project objectives (Olson et al. 2007).

Although some project actions could disturb or eliminate some of the upland foraging and dispersal habitat (including overwintering habitat) in proposed critical habitat for the YT, by following project design, design criteria, sufficient cover components, including structures for predator avoidance will be maintained, foraging and dispersal corridors will not be significantly disturbed or altered and prey resources in upland habitats are not anticipated to be impacted by the Project. Upland habitats will not be significantly altered.

(B) Upland Area Water Quality Upland areas around aquatic breeding habitat where YT juveniles and adults disperse to should maintain sufficient water quality to provide for the various life stages of the Yosemite toad and its prey base (USDI-FWS 2016) during and after project activities. Roads produce more sediment than other forest management practices (Robichaud et al. 2010) and are a major disturbance in managed watersheds.

Project design measures and BMPs outlined in the hydrologist report and this report are intended to protect water quality from excessive sediment entering the watershed. Within the Project area, there are two perennial water crossings and two unoccupied meadow crossings. Primary constituents involving upland habitat water quality are not anticipated to be significantly degraded or altered by Project activities when project design, design measures and BMPs are correctly followed.

Summary of Critical Habitat Effects Overall, primary constituents involving upland habitat discussed above are not anticipated to be significantly altered by project activities for the Red Mountain Complex OHV Route Restoration Project when BMPs, appropriate SMZs, project design and project design criteria are followed and monitored.

VIII. CONCLUSION AND DETERMINATION

Determination: The determinations follow the guidelines and definitions established by the Pacific Southwest Region of the Forest Service (USDA-FS 2010a) for TEPCS species and are described in brief next:

• Determinations of No Effect or Will not Affect are usually appropriate only if the project is not located in (or does not affect) suitable or critical habitat and if disturbance or other direct or indirect impacts to the species are not an issue. Projects within suitable or critical habitat must demonstrate that there are no direct or indirect impacts to the species or its habitat to support a No Effect determination. No Effect determinations are unusual if suitable habitat for a species is in any way entered or otherwise affected. • Determinations of Not Likely to Adversely Affect are usually appropriate when project occurs in (or affects) suitable or critical habitat or results in disturbance to the species, but take criteria

(e.g., quantity or quality of habitat, disturbance, etc.), recovery plan objectives, or regional aquatic conservation strategies are clearly met. • Determinations of Likely to Adversely Affect are usually appropriate when project occurs in (or affects) suitable or critical habitat, or results in disturbance to the species; and take criteria (e.g., quantity or quality of habitat, disturbance, etc.), recovery plan objectives, or regional aquatic conservation strategies are not met. • Determinations of Not Likely to Result in the Destruction or Adverse Modification of Designated Critical Habitat are usually appropriate when project occurs in (or affects) suitable critical habitat; but Action will not appreciably diminish the value (considerably reduce the capability of the habitat to satisfy requirements essential to both survival and recovery of the listed species) of the designated critical habitat. • Determinations of Likely to Result in the Destruction or Adverse Modification of Designated Critical Habitat are usually appropriate when project occurs in (or affects) proposed critical habitat and Action will appreciably diminish the value of the designated critical habitat.

Based on the project description, design criteria listed in this document and the analysis considered, the following determinations were made for the Yosemite toad (threatened) and Yosemite toad critical habitat:

The Red Mountain Complex OHV Route Restoration Project (RW16 -001) may affect and is likely to adversely affect the Yosemite toad. This determination is based known occupied upland/terrestrial and breeding habitat in the project area. Affects to individuals and habitat are expected to be minimized by incorporating the aquatic species Project Design Criteria specified in this report and the Sierra National Forest LRMP forest-wide standards and guidelines.

The Red Mountain Complex OHV Route Restoration Project (RW16 -001) is not likely to result in the destruction or adverse modification of designated critical habitat. This determination is based minimizing potential affects to upland critical habitat elements within the project area by incorporating the aquatic species Project Design Criteria specified in this report and the Sierra National Forest LRMP forest-wide standard and guidelines.

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Robichaud, P. R., L. H. MacDonald and R. B. Foltz. 2010. Fuel management and erosion. Chapter 5 in: Elliot, W.J., I.S. Miller, and L. Audin, eds., Cumulative watershed effects of fuel management in the western United States. RMRS-GTR-231, Fort Collins, CO. 299p.

Sadinski, Walt. 2004. Final report to the Yosemite fund. United States Geological Survey. 52 pp.

Semlitsch, R. D. 1998. Biological delineation of terrestrial buffer zones for pond-breeding salamanders. Conservation Biology. 12: 1113-1119. In Elliot, William J.; Miller, Ina Sue; Audin, Lisa. Eds. 2010. Cumulative watershed effects of fuel management in the western United States. Gen. Tech. Rep. RMRS-GTR-231. Fort Collins, CO: U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station. 299 p.

Skerratt L. F., L. Berger, R. Speare, S. Cashins, K. R. McDonald, A. D. Phillott, H. B. Hines, and N. Kenyon. 2007. Spread of chytridiomycosis has caused the rapid global decline and extinction of frogs. Ecohealth. 4: 125-134.

Stebbins, R.C. 1985. Western reptiles and amphibians. Peterson Field Guides. Houghton Mifflin Company, Boston, MA. 336 p.

Stewart, M. M. 1995. Climate Driven Population Fluctuations in Rain Forest Frogs. Journal ofHerpetology, Vol. 29, No. 3 (Sep., 1995), pp. 437-446

Troendle, C.A., M.S. Wilcox, G.S. Bevenger, and L.S. Porth. 2001. The Coon Creek water yield augmentation project: implementation to timber harvesting technology to increase streamflow. Forest Ecology and Management 143 (2001) pp. 179-187

Trombulak, S.C., and C.A. Frissell. 2000. Review of ecological effects of roads on terrestrial and aquatic communities. Conservation biology, Vol. 14, No. 1, pp. 18-30.

USDA-FS. 1991. Riparian Forest Buffers. Function and Design for Protection and Enhancement of Water Resources. NA-PR-07-91., Radnor, PA. U.S. Department of Agriculture, Forest Service, Northeastern Area State & Private Forestry. 31 pp.

USDA-FS. 2001. Sierra Nevada Forest Plan Amendment. Final Environmental Impact Statement, Record of Decision, USDA Forest Service, Pacific Southwest Region, Jan 2001

USDA-FS. 2004. Sierra Nevada Forest Plan Amendment. Final Supplemental Environmental Impact Statement, Record of Decision, USDA Forest Service, Pacific Southwest Region, R5-MB-046. Vallejo, CA. Jan 2004. 72 p.

USDA-FS. 2010. Final Environmental Impact Statement. Sierra National Forest Motorized Travel Management. R5-MB-211b March 2010.

USDA-FS. 2010a. Biological Evaluation/Assessment (BE/BA) Process Guidance. February 2010.

USDA-FS. 2011. Forest Service Handbook 2509.22, Soil and Water Conservation Practices Handbook, Chapter 10. R5 Supplement 2509.22-2011-1. 237 p.

USDI-FWS. 2002a. Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition to List the Yosemite Toad. Federal Register: December 10, 2002 (Volume 67, Number. Pp. 75834- 75843.

USDI-FWS. 2013a. Endangered and Threatened Wildlife and Plants; Endangered Status for the Sierra Nevada Yellow-Legged Frog and the Northern Distinct Population Segment of the Mountain Yellow- Legged Frog, and Threatened Status for the Yosemite Toad; Proposed Rule YT and SYLF listing. Federal Register, Vol. 78, No. 80, April 25, 2013. 24471-24514

USDI-FWS 2013b Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern Distinct Population Segment of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Proposed Rule. Federal Register, Vol. 71, No. 80. April 25, 2013. 24515-24574.

USDI-FWS. 2014. Endangered and threatened wildlife and plants; Endangered status for the Sierra Nevada yellow-legged frog and the northern distinct population segment of the mountain yellow- legged frog, and threatened status for the Yosemite toad. Federal Register 79:24256-245310.

Appendix A Aquatic Species Checksheet for the Red Mountain Complex OHV Route Restoration Project

AQUATIC SPECIES LIST FOR SIERRA NATIONAL FOREST BASED ON: THE U.S.D.I. FISH & WILDLIFE SERVICE’S SPECIES LIST OF JANUARY 5, 2016 (ONLINE DATABASE LIST - http://ecos.fws.gov/ipac PROJECT CODE: 5S713-ZRYXB-AIRII-4AGOJ-Y4KSQM ) SIERRA NATIONAL FOREST LIST THE U.S.D.A. FOREST SERVICE PACIFIC SOUTHWEST REGION’S SENSITIVE SPECIES LIST OF MARCH 28, 2013, FINAL JUNE 15, 2013, AS UPDATED FROM JUNE 8, 1998 AS AMENDED ON MARCH 6, 2001 AND MAY 7, 2003; AND THE SIERRA NATIONAL FOREST LAND MANAGEMENT PLAN’S MANAGEMENT INDICATOR SPECIES LIST OF 1991 AS AMENDED 2008 AND 2013.

Is there potential for the Is species or its suitable habitat to be habitat directly, within or indirectly, or Elev. adjacent cumulatively Range Species Analysis to the affected by the Species Name (feet) Habitat Boundary on SNF project? project? Rationale AMPHIBIANS CALIFORNIA RED-LEGGED FROG Riparian areas, breeding habitat is deep

Rana aurora draytoni pools (> 0.7 m), stock ponds, streams < Project location is above 5000 feet in < 5,000 1 mile around No No Federally listed Threatened 4% gradient, look within 1 mi of project elevation project area [USDI] AAABH01022 (site assessment; CWHR&USDI) Annual grass habitat and grassy understory of valley-foothill hardwoods. CALIFORNIA TIGER SALAMANDER- Spend most of the year in underground CENTRAL POPULATION in burrows of ground squirrels and man- Not in Sierra Ambystoma californiense < 3,200 No No Species occurs outside of project area made structures, during breeding can National Forest Federally listed Threatened us rocks and logs. Breed in vernal AAAAA01147 pools, some human-made ponds w/o fish, not in streams. [CWHR] Only known from a handful of localities below 1,000 meters in elevation on the North Fork and Middle Fork of the Kings River and from Boyden Cave near Highway 180 (Hansen and Wake, 2005; Herpnet, 2012; USDA, 2010) or in side canyons and seeps of the KINGS RIVER SLENDER Kings River drainage (Chris Evelyn pers HUC10s: Below SALAMANDER comm). Low elevation B. regius habitats are 3,280 feet (1000m) Batrachoseps regius <3,280 mixed pine-oak/ chaparral association with an within North Fork No No Species occurs outside of project boundary Forest Service R5 Sensitive overstory of Interior live oak, sycamore, KR, Middle Fork AAAAD02X20 (general) California buckeye, and Incense cedar KR, Mill Flat-KR, (Evelyn pers. obs.; Hansen and Wake, 2005). Dinkey Creek Found under logs or rocks on the ground; within jumbled mossy talus; or under rock flakes on boulders (Evelyn unpub. data; Hansen pers. comm.; Hansen and Wake, 2005). LIMESTONE SALAMANDER Restricted to Briceburg, Mariposa Co. 325 feet around Hydromantes brunus 830 – CA, Merced River and Tribs, limestone project area No No Species occurs outside of project area Forest Service R5 Sensitive 2,630 outcrops, mixed chaparral, Calif. [CWHR] in Merced AAAD09010 Buckeye indicate habitat. [CWHR] River Watershed

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Is there potential for the Is species or its suitable habitat to be habitat directly, within or indirectly, or Elev. adjacent cumulatively Range Species Analysis to the affected by the Species Name (feet) Habitat Boundary on SNF project? project? Rationale Alpine to Fresno Co. Breed in 1250 meters YOSEMITE TOAD ephemeral pools within meadows or around occupied Anaxyrus (Bufo) canorus slow, flowing runoff streams with short meadows Federally listed Threatened 6,400 – Refer to BA for rational of effects to species emergent sedges or rushes. Found in [USDI-FWS 2014, Yes Yes Forest Service R5 Sensitive 11,300 and habitat. montane meadows and forest cover Liang 2010]. 6,000 AAABB01040 (lodgepole or whitebark pines) around ft and above

the meadows. [CWHR] elevation. Sierran foothills. Breed in shallow, slow 165 feet around FOOTHILL YELLOW-LEGGED FROG flowing water with at least some pebble project area Rana boylii and cobble substrate. Found in riffles Project activities are outside of the Jose Basin < 6400 [CWHR]; Jose No No Forest Service R5 Sensitive and pools with some shading (>20%), CAR and are above 6400 feet in elevation Basin CAR; Willow AAABH01050 and moderately vegetated backwaters, Ck 6th field HUC isolated pools. [CWHR] 25 meters around perennial and SIERRA NEVADA YELLOW-LEGGED Plumas to Tulare Co. Found in ponds, intermittent FROG There is no project activities conducted within tarns, lakes and streams and streams (Stream Rana sierrae 4,500 – known occupied SNYLF habitat. The project associated meadows with sufficient order 3+) (USDI- Yes No Federally listed Endangered 12,000 occurs outside of suitable habitat for SYLF. depth and adequate refuge for FWS 2014) Snow Forest Service R5 Sensitive See aquatic BA. overwintering. [CWHR] Corral CAR. 5,000 AAABH01140 feet and above elevation. Population locations for the Southern MOUNTAIN YELLOW-LEGGED FROG CA DPS and the Northern CA DPS are Rana muscosa outside of Sierra NF boundaries Not on the Sierra No No Species occurs outside of forest boundaries. Federally listed Endangered (Clades for these populations are not National Forest Forest Service R5 Sensitive located on the SNF. Only SNYLF clade) PACIFIC CHORUS FROG (WET Forest wide. Associated with MEADOW HABITAT) Sea level permanent and temporary water of all Hyla Regilla to Wet meadow Yes Yes See MIS report kinds in all CA habitats, except the Management Indicator Species >11,000 habitat driest deserts. [CWHR] AAABC05100 REPTILES Aquatic habitat in spring and summer. SOUTHWESTERN POND TURTLE Adjacent upland habitat fall and winter. The project occurs above 4700 feet elevation. Actinemys (=Clemmys) 325 feet around < 4,700 In rivers, needs slow flowing areas with No No No species occupied or potential habitat is marmorata pallida project area deep underwater refugia and emergent located in project area NORTHWESTERN POND TURTLE [CWHR] basking sites. Migration, hibernation,

PROJECT NAME: RESTORATION: RED MOUNTAIN COMPLEX AQUATIC SPECIES DOCUMENTATION DATE: NOVEMBER 15, 2016 PAGE 47 OF 57 Prepared by: Leanne Knutson

Is there potential for the Is species or its suitable habitat to be habitat directly, within or indirectly, or Elev. adjacent cumulatively Range Species Analysis to the affected by the Species Name (feet) Habitat Boundary on SNF project? project? Rationale Actinemys (=Clemmys) and nesting occur on land up to 330 marmorata marmorata feet from riparian area. [CWHR] Forest Service R5 Sensitive ARAAD02030/31/32 valley Only occurs on Central Valley floors and BLUNT-NOSED LEOPARD LIZARD floor, adjacent foothills. Absent from areas of steep Gambelia (=Crotaphytus) sila slope, dense vegetation, or areas subject to Not in Sierra 100- No No Species occurs outside forest boundaries. Federally listed Endangered seasonal flooding. Current range on Valley National Forest 2,400 ft ARACF07010 floor. On alkali flats, larger washes, arroyos canyons and low foothills. [CWHR] Only occurs on Central Valley floor. GIANT GARTER SNAKE < 1,000 Nocturnal. Highly aquatic, associated Thamnophis gigas Not in Sierra valley with permanent/semi-permanent bodies No No Species occurs outside the forest boundaries. Federally listed Threatened National Forest floor of water. Probably extirpated from ARADB36150 Northern Fresno county south. [CWHR] FISH OWENS TUI CHUB Gila bicolor snyderi Federally listed Endangered Restricted to Owens River on the Inyo Not in Sierra No No Species occurs outside the forest boundaries. AFCJB1303J NF. [Moyle] National Forest

DELTA SMELT Restricted to the lower most reaches of Hypomesus transpacificus the San Joaquin River near the Delta. Not in Sierra No No Species occurs outside the forest boundaries. Federally listed Threatened [Moyle] National Forest AFCHB01040

Lower reaches of Silty backwaters of large rivers in the the Merced, foothill regions In summer, ammocoetes Kawea, Kings and KERN BROOK LAMPRAY are usually found in shallow pools along SJR. KR above Lampetra hubbsi edges of run areas with slight flow. Project is located above 1,100 feet in 98-1,100 Pine Flat Reservoir No No Forest Service R5 Sensitive Common substrates occupied are sand, elevation and SJR above gravel, and rubble Temperature Millerton Reservoir. requirements suggestive of a cool- Associated water requirement. tributaries

HARDHEAD Low to mid elev streams in SJ drainage, SJR 6th field HUC, Project is located outside the SJR 6th field Mylopharodon conocephalus temps. 20-28’C [Moyle]; sightings in SJR CAR, and < 4,760 No No HUC, SJR, CAR, and North Fork KR 6th field Forest Service R5 Sensitive 1980’s in North Fork Kings River North Fork KR 6th HUC AFCJB25010 [PG&E] field HUC

PROJECT NAME: RESTORATION: RED MOUNTAIN COMPLEX AQUATIC SPECIES DOCUMENTATION DATE: NOVEMBER 15, 2016 PAGE 48 OF 57 Prepared by: Leanne Knutson

Is there potential for the Is species or its suitable habitat to be habitat directly, within or indirectly, or Elev. adjacent cumulatively Range Species Analysis to the affected by the Species Name (feet) Habitat Boundary on SNF project? project? Rationale LAHONTAN CUTTHROAT TROUT Restricted to West Fork Cow Creek on Cow Creek/ Oncorhynchus clarki henshawi 5,000 – Project is located outside the Cow Creek and HSRD and West Fork Portuguese Portuguese Creek No No Federally listed Threatened 7,000 Portuguese Creek Watershed/CAR Creek on BLRD, Sierra NF. [Sierra] Watersheds/CARs AFCHA02081 PAIUTE CUTTHROAT TROUT Restricted to Stairway Creek on BLRD Stairway Creek/ The project area does not occur within the Oncorhynchus clarki seleniris 5,000 – and Sharktooth Creek on HSRD, Sierra Sharktooth Creek No No Stairway Creek/ Sharktooth Creek Federally listed Threatened 7,000 NF. [Sierra] Watersheds/CARs Watersheds/CARs AFCHA02089 Likely extirpated from the San Joaquin CENTRAL VALLEY STEELHEAD drainage. [Moyle]. Prevented from Oncorhynchus mykiss Not in Sierra < 6,000 entering Sierra NF by large dams below No No Species occurs outside of forest boundaries. Federally listed Threatened National Forest forest boundary on Merced, San AFCHA0209G/H Joaquin &Kings Rivers. INVERTEBRATES

VERNAL POOL FAIRY SHRIMP AND Ephemeral wetlands, large cool-water CRITICAL HABITAT Valley Not in Sierra vernal pools. Nearest location to Sierra No No Species occurs outside of forest boundaries. Branchinecta lynchi floor National Forest NF is 5 miles to the west of Auberry Federally listed Threatened (Forest boundary).

CONSERVANCY FAIRY SHRIMP AND Ephemeral wetlands, large cool-water CRITICAL HABITAT Valley Not in Sierra vernal pools. Nearest location to Sierra No No Species occurs outside of forest boundaries. Branchinecta conservatio floor National Forest NF is Haystack Mountain/ Yosemite Federally listed Endangered Lake area, Merced County Only found in vernal pool and like habitats, ephemeral wetlands. Nearest VERNAL POOL TADPOLE SHRIMP possible location to Sierra NF is AND CRITICAL HABITAT Valley Not in Sierra approximately 5 miles to the west of No No Species occurs outside of forest boundaries. Lepidurus packardi floor National Forest Auberry (Forest Boundary) Big Table Federally listed Endangered Mountain Preserve. Primarily in Sacramento Co. All Project subH20s & Refer to the AQUATIC INVERTEBRATE HABITAT Perennial dwnstrm subH20s Yes project’s MIS Refer to the projects MIS report Management Indicator Species All perennial stream habitat. Streams if appropriate report CRITICAL HABITAT Designated critical habitat areas within Refer to BA for rational of effects to species YOSEMITE TOAD CRITICAL HABITAT - - Yes Yes the SNF (USDI- and habitat. FWS 2013b)

PROJECT NAME: RESTORATION: RED MOUNTAIN COMPLEX AQUATIC SPECIES DOCUMENTATION DATE: NOVEMBER 15, 2016 PAGE 49 OF 57 Prepared by: Leanne Knutson

Is there potential for the Is species or its suitable habitat to be habitat directly, within or indirectly, or Elev. adjacent cumulatively Range Species Analysis to the affected by the Species Name (feet) Habitat Boundary on SNF project? project? Rationale Designated critical SIERRA NEVADA YELLOW-LEGGED habitat areas within There is no SNYLF proposed critical habitat - - No No FROG CRITICAL HABITAT the SNF (USDI- within project area. FWS 2013b)

References

California Department of Fish and Game. 1995. Fish Species of Special Concern, 2nd Edition. Rancho Cordova, California.

California Department of Fish and Game. California Interagency Wildlife Task Group. 2002. California Wildlife Habitat Relationships version 8.0 personal computing program. Sacramento, California.

Federal Register. 2002. Proposed rule to list critical habitat for Vernal Pool invertebrates. Volume 67, Number 185. September 25, 2002.

Moyle, P.B. 2002. Inland Fishes of California, Revised and Expanded. University of California Press. London, England.

Pacific Gas & Electric. 1987. Fish surveys on the Kings River for the Hass-Kings Hydroelectric Project. San Ramon, California.

Sierra National Forest. 1995. Land and Resource Management Plan, Amended. Clovis, California.

USDI-FWS. 2014. Endangered and Threatened Wildlife and Plants; Endangered Status for the Sierra Nevada Yellow-Legged Frog and the Northern Distinct Population Segment of the Mountain Yellow-Legged Frog, and Threatened Status for the Yosemite Toad; Proposed Rule YT and SYLF listing. Federal Register, Vol. 79, No. 82, April 29, 2014.

USDI-FWS 2013b Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Sierra Nevada Yellow-Legged Frog, the Northern Distinct Population Segment of the Mountain Yellow-Legged Frog, and the Yosemite Toad; Proposed Rule. Federal Register, Vol. 71, No. 80. April 25, 2013. 24515-24574.

PROJECT NAME: RESTORATION: RED MOUNTAIN COMPLEX AQUATIC SPECIES DOCUMENTATION DATE: NOVEMBER 15, 2016 PAGE 50 OF 57 Prepared by: Leanne Knutson

Acronyms

• BLRD = Bass Lake Ranger District, Sierra National Forest • CA = California • Calif = California • CAR = Critical Aquatic Refuge • CO = County • CWHR = California Department of Fish and Game’s California Wildlife Habitat Relationships program • Elev = Elevation • HSRD = High Sierra Ranger District, Sierra National Forest • HUC = Hydrologic Unit Code (watershed delineations) • KR = Kings River • KRP = Kings River Project • Mi = Mile • NF = National Forest • SJ = San Joaquin • SJR = San Joaquin River • Tribs = Tributaries • USDI = US Department of Interior, Fish and Wildlife Service

PROJECT NAME: RESTORATION: RED MOUNTAIN COMPLEX AQUATIC SPECIES DOCUMENTATION DATE: NOVEMBER 15, 2016 PAGE 51 OF 57 Prepared by: Leanne Knutson

Appendix B USFWS Official Species List for the Red Mountain Complex OHV Route Restoration Project

United States Department of the Interior FISH AND WILDLIFE SERVICE Sacramento Fish and Wildlife Office FEDERAL BUILDING, 2800 COTTAGE WAY, ROOM W-2605 SACRAMENTO, CA 95825 PHONE: (916)414-6600 FAX: (916)414-6713

Consultation Code: 08ESMF00-2017-SLI-0273 November 15, 2016 Event Code: 08ESMF00-2017-E-00495 Project Name: Red Mountain Complex OHV Route Restoration

Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project

To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, under the jurisdiction of the U.S. Fish and Wildlife Service (Service) that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the Service under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please follow the link below to see if your proposed project has the potential to affect other species or their habitats under the jurisdiction of the National Marine Fisheries Service: http://www.nwr.noaa.gov/protected_species/species_list/species_lists.html

New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required

to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa- library/pdf/TOC-GLOS.PDF Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment

2

Official Species List

Provided by: Sacramento Fish and Wildlife Office FEDERAL BUILDING 2800 COTTAGE WAY, ROOM W-2605 SACRAMENTO, CA 95825 (916) 414-6600

Consultation Code: 08ESMF00-2017-SLI-0273 Event Code: 08ESMF00-2017-E-00495

Project Type: RECREATION CONSTRUCTION / MAINTENANCE

Project Name: Red Mountain Complex OHV Route Restoration Project Description: The Red Mountain Complex OHV Route Restoration is located on the Sierra National Forest in Fresno County , CA. (T9S R25E Sections 24, 25, 35, 36. T9S R26E Sections 18, 19, 30, 31. T10S R25E Section 1. T10S R26E Section 6 within the High Sierra Ranger District) The project is projected to be implemented in late August to early September 2017. The entire Red Mountain Complex OHV route will be included for any needed rehabilitation work including 200 feet on either side of route. The purpose and need is to prevent the public from using illegally made OHV routes and to help rehabilitate previous damage to habitat for resources. Forest Service staff and volunteers will close-off, block access to, and rehabilitate damaged areas due to illegal OHV use. Soil control efforts will consist of building/maintaining rolling dip drains and water bars to minimize trail erosion. Hand tools, power tools, and Jeeps equipped with wenches will be used to cut trees and move rock to block access to illegal roads. Grading and mulching of soil will reduce compaction and increase new vegetation growth.

Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the 'Provided by' section of your previous Official Species list if you have any questions or concerns. Project Location Map:

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Project Coordinates: The coordinates are too numerous to display here.

Project Counties: Fresno, CA

Endangered Species Act Species List

There are a total of 5 threatened or endangered species on your species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions.

Amphibians Status Has Critical Habitat Condition(s)

Endangered Final designated Sierra Nevada Yellow-legged Frog (Rana sierrae) Population: Wherever found

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Threatened Final designated Yosemite toad (Anaxyrus canorus) Population: Wherever found

Fishes

Threatened Final designated Delta smelt (Hypomesus transpacificus) Population: Wherever found

Threatened Lahontan cutthroat trout (Oncorhynchus clarkii henshawi) Population: Wherever found

Threatened steelhead (Oncorhynchus (=salmo) mykiss) Population: Northern California DPS Critical habitats that lie within your project area

The following critical habitats lie fully or partially within your project area.

Amphibians Critical Habitat Type

Final designated Yosemite toad (Anaxyrus canorus) Population: Wherever found

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