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CVP O&M Biological Opinion

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CVP O&M Biological Opinion '-"S, .'IS" ... W'LI)I.II~.: s",n"l('F. nited States Department of the Interior FISH AND WILDLIFE SERVICE Sacramento Fish and Wildlife Office '. " 2800 Cottage Way, Room W~2605 ~ Sacramento, California 95825-1846 IN REPLY REFER TO: 1-1-04-F-0368 fIB 17 200S Memorandum To: Area Office Manager, South Central California Area Office, Bureau of Reclamation, Fresno, California From: Acting Field ~upervis~ S~mentoI1sh and Wildlife Office, Sacramento, California \lQ.A.u.M ~ Subject: Formal Endangered Species Consultation on the Operations and Maintenance Program Occurring on Bureau ofReclamation Lands within the South-Central California Area Office This is in response to your May 5, 2004, request for reinitiating formal consultation with the U,S. Fish and Wildlife Service (Service) on the Operations and Maintenance (O&M) occurring on CVP facilities on Bureau of Reclamation lands within the South-Central California Area Office (SCCAO) in San Joaquin, Stanislaus, Merced, Madera, Fresno, Santa Clara, San Benito and Contra Costa Counties, California. Your request was received in our office on August 27, 2003. This document represents the Service's biological opinion on the effects of the proposed action on the California tiger salamander (Ambystoma californiense), vernal pool fairy shrimp (Branchinecta lynchi), valley elderberry longhorn beetle (Desmocerus californicus dimorphus), blunt-nosed leopard lizard (Gambelia sila), vernal pool tadpole shrimp (Lepidurus packardi), San Joaquin wooly-threads (Monolopia congdonii), California red-legged frog (Rana aurora draytonii), giant garter snake (Thamnophis gigas), San Joaquin kit fox (Vulpes macrotis mutica); and our conference opinion on the effects of the proposed action on proposed critical habitat for the California red-legged frog and California tiger salamander, in accordance with section 7 of the Endangered Species Act of 1973, as amended (Act). Service has concurred with Reclamation that the proposed action is not likely to adversely affect the Conservancy fairy shrimp (Branchinecta conservatio), longhorn fairy shrimp (Branchinecta longiantenna), succulent owl's clover (Castilleja campestris var. succulentus) and its designated critical habitat, Hoover's spurge (Chamaesyce hooveri) and its designated critical habitat, giant kangaroo rat (Dipodomys ingens), California condor (Gymnogyps californianus), bald eagle (Haliaeetus leucocephalus), delta smelt (Hypomesus transpacificus), San Joaquin adobe sunburst (Pseudobahia peirsonii), California clapper rail (Rallus !ongirostris obsoletus), salt-marsh harvest Area Office Manager 2 Greene's tuctoria (Tuctoria greene i) and its critical habitat, San Joaquin Valley Orcutt grass (Orcuttia inaequalis) and its designated critical habitat, and designated critical habitat for the vernal pool fairy shrimp and vernal pool tadpole shrimp. Service understands that the proposed action has been determined by Reclamation to have no effect on the large-flowered fiddleneck (Amsinckia grandiflora), Lange's metalmark butterfly (Apodemia mormo langei), Aleutian Canada goose (Branta canadensis leucopareia), California jewelflower (Caulanthus californicus), soft bird's­ beak (Cordylanthus moWs ssp. mollis), palmate-bracted bird's-beak (Cordylanthus palmatus), Fresno kangaroo rat (Dipodomys nitratoides exilis), Contra Costa wallflower (Erysimum capitatum ssp. angus/alum), Bay checkerspot butterfly (Euphydryas editha bayensis), Contra Costa goldfields (Lasthenia conjugens), Alameda whipsnake (Masticophis lateralis euryxanthus), riparian (=San Joaquin Valley) woodrat (Neotoma fuscipes riparia), Antioch Dunes evening-primrose (Oenothera deltoides ssp. howellii), Bakersfield cactus (Opuntia basi/aris val. lreleasei), hairy Orcutt grass (Orcuttia pilosa), Hartweg's golden sunburst (Pseudobahia bahiifolia), Keck's checkerbloom (Sidalcea keckii), riparian brush rabbit (Sylvilagus bachmani riparius), and designated critical habitat for large-flowered fiddleneck, valley elderberry longhorn beetle, Fresno kangaroo rat, Contra Costa goldfields, Antioch Dunes evening primrose, and hairy Orcutt grass. This biological and conference opinion addresses the effects of the continued routine operations and maintenance of the SCCAO for a period of 25 years. The Bureau of Reclamation (Reclamation) has developed the SCCAO Operation and Maintenance Plan (SCCAO O&M Plan) as a requirement of the Service's Biological Opinion on Implementation ofthe CVP IA and Continued Operation and Maintenance ofthe Central Valley Project (November, 2000, File Number 1-1-01-1-0311 - Service 2000). The SCCAO O&M Plan primarily consists of three documents: 1) the March 24, 2004, Operations and Maintenance Plan, which addresses the maintenance and operations activities; 2) the Integrated Pest Management Plan, which provides guidance for techniques used to control weeds and other pests on Reclamation land in and around SCCAO Central Valley Project (CVP) lands and facilities; and 3) the SCCAO Field Operations Manual, which is intended as a "guide" to be used in the field when conducting routine operations and maintenance activities by maintenance and resource staff. Procedures contained in these documents will be followed by all Reclamation employees, entities contracted to operate and maintain Reclamation facilities, and all parties that hold leases to Reclamation lands. Potential impacts of larger construction projects will be addressed by a separate environmental review. The findings and recommendations in this consultation are based on: (1) the April 29, 2004, O&M Plan for CVP Lands and Facilities Administered by U.S. Bureau of Reclamation South-Central California Area Office; (2) the August 2003, Field Operations Manual for the Protection ofEndangered Species, Vehicle Version; and (3) various electronic messages between Reclamation and the Service. A complete Area Office Manager 3 administrative record of this consultation is on file in the Sacramento Fish & Wildlife Service Office (SFWO). SFWO is the lead office for the U.S. Fish & Wildlife Service for all the species upon which Reclamation is consulting, as well as the office that issued the biological opinion on implementation of the Central Valley Project Improvement Act. This office is therefore the appropriate office for consultation for this project. It should be noted, however, that the Ventura office of the Fish & Wildlife Service is the office with regulatory responsibility for some of the counties in which SCCAO's CVP facilities are located (i.e. San Benito County). Consultation History Consultation between Reclamation and Service is summarized below. • October 15, 1991 - Friant Water Contract Renewals (1-1-91-F-22), San Joaquin kit fox, blunt-nosed leopard lizard, Fresno kangaroo rat, and other species (amended May 14, 1992, appended to 1-1-95-F-39 on February 27, 1998). • February 12, 1993 - Long Term Operations Criteria and Plan for CVP Reservoirs (1-1­ 93-F-I0), bald eagle, salt marsh harvest mouse, California clapper rail. • May 23, 1993 - Operations Criteria and Plan (1-1-93-F-32), delta smelt. • February 4, 1994 - 1994 Operations Criteria and Plan (1-1-94-F -2), delta smelt. • December 27, 1994 - Interim Water Contract Renewal (1-1-94-69), San Joaquin kit fox, large-flowered fiddleneck, giant garter snake, vernal pool fairy shrimp, other species. • February 23, 1995 - Amendment of December 27, 1994 Interim Water Contract Renewal Opinion to include critical needs planning (1-1-95-F-39). • February 27, 1995 - Interim renewal of 67 water contracts of the CVP. • March 6, 1995 - Long-term Operations Criteria and Plan (1-1-94-F -70), delta smelt, delta smelt critical habitat, Sacramento splittail (amended April 26, 1995 (1-1-95-1-804). • April 26, 1996 - Temporary Barriers (1-1-96-F-53), delta smelt and delta smelt critical habitat. • January 20, 1998 - Interim Water Contract Renewal Opinion amendment (1-1-98-1-383), San Joaquin kit fox, large-flowered fiddleneck, giant garter snake, vernal pool fairy shrimp, other species. • February 27, 1998 - Re-initiation of Formal Endangered Species Consultation on the Supplemental Interim Renewal of Central Valley Project Water Contracts to include 14 Friant Water Contracts (1-1-98-1-595), San Joaquin kit fox, blunt-nosed leopard lizard, Fresno kangaroo rat, and other species. • February 29, 2000-Interim Biological Opinion (1-1-F-0056), several species. Area Office Manager 4 • March 24, 2000-California Toxics Rule (1-1-98-F -21), several species. • January 19,2001 - Friant Division and Cross Valley Canal Unit Contracts (Friant-Cross Valley Opinion, Service File No. 1-1-01-F-0027) • February 28, 2001- Memo 1-1-01-1-1211 extends the BO dated February 29,2000. Some of the interim contracts are covered under Friant/Cross Valley BO dated January 20, 2001. • September 27, 200 I-Grasslands Bypass Project BO. • November 21, 2000-Implementation of the CVPIA and Continued Operation and Maintenance of the CVP, Programmatic Consultation (1-1-98-F-0124). (Mother) • December 14, 2001-Interim Renewal Contract Consultation 2002-2004, CVP, Supplemental Information. • April 11, 2003-Informal Section 7 Consultation on Multiple Categories of Temporary Water Service Actions for CVP Water Service Contractors Occurring Under the Authority ofReclamation, for Water Years 2002-2005; Two-Year Concurrence for Water Years 2003-2004 (1-1-03-1-1689). • September 5, 2003 A memorandum from the U.S. Bureau of Reclamation's (Reclamation) South Central California Area Office (SCCAO) requesting formal consultation • October 9, 2003
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