Biological Resources Assessment

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Appendix D Biological Resources Assessment

BIOLOGICAL RESOURCES ASSESSMENT

PORTOLA AGGREGATES PLUMAS COUNTY, CALIFORNIA

Prepared for

Hat Creek Construction

Prepared by

VESTRA Resources Inc. 5300 Aviation Drive Redding, California 96002

SEPTEMBER 2020

BIOLOGICAL RESOURCES ASSESSMENT

PORTOLA AGGREGATES PLUMAS COUNTY, CALIFORNIA

Prepared for

Hat Creek Construction

Prepared by

VESTRA Resources Inc. 5300 Aviation Drive Redding, California 96002

71305

SEPTEMBER 2020 TABLE OF CONTENTS

SECTION

1.0 INTRODUCTION & PROJECT DESCRIPTION ...... 1

2.0 REGULATORY FRAMEWORK FOR BIOLOGICAL RESOURCES ...... 2 2.1 Federal Regulations...... 2 2.2 State Regulatory Requirements ...... 2

3.0 AFFECTED ENVIRONMENT ...... 4 3.1 Project Location ...... 4 3.2 Natural Resources ...... 4 3.3 Special-Status Species ...... 6

4.0 BIOLOGICAL SITE SURVEY ...... 7 4.1 Desktop Review ...... 7 4.2 Field Methods...... 7 4.3 Results ...... 8

5.0 POTENTIAL IMPACTS TO BIOLOGICAL RESOURCES...... 9 5.1 Special-Status Species ...... 9 5.2 Rare Natural Communities and Sensitive Habitats ...... 15 5.3 Waters of the United States ...... 16

6.0 CONCLUSION/AVOIDANCE AND/OR MITIGATION MEASURES ...... 17

7.0 REFERENCES ...... 19

TABLES

1 Potentially Occurring Special-Status Species ...... 9 2 Proposed Surveys ...... 17

FIGURES

1 General Site Location 2 CWHR Types 3 CNDDB Occurrences 4 National Wetlands Inventory

APPENDICES

A Site Photographs B U.S. Fish and Wildlife Service Species List

1.0 INTRODUCTION

The proposed mining operations will include excavation and processing of aggregate on a portion of an approximately 715-acre site located roughly 2 miles northeast of the city of Portola, California. Approximately 213 acres of the site will be affected by active mining operations, which will occur over 30 years, assuming a 240-day operating season. A 7.5-acre mine currently operates at the southern end of the property.

The proposed activities include operation of a surface mine and sorting and processing of aggregate materials onsite. The site location is shown on Figure 1. This area is projected to yield approximately 33.8 million tons of material. The rate of mining will be governed by the market demands and local competition. The estimated timeline will be adjusted based on these conditions.

Mining operations will use a variety of large machinery to transport material to the processing area and mine the underlying aggregate.

During the mining and reclamation phases of the proposed project, areas not involved in the mining process will not be disturbed. Once slopes are reclaimed to a stable configuration, the disturbed areas will be revegetated to restore native vegetation for wildlife habitat.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 1 SITE LOCATION

FIGURE 1 Miles GENERAL SITE LOCATION 0 2 4 8 PORTOLA AGGREGATES PLUMAS COUNTY, CALIFORNIA P:\GIS\71305\Portola-Carmichael\Figures\Bio\71305_GeneralSiteLocation.mxd 2.0 REGULATORY FRAMEWORK FOR BIOLOGICAL RESOURCES

This section describes the federal and state regulation of special-status botanical and wildlife species and critical habitats, federally jurisdictional Waters of the United States, and other sensitive biological resources.

2.1 Federal Regulations

2.1.1 Federal Endangered Species Act

Section 9 of the federal Endangered Species Act of 1973 (ESA) prohibits acts that result in the “take” of threatened or endangered species. As defined by the federal ESA, “endangered” refers to any species that is in danger of extinction throughout all or a significant portion of its current range. The term “threatened” is applied to any species likely to become endangered within the foreseeable future throughout all or a significant portion of its current range. “Take” is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.” Sections 7 and 10 of the federal ESA provide methods for permitting otherwise lawful actions that may result in “incidental take” of a federally listed species. Incidental take refers to take of a listed species that is incidental to, but not the primary purpose of, an otherwise lawful activity. Incidental take is permitted under Section 7 for projects on federal land or involving a federal action; Section 10 provides a process for non-federal actions. The act is administered by the U.S. Fish and Wildlife Service (USFWS) for terrestrial species.

2.1.2 Migratory Bird Treaty Act

Migratory birds are protected under the Migratory Bird Treaty Act (MBTA) of 1918 (16 USC 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 CFR Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 CFR 21). Mitigation measures can be identified to avoid or minimize adverse effects on migratory birds.

2.2 State Regulatory Requirements

2.2.1 California Endangered Species Act

The California Endangered Species Act (CESA) lists species of plants and animals as threatened or endangered. Projects that may have adverse effects on state-listed species require formal consultation with California Department of Fish and Wildlife (CDFW). “Take” of protected species incidental to otherwise lawful activities may be authorized under Section 2081 of the California Fish and Game Code. Authorization from the CDFW is in the form of an Incidental Take Permit, and measures can be identified to minimize take. CDFW Species of Special Concern are considered under the California Endangered Species Act.

2.2.2 Birds of Prey

Under Section 3503.5 of the California Fish and Game Code, it is unlawful to take, possess, or destroy any birds in the orders of Falconiformes or Strigiformes (birds of prey) or to take,

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 2 possess, or destroy the nest or eggs of any such bird, except as otherwise provided by this code or any regulation adopted pursuant thereto.

2.2.3 Migratory Birds

California Fish and Game Code, Section 3513, states that it is unlawful to take or possess any migratory nongame bird as designated in the MBTA or any part of such migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the MBTA.

2.2.4 Fully Protected Species

California statutes also accord “fully protected” status to a number of specifically identified birds, mammals, reptiles, amphibians, and fish. These species cannot be “taken,” even with an incidental take permit (California Fish and Game Code, Sections 3505, 3511, 4700, 5050, and 5515).

2.2.5 Surface Mining and Reclamation Act of 1975 (SMARA)

Public Resources Code, Sections 2710-2796, provide a comprehensive surface mining and reclamation policy with the regulation of surface mining operations to assure that adverse environmental impacts are minimized and mined lands are reclaimed to a usable condition. SMARA, Chapter 9, Division 2, of the Public Resources Code requires the State Mining and Geology Board to adopt State policy for the reclamation of mined lands and the conservation of mineral resources (California Code of Regulations, Title 14, Division 2, Chapter 8).

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 3 3.0 AFFECTED ENVIRONMENT

3.1 Project Location

The address of the property is 77413 Meadow Way, Portola, California. The site occurs within California USGS Quadrangle 23 and is located in Section 19, 20, 25, 29, 30 of the MDBM. Elevations within the project site range between 5040 to 5700 feet above mean sea level. At the site, topography slopes downward from the two hilltops that are proposed to be mined. Upon mining completion, the site will be reclaimed such that slopes are stabilized and native plant species have been used to revegetate the site.

The lands surrounding the proposed mine boundary are agricultural preserve, forest, mining, urban, and suburban-zoned areas. The proposed project site encompasses an existing mining site and open conifer forest. The proposed mine site would operate under a special use permit.

3.2 Natural Resources

3.2.1 Vegetation Communities

Vegetation at the project site has been identified via the CDFW’s Vegetation Classification and Mapping Program (VegCAMP) data and field surveys as eastside pine, sagebrush, annual grassland, montane chaparral, barren, and montane hardwood as shown on Figure 2. Site photographs are included as Appendix A.

The site habitat assessment conducted on August 12, 2019, found that the site is predominantly an eastside pine forest and that an aspen stand is growing at the southern end of the site. Annual grassland comprises the ground cover within eastside pine habitat. Sagebrush occurs onsite as an understory plant within eastside pine habitat, but stands of sagebrush habitat are absent from the proposed mining area. The typical structure and composition of habitat types that were observed onsite are described below.

Eastside Pine Eastside pine habitat can occur as a pure pine stand or as a mixed forest that includes an oak or juniper understory. Ponderosa pine is often the dominant pine species with less representation by Jeffrey pine (Pinus jeffreyi), lodgepole pine (Pinus contorta), white fir (Abies concolor), incense cedar (Calocedrus decurrens), California black oak (Quercus kelloggii), and juniper (Juniperus sp.). An open stand of low shrubs and a grassy herb layer are typical. The pine canopy within this habitat is open which allows for light, wind, and rain to reach the understory. The understory composition includes Idaho fescue (Festuca idahoensis), bluebunch wheatgrass (Pseudoroegneria spicata), and bottlebrush squirreltail (Elymus elymoides). This habitat occurs throughout approximately 250 acres of the mine site. Northern aspects of the site support a higher density of trees compared to the remainder of eastside pine habitat on the site (see Appendix A – Photo 1 and Photo 2).

Annual Grassland This habitat is characterized as a moderate to dense herbaceous layer dominated by annual grasses and forbs. Areas of annual grassland are dominated by introduced annual grasses and

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 4 Annual Grassland Montane Hardwood Potential Project Area

Barren Sagebrush Approximate Parcel Boundary

Eastside Pine Urban

Montane Chaparral FIGURE 2 Feet CWHR TYPES 0 750 1,500 3,000 PORTOLA AGGREGATES SOURCE: USFS 2019 PLUMAS COUNTY, CALIFORNIA P:\GIS\71305\Portola-Carmichael\Figures\Bio\71305_CWHR.mxd forbs, including yellow star-thistle (Centaurea solstitialis), wild oats (Avena fatua), ripgut brome (Bromus diandrus), soft brome (Bromus hordeaceus), and cheatgrass (Bromus tectorum). Stands of annual grasses typically adjoin and can occur as understory plants in the canopied habitats. Annual grassland occurs in the understory within the eastside pine habitat throughout the site (see Appendix A – Photo 3 and Photo 4).

Barren Barren habitat is defined by the absence of vegetation. Any habitat with less than two percent total herbaceous vegetation cover or less than ten percent cover in forest or shrub-dominant communities is considered to be barren. Urban settings that have been developed or graded that meet these vegetative cover criteria are also considered to be barren habitat. This occurs in the surrounding area where an existing 7-acre surface mine site currently operates. Roadways for the proposed mine site will be built within this barren area. Barren areas, although void of vegetation, can provide habitat for birds, mammals, and reptiles. Due to the current mining operations onsite, this area is not a high-quality habitat area for any special-status species or other wildlife or plant species (see Appendix A – Photo 5).

Aspen Aspen stands are typically composed of clones representing one or more genetic lines. They vary from a few stems on less than 2.5 acres to thousands of stems on 50 acres or more. Associated subdominant tree species may include willows, alders, black cottonwood, ponderosa pine, and fir species. In communities near climax, however, quaking aspen is conspicuously the dominant species in the canopy. Important understory shrubs include sagebrush, roses, snowberry, western chokecherry, and western serviceberry. Forbs are usually more abundant than grasses and sedges.

3.2.2 Soils

The Natural Resources Conservation Service (2019), formerly the Soil Conservation Service, identified eleven soil types within the project boundary. Soil thickness varies considerably from none (exposed bedrock) to thick (60 inches). Site soils are predominantly sandy loams along more gradual slopes and in topographic depressions. Soils occurring on steeper terrain are gravelly to stony sands, with steeper terrain exhibiting little to no soil development. Stony land and rock outcrops occur in the steepest parts of the property (see Appendix A – Photos 6-8). While runoff potential is considered low, the combination of sandy-gravelly soils and steep terrains means that many site soils are subject to considerable erosion, especially where not well vegetated.

3.2.3 Hydrology

Surface Water There is no known surface water at this site. Grizzly Creek is located about a mile to the east of the site. There is an unknown tributary to the Middle Fork Feather River located half a mile to the east of the site.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 5 Groundwater A preliminary survey of groundwater wells monitored by the Department of Water Resources (DWR) showed one well within a one-mile radius and three wells within a six-mile radius of the site. Groundwater was found at 60 feet below the surface level. The proposed project will involve removing aggregate but is not expected to impact groundwater.

3.3 Special-Status Species

3.3.1 Special-Status Plants

Special-status plant species include plants that are (1) designated as rare by CDFW or USFWS or are listed as threatened or endangered under the California Endangered Species Act (CESA) or ESA; (2) proposed for designation as rare or listing as threatened or endangered; (3) designated as state or federal candidate species for listing as threatened or endangered; and/or (4) ranked as California Rare Plant Rank (CRPR) 1A, 1B, 2A, or 2B. A list of regionally occurring special- status plant species was compiled based on a review of pertinent literature, the results of the field surveys, a review of the USFWS species list and California Natural Diversity Database (CNDDB), and a nine-quad search (Whiskeytown, Shasta Dam, Project City, Igo, Redding, Enterprise, Ono, Olinda, Cottonwood) of California Native Plant Society (CNPS) database records.

For each special-status plant species, habitat and other ecological requirements were evaluated and compared to the habitats in the study area and immediate vicinity to assess the presence of potential habitat. The habitat assessment is provided in Table 1.

3.3.2 Special-Status Animals

Special-status animal species include species that are (1) listed as threatened or endangered under the CESA or the ESA; (2) proposed for federal listing as threatened or endangered; (3) identified as state or federal candidates for listing as threatened or endangered; and/or (4) identified by the CDFW as Species of Special Concern or California Fully Protected Species.

A list of regionally occurring special-status wildlife species was compiled based on a review of pertinent literature and consultations with the USFWS Information for Planning and Consultation (iPAC) database (Appendix B), CNDDB database records, and a query of the California Wildlife Habitats Relationship (CWHR) system. The CNDDB query results are shown on Figure 3.

For each special-status wildlife species, habitat and other ecological requirements were evaluated and compared to the habitats in the study area and immediate vicinity to assess the presence of potential habitat. The habitat assessment is provided in Section 5.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 6 flammulated owl prairie falcon

flammulated owl Sheldon's sedge lens-pod milk-vetch North American porcupine great gray owl

sticky pyrrocoma

northern goshawk North American porcupine silver-haired bat great gray owl

Sierra Nevada red fox North American porcupine sticky pyrrocoma

Sierra Valley ivesia sticky pyrrocoma sticky pyrrocoma

Sierra Valley ivesia

silver-haired bat Yuma myotis sticky pyrrocoma willow flycatcher sticky pyrrocoma sticky pyrrocoma Santa Lucia dwarf rush Sierra Valley ivesia sticky pyrrocoma sticky pyrrocoma Sierra Valley ivesia sticky pyrrocoma western bumble bee prairie falcon Nevada daisy Plumas ivesia Plumas ivesia sticky pyrrocoma willow flycatcher greater sandhill crane lens-pod milk-vetch Plumas ivesia sticky pyrrocoma greater sandhill crane Sheldon's sedge lens-pod milk-vetch lens-pod milk-vetch sticky pyrrocoma greater sandhill crane sticky pyrrocoma greater sandhill crane Sheldon's sedge Sierra Nevada yellow-legged frog sticky pyrrocoma lens-pod milk-vetch Sheldon's sedge American badger Plumas ivesia lens-pod milk-vetch Sheldon's sedge lens-pod milk-vetch lens-pod milk-vetch Plumas ivesia sticky pyrrocoma

Spotted Owl Observation Location Potential Project Area

CNDDB Occurrence 5-Mile Buffer Around Potential Project Area

1-Mile Buffer Around Potential Project Area FIGURE 3 Miles CNDDB OCCURRENCES 0 1.25 2.5 5 PORTOLA AGGREGATES SOURCE: CDFW CNDDB JUNE 2020 PLUMAS COUNTY, CALIFORNIA P:\GIS\71305\Portola-Carmichael\Figures\Bio\71305_CNDDB.mxd 4.0 BIOLOGICAL SITE SURVEY

4.1 Desktop Review

Special-status plant and animal species and sensitive habitats that have the potential to occur within the project area were determined, in part, by reviewing agency databases, literature, and other relevant sources. The following information sources were reviewed in August 2019 and again in June 2020 to aid this determination:

 Portola, California, USGS 7.5-minute quadrangle;  Aerial imagery of the project area and vicinity;  The U.S. Fish and Wildlife Service (USFWS) official list of endangered and threatened species that may occur, or be affected by projects, as provided by the information for Planning and Consultation (iPAC) database;  The California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB) (California Department of Fish and Wildlife 2015a) records for the Portola, California, USGS 7.5-minute quadrangle and the eight surrounding quadrangles;  The California Native Plant Society (CNPS) online Inventory of Rare and Endangered Plants (California Native Plant Society 2015) records for the Portola, California, USGS 7.5-minute quadrangle and the eight surrounding quadrangles;  California Wildlife Habitat Relationships (CWHR) System (California Department of Fish and Game 2019);  GIS shapefiles of designated critical habitat from the USFWS Critical Habitat Portal website;  CDFW publications including State and Federally Listed Endangered, Threatened and Rare Plants of California (California Department of Fish and Wildlife 2015b); State and Federally Listed and Threatened Animals of California (California Department of Fish and Wildlife 2015d); and Special Animals List (California Department of Fish and Wildlife 2015e); and  Pertinent biological literature including Bird Species of Special Concern in California (Shuford and Gardali 2008).

4.2 Field Methods

A site biological survey was completed on August 12, 2019, to determine the onsite presence of habitat that may support special-status species. The survey included pedestrian transects which covered the entire proposed mine area. Site features considered during the habitat assessment included components of micro-habitats that may support special-status plants or animals, including habitat type, vegetative community, forest density and height, soil types, elevation, and hydrology of the site.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 7 The habitat assessment considered the potentially occurring special-status plant species. Habitat for four potentially occurring species was identified using the CWHR and CNDDB query results as well as recognition of habitat while walking transects across the proposed mine area.

4.3 Results

Wildlife documentations include direct observations as well as indirect signs (i.e. scat, tracks, feathers, etc.) that were observed during the survey. Wildlife documented onsite includes ground squirrel (Otospermophilus sp.), black-tailed deer (Odocoileus sp.), black bear (Ursus americanus), and raccoon (Procyon lotor). Several avian species were observed generally utilizing the area, including brown creeper (Certhia Americana), Stellar’s jay (Cyanocitta stelleri), common raven (Corvus corax), and turkey vulture (Cathartes aura).

The plant community varied throughout the site depending on slope, soil type, and aspect. The dominant plant species observed in the area include Jeffrey pine (Pinus jeffreyi), black oak (Quercus douglassii), incense cedar (Calocedrus decurrens), manzanita (Arctostaphylos sp.), mahala mat (Ceanothus prostrates), antelope bitterbrush (Purshia tridentata), big sagebrush (Artemesia tridentata), cheatgrass (Bromus tectorum), and sulfur flower buckwheat (Eriogonum umbellatum ssp.).

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 8 5.0 POTENTIAL IMPACTS TO BIOLOGICAL RESOURCES

5.1 Special-Status Species

The regionally occurring species identified during the pre-survey consultation were assessed based on the potential for their habitat to occur within the proposed mining area. The habitat of each species and determination of whether the species is likely to occur in the project area is summarized in Table 1. The potential impacts to these species are discussed below.

Table 1 POTENTIALLY OCCURRING SPECIAL-STATUS SPECIES Habitat Common Fed State CRPR Present? Scientific Name Name Status Status Status Habitat (Y/N) Birds northern CDFW Nest in mature and old- Accipiter gentilis -- -- Yes goshawk SSC growth forest stands T, Antigone canadensis greater sandhill -- CDFW -- Emergent wetlands No tabida crane FP willow Riparian forest, primarily Empidonax traillii -- E -- No flycatcher in willow thickets Nest on cliff ledge USFW CDFW overlooking open Falco mexicanus prairie falcon -- Yes S BCC WL meadows in grasslands and forests Old growth forest with dense stands and Strix nebulosa great gray owl -- E -- Yes meadows; require large snags >3 feet DBH western yellow- Coccyzus americanus T E -- Dense riparian forest No billed cuckoo Mammals American CDFW Dry open stages of most Taxidea taxus -- -- Yes badger SSC shrub and forest habitats Lasionycteris silver-haired CDFW Roost in tree bark or -- -- Yes noctivagans bat SSC hollow Forests interspersed Sierra Nevada Vulpes vulpes necator C T -- with meadows or alpine Yes red fox fell-fields Invertebrates Nest in underground western Bombus occidentalis -- CE -- cavities such as squirrel Yes bumble bee burrow Amphibians Sierra Nevada Streams, rarely found Rana sierrae yellow-legged E T -- farther than 3 feet from No frog water Plants sticky Alkaline flats with clay Pyrrocoma lucida -- -- 1B.2 No pyrrocoma soils; FL July-October

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 9 Table 1 POTENTIALLY OCCURRING SPECIAL-STATUS SPECIES Habitat Common Fed State CRPR Present? Scientific Name Name Status Status Status Habitat (Y/N) Grassy areas in Sierra Valley Ivesia aperta var. aperta -- -- 1B.2 sagebrush; FL June- Yes ivesia September Carex sheldonii Sheldon's sedge -- -- 2B.2 Riparian, wetland No Sandy or rocky soils in lens-pod milk- pine or sagebrush Astragalus lentiformis -- -- 1B.2 Yes vetch communities; FL May- July Wet meadows; FL May- Ivesia sericoleuca Plumas ivesia -- -- 1B.2 Yes October Santa Lucia Juncus luciensis -- -- 1B.2 Riparian, wetland No dwarf rush Rocky sites between Erigeron eatonii var. Nevada daisy -- -- 2B.3 1400-1950 m.; FL May- Yes nevadincola July Fed T: federally listed as threatened; Fed E: federally listed as endangered; Fed C: Candidate for listing; State T: state listed as threatened State E: state listed as endangered; CDFW SSC: Species of Special Concern; CDFW FP: CDFW fully protected; CDFW WL: CDFW watch list; 1B: Plants rare, threatened, or endangered in California and elsewhere; 2B: Plants rare, threatened, or endangered in California but more common elsewhere.

Northern Goshawk Accipiter gentilis Northern goshawks inhabit middle to high elevations within old growth stands of conifer and deciduous forests in the North Coast Range through the Sierra Nevada, Klamath, Cascade, and Warner Mountains. This species typically remains within their breeding grounds throughout the year; some migration to lower elevations in search of food has been documented irregularly throughout the year. Nesting site selection by northern goshawks is typically in densely vegetated stands growing on northern slopes within close proximity to a water source. Northern goshawk pairs occupy nesting areas from February to early April. Some pairs may remain in their nesting areas year-round. Outside of a nesting area, the home range of a breeding pair may not be defended and may overlap with the home range of adjacent pairs.

The nearest occurrence of northern goshawk is approximately 2.5 miles from the site and occurred in 1981. These documented occurrences surround Lake Davis, which is approximately 5 miles north of the project area. It is possible that northern goshawks select nesting sites based on the proximity to Lake Davis, a 4,000-acre reservoir that has provided a major water source in the area since 1966 (USFS 1988). Because no streams, ponds, or lakes occur within the proposed mine area, northern goshawks are not likely to utilize the project site for nesting habitat.

In North America, home range in the breeding season ranges from 1,400 to 8,600 acres (Squires 1997). Foraging habitat is beneath the forest canopy, along edges, and in small openings. There is potential for foraging northern goshawks to occur within grassland meadows in the western portion of the proposed mine area. Individual northern goshawks foraging in the area will likely select alternative forested habitat within their home range that surrounds the project area within

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 10 Plumas National Forest. Due to the relatively small footprint of the proposed 100-acre mine area to the home range of northern goshawks, project impacts to foraging northern goshawks will be less than significant.

Great Gray Owl Strix nebulosa On the lower margins of their distribution, great gray owls (GGOWs) are found in conifer- woodland habitats consisting of ponderosa pine (Pinus ponderosa), incense cedar (Calocedrus decurrens), and black oak (Quercus kelloggii) and sometimes near blue oak (Q. douglasii) or live oak (Q. wislizinii) woodlands. Most of the known great gray owl breeding activity occurs between 2500 and 8000 feet in elevation. Meadows appear to be their preferred foraging habitat in California because their preferred prey inhabit grass-forb habitats, which do not typically grow under the dense canopies of the Sierran forests. Clear-cuts and recent burns, where they exist in the Sierras, provide some structural similarity to a meadow ecosystem for a few years before the trees or brush shade out the grasses and forbs. Such sites can provide foraging for nesting GGOWs, but only on a short-term basis (Greene 1995).

All available literature indicates that GGOWs in the western United States overwhelmingly select only two prey taxa: voles (Microtus sp.) and pocket gophers (Thomomys sp.) (Bull & Henjum 1990, Franklin 1988, Reid 1989, Winter 1986). Over 90 percent of the prey taken in the Sierras are from these two taxa, both of which are found mainly in grass/forb habitats. In the Sierra Nevada, pocket gophers are widespread but voles occur almost exclusively in meadow systems.

Only 17 natural nests have been found in California, and 16 of those were in large, broken- topped conifer snags or a broken-out black oak cavity (Greene 1995). Only one nest has been found constructed on an old hawk nest. In California, GGOWs simply move to lower elevations when snow conditions drive them out of their breeding territories. Studies in Yosemite indicate that great grays drift down to snow-free areas in the winter (Beck 2000). They winter in habitats similar to their breeding grounds while some owls remain all year on territories that are at or below snowline. Adults (particularly the females) often wander to higher or lower elevations for a few weeks after breeding. The juveniles can sometimes be found on the breeding grounds as late as November before the adults drive them out.

The nearest occurrence of great gray owl to the proposed mine site is along the western shore of Lake Davis. The CNDDB reveals that each of these observations occurred in locations adjacent to open meadows within conifer forest. According to the USDA Forest Service (USFS) Survey Protocol for the Great Gray Owl in the Sierra Nevada of California, great gray owls primarily utilize snags within 300 yards (900 feet) of a dry grass meadow that is ten acres or larger (USFS 2000).

One open meadow that is surrounded by conifer and hardwood canopy exists onsite at the northwestern portion of the proposed mine area, shown as “annual grassland” in Figure 2. Due to the proximity of occurrences of GGOWs to the proposed mine site and the presence of potential habitat onsite, a survey would be needed to determine the presence of nesting great gray owls prior to mining activities being initiated within of any open meadows greater or equal to ten acres in size. The survey should occur prior to initiation of any proposed mining activities that has potential to cause direct or indirect disturbance to any the meadow areas. If GGOW nests or nesting behavior is observed, then consultation with CDFW would occur to establish

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 11 appropriate project features and best management practices to avoid or minimize impacts to nesting great grey owls prior to initiation of activities in that area.

Prairie Falcon Falco mexicanus Prairie falcons are raptors that are distributed from annual grasslands to alpine meadows, but are associated primarily with perennial grasslands, savannahs, rangeland, some agricultural fields, and desert scrub areas. This species usually nests in a scrape on a sheltered ledge of a cliff overlooking a large, open area. Foraging behavior includes diving from a perch or from searching flight 15-90 m (50-300 feet) above the ground with rapid pursuit of the prey item. According to the CNDDB, prairie falcons have been documented in the general vicinity of Portola.

No nesting habitat for prairie falcons occurs within the proposed mine area as no rock outcrops are present onsite. Topographic high points (e.g. mountain peaks) in the surrounding area are comprised of weathered granitic outcrops that provide cliffs and ledges for nesting prairie falcons. Surveys have determined that no rock outcrops occur within the proposed mine area. No prairie falcon nesting habitat will be disturbed as a result of the proposed mine operations.

There is potential for prairie falcons to fly overhead while searching for prey in the general area. Because the mine operations will result in a temporary reduction in tree density, the reduced canopy may create additional foraging opportunities for prairie falcons by improving visibility of any ground-dwelling prey items within the mine boundary, such as rodents and reptiles. Prairie falcons may take advantage of this improved foraging habitat when the mine is not in operation. Prairie falcons in flight will likely avoid the project area while the site is operating and will select alternate foraging habitat in the surrounding area. Therefore, impacts to prairie falcons will be less than significant.

American Badger Taxidea taxus American badgers inhabit dry, open stages of shrub-dominant and forest habitats. This species is nocturnally active and preys primarily on fossorial rodents but may opportunistically eat other prey items depending on food availability. The burrowing behavior of American badgers requires that their habitat have deep, friable soils. American badgers are moderately tolerant of human presence; however, trapping and use of poisons within areas of high human activity have caused a reduction in food availability for the species, which has contributed to the overall decline of the species within the native range.

Deep friable soils exist onsite which could support fossorial behavior of American badgers and their prey. According to CNDDB, potentially suitable habitat for American badgers occurs in mosaic throughout the site; however, no recorded occurrences of American badgers have been documented within 5 miles of the proposed mine site. No burrow structures that fit the characteristics of badger burrows (e.g. D-shaped entrance, between five and twelve inches across) were observed onsite during a survey that was conducted in August 2019. No badgers are anticipated to occur within the project area and the project will not impact American badgers.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 12 Sierra Nevada Red Fox Vulpes vulpes necator Sierra Nevada red fox (SNRF) is a subspecies of red fox that occurs in the high elevation montane habitats of the Sierra Nevada and southern Cascade mountains. The species occurs above 7000 feet in elevation in the Sierra Nevada Mountains (CDFW 2019). This species is considered to be the rarest and most endangered red fox subspecies in North America and populations are thought to be extinct from the southern portion of its range in the southern Sierra Nevada Mountains.

According to CNDDB, the SNRF has the potential to occur in the general area surrounding Portola (CNDDB 1954). Due to large home range area of these mammals, the potential for the project site to overlap with a portion of SNRF range is considered in this analysis. The project site does not likely provide habitat for SNRF because the elevation of the project site is below the elevation range of the species (CDFW 2000). Therefore, the project will have no impact on the Sierra Nevada red fox.

Silver-Haired Bat Lasionycteris noctivagans Ecological requirements for bat roosts, including maternity roosts, include an appropriate thermal gradient, shelter from predators, and close proximity to foraging sites near open water. Trees near riparian areas have the potential to meet these requirements; the roost can occur in small hollows or even underneath exfoliating tree bark (Johnston 2004). During the summer when bats are most active and raising their young, they frequently use one roost during the day, where they sleep and keep their young, and another roost at night for resting and digesting food. Day roosts tend to be cryptic and concealed; night roosts are more open and exposed.

Silver-haired bats feed less than 6 meters (20 feet) above forest streams, ponds, and open brushy areas. No water sources that could provide foraging habitat exists onsite; therefore, no foraging habitat will be impacted by the proposed mining activities. The nearest water sources to the proposed mine area is the Feather River, approximately 1.5 miles southeast of the project site, and Grizzly Ice Pond which feeds Grizzly Creek, which are approximately 2.7 miles east of the project area.

The nearest water source to the project area that may provide foraging habitat for bats is the Feather River. Dense stands of conifer trees within the proposed mine area potentially provide day roosting habitat for bats because these water sources are within the potential daily migration distance for silver-haired bats; however, the route between the proposed mine site and the Feather River largely passes through developed areas, including downtown Portola, associated residences, and the regional landfill.

Bats are likely to select higher-quality habitat that occurs in the undisturbed forested areas to the south and the east from the proposed mine site – specifically, along Big Grizzly Creek and the surrounding basin. These areas appear to provide higher-quality habitat as they face less frequent human disturbance and provide greater foraging opportunities with forested corridors due to the presence of numerous ponds.

A primary concern regarding special-status bat species is the avoidance of impacts to maternity roosts, since these occur in large numbers that could include the majority of a bat population.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 13 Therefore, impacts to maternity roosts could have far-reaching impacts to a species overall. Silver-haired bats primarily depend on old growth forests for maternity roosts, but have been documented as forming small maternity roosts in tree crevices and other structures in a variety of forest habitats. Removal of vegetation should occur outside of roosting season (May through August) to avoid direct impacts to any maternity roosts.

The proposed mining activities would result in temporary removal of conifer and hardwood deciduous trees within the proposed mine boundary. Upon reclamation, native tree and shrub species will be planted and maintained in order to meet the currently existing (baseline) forest characteristics. Therefore, potential impacts to bat roosting habitat would be temporary and would last the lifetime of the mine. During the mine operations, bats in the area will likely select alternate roosting habitat in the surrounding the proposed mine site. Impacts to bat species will be less than significant.

Western Bumble Bee Bombus occidentalis The western bumble bee has three basic habitat requirements: suitable nesting sites for the colonies, suitable overwintering sites for the queens, and nectar and pollen from floral resources available throughout spring, summer and fall (Jepson et al. 2014). Nests occur primarily in underground cavities such as old squirrel or other animal nests and in open west-southwest slopes bordered by trees. Queens overwinter in the ground in abandoned rodent nests in the ground and typically emerge about mid-March. The queen then lays fertilized eggs and nurtures a new generation. The workers that emerge will begin foraging and provisioning to accommodate additional recruits to the colony. Individuals emerging from fertilized eggs will become workers that reach peak abundance during July and August. Foraging individuals are largely absent by the end of September.

Historically, the western bumble bee one of the most broadly distributed bumble bee species in North America. Currently, the western bumble bee is experiencing severe declines in distribution and abundance due to a variety of factors including diseases and loss of genetic diversity. Exposure to certain insecticides has recently been identified as another major contributor to the decline of many pollinating bees, including honey bees and bumble bees. In the absence of fire, native conifers encroach upon a meadow, which also decreases foraging and nesting habitat available for bumble bees (Furnish 2012).

Tree removal will result from the proposed mine operations, which will temporarily reconfigure the potential western bumble bee habitat onsite. The three habitat requirements may be uniquely impacted by the proposed mining activities. The first two requirements, suitable nesting sites and suitable overwintering sites for the queens, are not anticipated to be significantly impacted by the mine activities. Burrowing rodents commonly adapt to inhabiting areas with high human disturbance. Therefore, nesting sites will likely be preserved throughout the life of the mine.

The second requirement, proximity to nectar and pollen resources, may be temporarily impacted by the proposed mine activities due to the associated removal of vegetation within the mine area. The mine will be reclaimed throughout the life of the mine, which will minimize the total disturbed area at any given time and will expedite the revegetation onsite where mining has been completed. In subsequent growing seasons, flowering plants in the impacted areas would be

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 14 expected to reoccupy disturbed areas. Therefore, impacts to the western bumble bee will be less than significant.

Plants A habitat assessment was completed on August 12, 2019, to determine the potentially occurring special-status plant species. Habitat types that occur within the proposed mine boundary was identified through consultation with the CWHR accompanied by a pedestrian site survey. Potentially occurring special-status plant species include sticky pyrrocoma (Pyrrocoma lucida), Sierra Valley ivesia (Ivesia aperta var. aperta), lens-pod milk-vetch (Astragalus lentiformis), Plumas ivesia (Ivesia sericoleuca), and Nevada daisy (Erigeron eatonii var. nevadincola).

Protocol-level surveys will be completed prior to ground-disturbing mining activities for each phase of the proposed mining boundary. Surveys will be completed by a qualified botanist and will take place during an appropriate time of year when the plants can be identified to the necessary taxonomic level for accurately identification. If a rare plant is located within an area where mining is proposed, then avoidance or mitigation measures should be implemented to reduce the project impacts to the species.

Migratory Birds Migratory birds may nest in trees and other vegetation located within or in the immediate vicinity of the study area. All raptors and migratory birds, including common species and their nests, are protected from “take” under the California Fish and Game Code, Section 3503, and 3503.5, and federal Migratory Bird Treaty Act. Large trees onsite and in the surrounding forest provide potential nesting habitat for migratory birds. Impacts to migratory birds and raptors would be avoided by implementing measures listed in Section 6.0.

Sloat Deer Herd The Sloat Deer Herd ranges over an area of approximately 1,240 square miles that includes five California counties (Lassen, Plumas, Sierra, Nevada, and Placer) and one Nevada county (Washoe) (DFG 1982). Two distinct sub-units were described in the 1982 DFG Deer Herd Management Plan: the Sierra Valley sub-unit (SVSU) representing the X7a premium deer zone and the Verdi sub-unit (VSU) or X7b.

The herd range is bounded on the north by Highway 70 and extends southwest from Portola over Beckworth Pass, along the crest of the Sierra Nevada south over Donner Pass to the Placer-El Dorado county line near Miller Lake then along McKinney Creek to the west shore of Lake Tahoe. The deer herd migrates between summer ranges primarily in California and winter ranges primarily in Nevada. The proposed mine area is located north of the deer herd migration corridor. No impacts to deer migration will result from the proposed mining activities.

5.2 Rare Natural Communities and Sensitive Habitats

In addition to inventorying reported occurrences of special-status species, the CNDDB serves to inventory the locations of rare natural communities. Communities respond to environmental changes and can be thought of as an indicator of the overall health of an ecosystem and its component species. Rare natural communities are those communities that are of highly limited distribution. They may or may not contain rare, threatened, or endangered species. The

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 15 CNDDB ranks natural communities according to their rarity and endangerment in California. No rare natural communities or sensitive habitats occur within the proposed mining boundary.

An aspen grove approximately 2 acres in size is growing onsite south of the proposed mine area, at roughly 5050 feet in elevation. Although no wildlife species is totally dependent on habitats dominated by aspen, this cover type adds significantly to the plant biodiversity and richness of the wildlife in areas where it occurs. The aspen grove will be designated as a project avoidance area throughout the life of the mine.

5.3 Waters of the United States

No impacts to Waters of the United States (WOTUS) will occur as no WOTUS are present onsite. The USGS National Hydrography Dataset shows an intermittent stream that runs through the currently active 7.5-acre mine (Figure 4). No stream bank or channel was observed at this location during the site survey.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 16 Freshwater Emergent Wetland Freshwater Pond Potential Project Area

Aspen Riverine Approximate Parcel Boundary

Miles FIGURE 4 0 0.25 0.5 1 NATIONAL WETLANDS INVENTORY PORTOLA AGGREGATES SOURCE: USFWS NWI 2020 PLUMAS COUNTY, CALIFORNIA P:\GIS\71305\Portola-Carmichael\Figures\Bio\71305_NWI.mxd 6.0 CONCLUSION/AVOIDANCE AND/OR MITIGATION MEASURES

The potential impacts to locally common wildlife and special-status wildlife and plant species will be less than significant with the incorporation of pre-project surveys and avoidance or mitigation measures listed below.

6.1 Great Gray Owl

Prior to any ground-disturbing activities that are within 440 yards of a natural meadow and totals 10 acres or more and represents a potential territory for great gray owls, a habitat assessment will be completed to identify any trees that provide nesting habitat for GGOW. If potential nesting trees are found, surveys will be completed following recommended GGOW survey protocol.

CDFW recommends that surveys include three complete survey visits between April 10 and June 10 and two complete survey visits between June 10 and August 5. The early-season visits are the most important to accomplish on time, but access problems may delay them. If three visits cannot be completed at high elevations prior to June 10, additional visits can be made after June 10 to count toward the required visits provided they are separated by a minimum of 6 days.

Field visits should be timed according to phases of the nesting period as shown in Table 2 if site access allows.

Table 2 PROPOSED SURVEYS Survey Number Survey Timing Life History Phase 1-2 April 10 to May 10 Courtship 3 May 10 to June 10 Incubation: one complete visit 4 June 10 to July 10 Brooding: one complete visits 5 July 10 to Aug. 5 Post-fledging: one complete visits 6 Aug. 01 to Oct. 15 One meadow search visit, if possible

6.2 Special-Status Plant Species

Potentially occurring special-status plant species include sticky pyrrocoma (Pyrrocoma lucida), Sierra Valley ivesia (Ivesia aperta var. aperta), lens-pod milk-vetch (Astragalus lentiformis), Plumas ivesia (Ivesia sericoleuca), and Nevada daisy (Erigeron eatonii var. nevadincola). Protocol-level surveys will be completed prior to ground-disturbing mining activities for each phase of the proposed mining boundary. Surveys will be completed by a qualified botanist and will take place during an appropriate time of year when the plants can be identified to the necessary taxonomic level for accurately identification. If a rare plant is located within an area where mining is proposed, then avoidance or mitigation measures should be implemented to reduce the project impacts to the species.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 17 6.3 Nesting Migratory Birds

Onsite blasting and tree removal activities will avoid the nesting season (March 1 – August 31) if possible.

Surveys for migratory birds would be conducted by a qualified biologist within a 250-foot radius of the active mine site within seven days prior to any activities that would result in tree removal. If any active nests are observed, these nests and nest trees would be protected (while nests are occupied) during project activities by using buffer zones, monitoring, or delaying activities. The general nesting season for songbirds and raptors is March 1 – August 31.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 18 7.0 REFERENCES

California Department of Fish and Wildlife (CDFW). California Interagency Wildlife Task Group. 2014. CWHR version 9.0 personal computer program. Sacramento, CA.

Calflora. Information on California plants for education, research and conservation, with data contributed by public and private institutions and individuals, including the Consortium of California Herbaria. [web application]. 2019. Berkeley, California. (Accessed: Aug 08, 2019).

California Native Plant Society. 2015. Inventory of rare and endangered plants (online edition, v8- 02). California Native Plant Society, Sacramento, CA. http://www.rareplants.cnps.org/ (accessed August 2015).

DeBecker, S. and A. Sweet. 1988. Crosswalk between WHR and California vegetation classifications. Pages 21-39 in: K.E. Mayer, and W.F. Laudenslayer, eds. 1988. A Guide to Wildlife Habitats of California. State of California, The Resources Agency, Department of Forestry and Fire Protection, Sacramento, California.

Harris, J. 2005. Silver Haired Bat Distribution, Abundance, and Seasonality. California Department of Fish and Wildlife, California Wildlife Habitat Relationships System. Accessed August 7, 2019.

Jepsen, S., S.F. Jordan, and R. Huff. . 2014. Species fact sheet: Western bumblebee (Bombus occidentalis). 6 pp.

Johnston, Dave. Tatarian, Greg. Pierson, Elizabeth. Trapp, Gene. 2004. California Bat Mitigation Techniques, Solutions, and Effectiveness. Published December 29, 2004. HT Harvey & Associates.

Shuford, W. D., and Gardali, T., editors. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Studies of Western Birds 1. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento. Accessed on July 17 and July 24, 2019.

Squires, John R.; Reynolds, Richard T. 1997. Northern goshawk (Accipiter gentilis), [Online]. Issue No. 298. In: Poole, A., ed. The birds of North America Online. Ithaca, NY: Cornell Lab of Ornithology (Producer). http://bna.birds.cornell.edu/bna/species/298

U.S. Fish and Wildlife Service (USFWS). 1991. The distribution, habitat, and status of the valley elderberry longhorn beetle. U.S. Fish and Wildlife Service.

U.S. Forest Service (USFS). 1988. Plumas National Forest Land and Resource Management Plan. USFS Pacific Southwest Region. Pp. 4-334 to 4-335.

Beck, Thomas. Winter, Jon. May 2000. “Survey Protocol for the Great Gray Owl in the Sierra Nevada of California”. USDA Forest Service Pacific Southwest Region. Vallejo, CA.

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Portola Pit_Bio Assessment June 2020.docx 19

Appendix A Site Photographs

Photo 1. Eastside Pine Habitat with Manzanita Understory Photo 2. Eastside Pine Habitat with Sagebrush Understory

Photo 3. Annual Grassland in Upper Elevations on site Photo 4. Annual Grassland at Lower Elevations on site

P:\Projects\2013\71305 Hat Creek Construction\Portola Pit at Carmichael Trust Property\Biological Assessment\Appendix A_Site Photographs.docx

Photo 5. Barren Habitat (Currently Operating Surface Mine) Photo 6. Sandy soils

Photo 7. Gravelly soils Photo 8. Rock Outcrop

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Appendix B U.S. Fish & Wildlife Service Species List (June 2020)

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 95825-1846 Phone: (916) 414-6600 Fax: (916) 414-6713

In Reply Refer To: June 15, 2020 Consultation Code: 08ESMF00-2020-SLI-0368 Event Code: 08ESMF00-2020-E-06700 Project Name: Portola Pit

Subject: Updated 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. 06/15/2020 Event Code: 08ESMF00-2020-E-06700 2

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.

06/15/2020 Event Code: 08ESMF00-2020-E-06700 3

Attachment(s):

▪ Official Species List

06/15/2020 Event Code: 08ESMF00-2020-E-06700 1

Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action".

This species list is provided by:

Sacramento Fish And Wildlife Office Federal Building 2800 Cottage Way, Room W-2605 Sacramento, CA 95825-1846 (916) 414-6600

06/15/2020 Event Code: 08ESMF00-2020-E-06700 2

Project Summary Consultation Code: 08ESMF00-2020-SLI-0368

Event Code: 08ESMF00-2020-E-06700

Project Name: Portola Pit

Project Type: MINING

Project Description: 100 acre surface mine site

Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/39.82585792149899N120.45206190421987W

Counties: Plumas, CA

06/15/2020 Event Code: 08ESMF00-2020-E-06700 3

Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this 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.

IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce.

See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions.

1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce.

Birds NAME STATUS Yellow-billed Cuckoo Coccyzus americanus Threatened Population: Western U.S. DPS There is proposed critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/3911

Amphibians NAME STATUS Sierra Nevada Yellow-legged Frog Rana sierrae Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/9529

Fishes NAME STATUS Delta Smelt Hypomesus transpacificus Threatened There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/321

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Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.