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Trifolium Stoloniferum) Under Section 7 of the Endangered Species Act (Act) of 1973, As Amended (16 U.S.C

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Trifolium Stoloniferum) Under Section 7 of the Endangered Species Act (Act) of 1973, As Amended (16 U.S.C United States Department of the Interior FISH AND WILDLIFE SERVICE Kentucky Ecological Services Field Office 330 West Broadway, Suite 265 Frankfort, Kentucky 40601 (502) 695-0468 April 13, 2015 Dr. Patti Grace-Jarrett Louisville District Corps of Engineers CELRL-OP-FS, Room 752 P.O. Box 59 Louisville, Kentucky 40201-0059 Subject: FWS #04EK1000-2013-B-0042; Final Biological Opinion for the KDFWR's Roger's Gap Stream Restoration Project (LRL-2012-134) in Scott County, Kentucky and Its Effects to the Federally Threatened Running Buffalo Clover (Trifblium stoloniferum) Dear Dr. Grace-Jarrett: This document is the U.S. Fish and Wildlife Service's (USFWS) biological opinion based on our review of the Kentucky Department of Fish and Wildlife Resources' (KDFWR) Roger's Gap Stream Restoration Project in Scott County, Kentucky and its effects to the federally threatened running buffalo clover (Trifolium stoloniferum) under section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Your request for formal consultation was received on December 30, 2014. This formal consultation and biological opinion is based on information provided in the November 2014 Biological Assessment (BA), additional information provided by KDFWR, peer-reviewed scientific literature, other available literature, personal communications with experts on running buffalo clover who have first-hand experience with the proposed project area, and other sources of information available to us and/or in our files. A complete administrative record of this consultation is on file at the Kentucky Ecological Services Field Office (KFO) in Frankfort, Kentucky. The KFO appreciates the cooperation of the Corps and KDFWR during this consultation. For further coordination on this biological opinion, please contact Jennifer Garland at the address shown at the top of this biological opinion, via email at Jennifer [email protected] , or at 502/695-0468 extension 115. Sincerely, -•‘ /61 Virgil Lee Andrews, Jr. Field Supervisor The U.S. Fish and Wildlife Service Kentucky Ecological Services Field Office's Final Biological Opinion on the Effects of the Roger's Gap Stream Restoration Project in Scott County, KY on Running Buffalo Clover (Trifolium stoloniferum) Jennifer M. Garland 4/13/2015 FWS# 04EK1000-2013-F-0092 Introduction The KFO has reviewed the on-going Roger's Gap Stream Restoration Project. The federally endangered Indiana bat (Myotis sodalis), federally threatened endangered northern long-eared bat (Myotis septentrionalis) and running buffalo (Trifolium stoloniferum) are the only federally listed species identified as occurring within the vicinity of the proposed project area and action area. Based on an evaluation of the information provided in an earlier BA for this project, the KFO has concurred with a "not likely to adversely affect" determination for the Indiana bat and the northern long-eared bat. Due to the concurrences we have already provided on these species, the Indiana bat and northern long-eared bat will not be discussed further in this biological opinion. The KFO believes that running buffalo clover is the only federally listed species that the proposed project would likely adversely affect. This document represents our biological opinion on the effects of the action on running buffalo clover in accordance with Section 7 of the Act. Consultation History October 25, 2012 The U.S. Army Corps of Engineers, Louisville District (Corps) and KDFWR request concurrence with not Likely to Adversely Affect (NLAA) determinations on Indiana bat, gray bat, clubshell mussel, and running buffalo clover. November 1, 2012 The KFO concurs with all determinations. July 2013 The KDFWR notifies the KFO that additional running buffalo clover patches were discovered within the action area and that an Indiana bat maternity colony has been documented using the action area. August 1, 2013 The KFO sends a letter to the USACE requesting that consultation be re-initiated based on this new information. September 20, 2013 The Corps and KDFWR re-initiate consultation for the Indiana bat and running buffalo clover and the northern long-eared bat is added to the BA. October 29, 2013 The KFO concurs with the NLAA determinations for the Indiana bat, northern long-eared bat, and running buffalo clover. June 2014 The KDFWR notifies the KFO that additional running buffalo clover patches have been discovered within the project site. December 30, 2014 The KFO receives the final BA and request to enter into formal consultation on running buffalo clover from the Corps. 2 January 13, 2015 The KFO notifies the Corps that the submitted BA contains sufficient information to initiate formal consultation, and formal consultation is initiated. February 2015 Email exchange between KFO and KDFWR clarifying conservation measures. February 23, 2015 The KFO provides a draft biological opinion to the Corps and KDFWR for review. March 3, 2015 The KFO receives comments from the Corps. April 3, 2015 The KDFWR provides additional information needed to address Corps comments. April 13, 2015 The KFO issues the final Biological Opinion for the Roger's Gap Stream Restoration Project. 3 BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION As defined in the USFWS's section 7 regulations (50 CFR 402.02), "action" means "all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by federal agencies in the United States or upon the high seas." The "action area" (project area) is defined as "all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action." The direct and indirect effects of the actions and activities must be considered in conjunction with the effects of other past and present federal, state, or private activities, as well as the cumulative effects of reasonably certain future state or private activities within the action area. This biological opinion addresses only those actions for which the KFO believes adverse effects may occur. Action Area For the purposes of this biological opinion, the KFO has determined the proposed action area to include the 1,310 acres of land under permanent deed restrictions (see Appendix A), which includes all construction and herbicide treatment areas plus a 50-foot buffer (total of 200 feet on each side of the streams). Legend - Property Boundar i - Identified Streams 200Ft Deed Restricted Area 4 Proposed Action The Corps issued a Clean Water Act Section 404 Department of the Army Permit for the KDFWR Rogers Gap Stream Restoration Project on December 4, 2013. As a condition of the permit, the applicant was required to conduct a survey for running buffalo clover each year, beginning in 2014, in any portions of the construction area that had not yet been disturbed. Surveys in 2014 documented previously unknown patches of running buffalo clover within unconstructed portions of the project, which has resulted in the re- initiation of section 7 consultation for this project. A total of eight patches of running buffalo clover have been documented on the site, with seven of these patches occurring within the action area. Stream Restoration The KDFWR is using stream mitigation in-lieu fees to restore and preserve ephemeral, intermittent, and perennial stream types on the Roger's Gap Mitigation Site, which is located within the Veteran's Memorial Wildlife Management Area (WMA). Construction activities occur at only one location on the property at any given time, while other areas remain undisturbed. The disturbed areas are completed and seeded prior to moving to the next area. Construction activities commenced in late fall of 2013 and are expected to be completed in late spring/early summer 2015, with final tree planting occurring shortly after. Riparian Enhancement Disturbed areas within the riparian buffer will be planted with tree and shrub species that are associated with running buffalo clover, as identified in the approved Mitigation Plan. Additionally, management of the riparian zones to control exotic species will occur throughout the five-year monitoring period. A ten-foot buffer will be maintained around all known patches for herbicide treatments meant to control herbaceous invasive plants, and three feet around woody invasive plants. Hand removal of invasive species will occur within these buffers. Monitoring Monitoring of identified running buffalo clover populations will be included in the five- year monitoring effort (2016-2020). Each identified population will be visited annually, preferably when the plants are flowering, typically May-June. During the visit, the 50- foot buffers around each patch will be re-flagged, if necessary, and spatial measurements of the rooted crowns and photos will be taken. The information will be included in the annual monitoring report. If notable decline is observed from year-to-year during the five-year monitoring period, the KDFWR will work with the KFO to re-establish (with seed or plants) affected patches, as needed. Long-term Management The current disturbance regimes on the site are anticipated to remain unchanged. Prior to land acquisition by KDFWR, the site was used for hunting, with mostly foot travel on the site, some ATV use, and small areas of agriculture for wildlife food plots. The limited ATV use prior to acquisition was mainly on upland roads and trails, not in stream corridors where the RBC populations were detected. After acquisition by KDFWR, the primary existing land use (hunting) has not changed, though ATV use has been restricted 5 within the deed restricted area. However, ATV use is not a factor in creating periodic disturbance regimes that running buffalo clover prefers. Instead, the disturbance factors primarily include stream scour on the floodplain, and wildlife trails. Therefore, disturbance regimes across the site which may affect running buffalo clover are not likely to change. Additionally, some identified populations (e.g. patches 4 & 5) are located in the bank of the creek channel; therefore, disturbance via scour is present.
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