Environmental United States Department of Agriculture Assessment

Forest Resort Accommodation for Service RV Vehicles July 2009 Crescent Ranger District Deschutes National Forest,

Klamath County,

Township 24S, Range 6E, Section 13 Willamette Meridian

Contact: Responsible Official: Chris Mickle Holly Jewkes Crescent Ranger District District Ranger P.O. Box 208 Crescent Ranger Dsitrict, Crescent, OR P.O. Box 208 (541) 433-3200 Crescent, OR [email protected]

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Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles

TABLE OF CONTENTS

Table of Contents...... 1 Summary ...... 2 Introduction...... 5 Document Structure ...... 5 Background...... 5 Purpose and Need for Action...... 6 Proposed Action...... 6 Decision Framework...... 9 Public Involvement ...... 9 Issues...... 10 Alternatives, including the Proposed Action...... 11 Project Design Features ...... 11 Alternatives Considered in Detail...... 12 Alternative A - No Action...... 12 Alternative B - The Proposed Action...... 12 Environmental Consequences...... 14 Cultural Resources...... 14 Scenic Quality...... 15 Recreation…………………………………………………………………………………16 Wildlife ...... 17 Management Indicator Species (MIS) ...... 17 Rare and Uncommon Species ...... 21 Birds of Conservation Concern (BCC)...... 24 Threatened, Endangered, and Sensitive Species...... 27 Botany and Invasive Plants...... 40 Soil Quality ...... 41 Consistencies...... 41 Other Disclosures...... 42 Consultation and Coordination ...... 43

1 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles

SUMMARY

The purpose of this analysis is to evaluate whether to add 4.6 acres to the Crescent Lake Resort Special Use Permit boundary and to authorize construction of an RV Campground.

Crescent Lake is a found on the eastern slope of the Cascade Mountains, in the northwest corner of Klamath County, Oregon. It is located within the Crescent Ranger District, as well as the Deschutes National Forest. The area has many trails for hiking, horseback riding, mountain biking, and areas for off-road vehicles which are currently being analyzed for a designated trail system. With multiple campsites and a few boat ramps, camping, fishing, and water sports are probably the most popular activities in the summer months. Close proximity to Ski area, groomed cross country ski and snowmobile trails, along with backcountry experiences provide winter sports opportunities. The Crescent Lake Lodge and Resort was constructed in 1927, is the sole resort on the lake at the NE corner and is open year ‘round. The proposed Crescent Lake RV campground will be constructed and operated by Crescent Lake Resort under permit with the Deschutes National Forest.

The unincorporated community of Crescent Lake Junction on Highway 58 and Crescent Lake State Airport are located 2.5 miles (4.0 km) to the northeast of the lake. Currently, this is the closest opportunity for RV vehicles to hook up to electrical power and water and stay for an extended amount of time.

The campgrounds that surround the lake provide camping experiences ranging from primitive to more developed. RVs can use any of the campgrounds spaces that are large enough to accommodate their size; however they have to be self-contained and can only stay for 14 days.

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Deschutes National Forest

Crescent Ranger District

!9

Crescent Lake Resort

Davis Lake

Odell Lake

6

4

60

!9 61

Crescent Lake

Summit Lake

5 8

Figure 1. Crescent Lake Vicinity Map

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Figure 2. Crescent Lake Site Locator Map.

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INTRODUCTION Document Structure ______The Forest Service has prepared this Environmental Assessment in compliance with the National Environmental Policy Act (NEPA) and other relevant Federal and State laws and regulations. This Environmental Assessment discloses the direct, indirect, and cumulative environmental impacts that would result from the proposed action and alternatives. The document is organized into four parts:  Introduction: The section includes information on the history of the project proposal, the purpose of and need for the project, and the agency’s proposal for achieving that purpose and need. This section also details how the Forest Service informed the public of the proposal and how the public responded.

 Comparison of Alternatives, including the Proposed Action: This section provides a more detailed description of the agency’s proposed action as well as alternative methods for achieving the stated purpose. These alternatives were developed based on issues raised by other agencies, other users, and the public.

 Environmental Consequences: This section describes the environmental effects of implementing the proposed action and other alternatives. This analysis is organized by resource area. Within each section, the affected environment is described first, followed by the effects of the No Action Alternative that provides a baseline for evaluation and comparison of the other alternative that follows.

 Agencies and Persons Consulted: This section provides a list of preparers as well as agencies and individuals or businesses consulted during the development of the environmental assessment.

Additional documentation, including more detailed analyses of project-area resources, may be found in the project planning record located at the Crescent Ranger District Office in Crescent, Oregon. Background ______There are approximately 163 defined camping sites around Crescent Lake ranging from tent camping to group sites which accommodate up to 40 people. Sites consist of a picnic table, fire pit, bathrooms, garbage containers, defined vehicle parking and community water sources. These amenities are offered at Crescent Lake, Whitefish Horse Camp, Spring, Windy, Contorta Point, and Simax Group campgrounds. Crescent Lake Resort is currently permitted for operations over 7.5 acres. It includes 17 guest cabins, employee housing, a restaurant and bar, a small store for incidentals and tackle shop, boat rentals mainly for fishing, a marina with moorage, a dock and boat ramp. The project area is located on the Crescent Ranger District in the area adjacent to the Crescent Lake Resort which is located off Forest Road 6015-115 spur. The legal location is Township 24S, Range 6E, Section 13, Willamette Meridian. The Crescent Lake Resort is within the Administratively Withdrawn allocation of the Deschutes National Forest Plan as amended by the Northwest Forest Plan, with an underlying direction for Intensive Recreation. The Standard and Guideline that best applies to the proposal reads:

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M11-7: The private sector may be encouraged to participate in campground construction and operation. This includes the construction and operation of some new campgrounds…Existing resorts operating under special use permits will also be encouraged to provide a share of the new camping facilities where possible. Purpose and Need for Action______The purpose of this initiative is to evaluate whether to authorize construction of a RV campground at Crescent Lake Resort and whether to expand the Resort’s Special Use Permit boundary.

This action is needed because currently, the Crescent Lake area has multiple campgrounds and one resort that provide overnight camping experiences that range in settings and amenities from “relatively primitive” to “developed” adjacent to the lake. Over the years, the Crescent Ranger District has received requests to offer additional developed camping opportunities in the form of a recreational vehicle campground that provides water and electric hookups proximate to the lake. The Crescent Lake Resort has the infrastructure in place to accommodate this type of camping experience. Proposed Action ______The action proposed is to add 4.6 acres to the Crescent Lake Resort Special Use Permit boundary and to authorize construction of an RV campground. The campground would be located north of the existing permit boundary, approximately 1,000 feet from the shoreline. It would include a maximum of 25 sites with graveled pads and each site would measure 20 feet wide by 60 feet long to accommodate larger vehicles. Power and water will be available at each site and would tie into existing sources. Portable septic service would be offered on demand; however no permanent facilities would be installed. The park would be designed to retain all large trees, however approximately 50-100 (8 inches or less in diameter) would need to be removed. Pathways to the resort facilities and between sites would be constructed in order to direct use and minimize loss of vegetation.

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Figure 3. Proposed Campground Location

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Figure 4. Crescent Lake Resort RV Campground Site

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Figure 5. Crescent Lake RV Campground Site

Decision Framework ______Given the purpose and need, the District Ranger at Crescent Ranger District (the deciding official) reviews the proposed action and the other alternatives in order to decide: 1. Whether to authorize an increase in the Special Use Permit area boundary for the Crescent Lake Resort; 2. Whether to authorize construct of the RV Campground; and 3. Which Project Design Features or mitigation measures may apply to the project. Public Involvement ______The proposal for an RV Campground at Crescent Lake has been proposed in the Schedule of Projects since early winter of 2005. It also appeared in The Bulletin, the local paper of record, in June of 2009. A scoping letter to inform those interested was mailed on June 19th, 2009. There were six responses that were in favor of the proposal. They feel currently, opportunities for this kind of developed recreation experience are lacking, and the Crescent Lake Resort is the best place to offer this experience.

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The RV campground would not be near those camping in a campground, and noise distractions from generators would not likely occur. Electrical service is provided for each park space. Also, septic service would only be provided on demand from portable companies. No onsite facilities are part of the proposal.

One respondent believes the campgrounds at Crescent Lake are underutilized and was concerned with the expenditure of funds on the new campground.

One respondent, in addition to similar comments raised regarding low campground occupancy, believes the development would over develop the Crescent Lake area and affect wilderness values. They also feel the money could be better spent improving access to the trails at Summit Lake. The proposed RV Campground would be constructed and operated by the Crescent Lake Resort, a private entity, and expenditures by the Forest Service are limited to the cost of planning and administration of the Special Use Permit under which the Resort operates.

Consultation has occurred with the State Historic Preservation Office (SHPO), the Klamath Indian Tribes of Oregon, the Burns-Paiute Tribe and the Confederated Tribes of the Warms Springs Reservation. Issues ______Using the comments from the public, other agencies, and site users, the interdisciplinary team determined there were no key issues that would lead to development of additional alternatives to be considered in detail. Other issues such as the potential for introduction of invasive plant species are addressed in the Environmental Consequences section of this document.

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ALTERNATIVES, INCLUDING THE PROPOSED ACTION

This chapter describes and compares the alternatives considered for the Crescent Lake Resort Accommodation RV Vehicles Site project to display management options that respond to the purpose and need described in the previous section. Alternative A, the “no action” alternative, is developed as a baseline to display consequences of a status quo scenario. Project Design Features ______The following features are incorporated into the design of all activities included in the Crescent Lake Resort Accommodation RV Site proposal. These are features that are considered routine, have been used on similar projects, and are either incorporated into contract provisions or accomplished between appropriate resource specialists, and have proven to be effective. Project Design Features are used as a basis for determining and disclosing effects in the Environmental Consequences discussions. The following are incorporated into this project:

Cultural Resources If, prior to, or during construction work, items of archeological or historical value are reported or discovered, or an unknown deposit of such items is disturbed, the permit holder would immediately cease activities in the area so affected. The permit holder would notify the Forest Service Special Use Permit Administrator and would not resume construction until written authorization would be given.

Soils Where soil disturbance would occur during construction, erosion control measures would be taken in the form of silt fencing. All material brought in from outside the construction area would have to be certified as clean and weed-free.

Scenic Quality Existing vegetation to provide screening would be retained as much as possible. Where practical, all materials used to define spaces, provide walkways and support for the electrical and water service would be constructed with native and non-reflective materials that blend into the surrounding landscape.

Invasive Plants This project would adhere to the Standards and Guidelines outlined by Forest Direction in the Region 06 Invasive Plant Record of Decision and Final Environmental Impact Statement. Materials used for access into the site and defining spaces would be from a certified weed-free source. Also, all equipment used in the construction would be required to be clean and weed-free.

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Alternatives Considered in Detail ______

Alternative A - No Action As required by the National Environmental Policy Act (NEPA), the No Action alternative forms a basis for describing and comparing the effects of the proposed action. Under the No Action alternative, current management plans would continue to guide management of the project area.

Alternative B - The Proposed Action Alternative B would expand the Special Use Permit are boundary by 4.6 acres and issue an up-dated special-use permit to authorize the construction of an RV campground. The campground would be located north of the existing permit boundary, approximately 1,000 feet from the shoreline. It would include a maximum of 25 sites with graveled pads and each site would measure 20 feet wide by 60 feet long to accommodate larger vehicles. Power and water will be available at each site and would tie into existing sources. Portable septic service would be offered on demand; however no permanent facilities would be installed. The campground would be designed to retain all large trees, however approximately 50-100 (8 inches or less in diameter) would need to be removed. Pathways to the resort facilities and between sites would be constructed in order to direct use and minimize loss of vegetation.

SITE ACCESS AND ROAD IMPROVEMENTS: Site access would involve the construction of a loop road approximately 1000 feet long by 20 feet wide. The RV sites themselves would be 20 feet wide by 60 feet long. The proposed road surface and RV site spots would consist of gravel over a compacted top-surface. The entire access would be permanent and may be paved in the future.

UTILITIES: All utilities would be buried in the roadbed a minimum of 2 feet deep.

Electrical: Electric service would start at a junction box at the edge of the project area branching to each pad from the loop road (approximately 300 feet).

Water: A water main would branch from an existing line at the resort shop to reach the loop road (approximately 400 feet).

EQUIPMENT AND STAGING: Equipment necessary for construction of the road and RV pads would include a track hoe, bull dozer and dump trucks and would be staged on hardened, previously disturbed surfaces.

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Figure 6. Crescent Lake RV Campground Site Plan

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ENVIRONMENTAL CONSEQUENCES

This section summarizes the physical, biological, social and economic environments of the affected project area and the potential changes to those environments due to implementation of the alternatives. Cultural Resources ______Management Direction Management direction for the cultural resources is found in the Deschutes National Forest Resource Management Plan, in the Forest Service Manual section 2360, in Federal Regulations 36CR64 and 36CFR800 (amended December 2000), and in various Federal laws including the National Historic Preservation Act (NHPA) of 1966 (as amended), the National Environmental Policy Act and the National Forest Management Act.

In general, the existing management direction is to determine the effects on cultural resources when considering projects that fall within the Forest’s jurisdiction. Further direction indicates that the Forest will determine what cultural resources are present on the forest, evaluate each resource for eligibility to the National Register of Historic Places (National Register), and protect or mitigate effects to resources that are eligible. Relevant Forest Plan Standards and Guides include:  CR-2, which states that cultural resource properties located during inventory will be evaluated for eligibility to the National Register.  CR-3, which states that in concert with inventories and evaluations, the Forest will develop thematic National Register nominations and management plans for various classes of cultural resources.  CR-4, indicates that the project level inventories or intent to conduct such shall be documented through environmental analysis for the project.

The Crescent Lake prehistoric site is in the vicinity of the resort and is eligible for listing on the National Register of Historic Places. A finding of No Adverse Effect was made by the Forest Service for the project in October 2008 under the terms of the 2003 Programmatic Agreement (PA) for national forests in Oregon. This meant that there may be an effect on the eligible characteristics of the site from the proposed project. A treatment plan involving project design criteria and project monitoring was developed in consultation with SHPO and the Klamath Tribes to mitigate the potential adverse effects to the site. Concurrence from SHPO was received in November 2008.

Due to the sensitive nature of cultural resources, site specific documentation can be found on file at the Crescent Ranger District.

Consultation Tribal consultation for the Crescent Lake Resort Accommodation for RV project was initiated on July 23, 2008. The Forest Service initiated government to government contact with the Tribal Chairs and Cultural Resource staffs of the Burns-Paiute, Klamath and Confederated Tribes of Warm Springs. The Klamath Tribes Resource Protection staff responded and a meeting was arranged for an on-site field visit in September 2008 to discuss the project, testing results, monitoring plan and project design criteria.

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Scenic Quality ______The Deschutes LRMP designates the Visual Quality Objective (VQO) as “Modification” for Crescent Lake Resort Accommodation for RV Vehicles where human activities may dominate the characteristic landscape. These activities must also utilize naturally established form line, color, and texture. M9-1 New recreational developments and changes to existing developments are permitted as long as they are consistent with the desired visual condition…for viewer locations within the recreational development being viewed, established visual quality standards may not always be met.

The proposed RV campground is approximately 1000 feet from Crescent Lake and 350 feet from . Crescent Creek was designated Wild and Scenic River for Recreation (1990 Deschutes Land and Resource Management Plan, Appendix D-2). The Crescent Lake Resort is located at the outlet dam on the lake that forms Crescent Creek. Currently, the Crescent Creek Wild and Scenic interdisciplinary team is completing a management plan and has identified an additional value for wildlife. The following explains why these values were identified.

Scenery/Vegetation: This category was adjusted to include vegetative characteristics of the river corridor. It was identified as Outstandingly Remarkable because of the uniqueness of the narrow canyon from Highway 58 crossing to the end of the Wild and Scenic designation where it intersects the Black Rock lava flow. Also contributing (and integral to the scenery) is the presence of old growth ponderosa pines larger than 24 inches in diameter. The visual diversity within this canyon is not common to the area and creates a pristine feeling.

Wildlife: The wildlife resource of Crescent Creek was also considered to be outstandingly remarkable. The diversity of wildlife includes terrestrial riparian-associated species such as the water thrush, great gray owl, sandhill cranes and the Oregon spotted frog, a federal candidate species for listing. Also, the isolation and comparatively low recreational visitor use in the steep and rugged canyon provides solitude and thermal cover for elk during the summer and fall seasons. This diversity of wildlife was considered unique as compared to Deschutes River that has a similar evolutionary process, environmental features, climate, and of which Crescent Creek is a tributary.

M17-4 Standards for Scenic Rivers allow for recreation development, such as moderate size campgrounds and structures providing that any concentrations of habitations are limited to short river reaches and screened from the river. The proposed RV campground meets the standards because it is screened from the river, the length of the river reach is short and it is attached to a developed resort.

Alternative A: The RV campground would not be constructed and the Special Use Permit area and proposed site would remain in its current condition.

Alternative B: The addition of the 4.6 acres in Special Use Permit area and the RV campground would be within the ¼ mile Wild and Scenic corridor area. Topographic relief shields the project area from the river corridor and the access road. The RV Campground within the resort area would be part of the modified resort setting that currently exists. Although it cannot be seen from the access road, to enter the campground, one must travel through the resort.

There would be no change to the Outstandingly Remarkable Values for which the river is designated. The RV Campground would maintain Scenery/Vegetation Outstandingly Remarkable Values because the vegetation to be removed is not located near the canyon for which scenery is designated, and the RV Campground would be shielded from view within the river corridor. Also, the vegetation to be removed is well away from riparian resources; therefore there is no effect to potential dispersal of the Oregon spotted frog, a federal candidate species for listing. Otherwise, due to the very limited size of

15 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles the campground and the proximity to the riparian and upland habitat provided by the canyon and meadows, it would not affect habitat for the life requirements of other species unique to this river.

Recreation______

The Recreation Opportunity Spectrum (ROS) is a system used to identify broad categories of recreation opportunities and settings on Forest lands. The Crescent Lake Resort is within the Administratively Withdrawn allocation of the Deschutes National Forest as amended by the Northwest Forest Plan, with an underlying direction for Intensive Recreation (M-11). The M-11 objectives provide a wide variety of opportunities including, but not limited to, activities dependent on various intensities of development, sights and sounds of humans evident, concentrations of humans generally occurring around developments, encounters with other people can be frequent and people with very limited outdoor skills will enjoy the area.

This area is a mix of two Recreation Opportunity Spectrum (ROS) of ‘road modified’ which is characterized by a setting heavily modified by human activities, access is generally easy for highway vehicles with no size criteria but usually the result of intensive commodity production. ‘Rural’ is where resource modification and utilization practices are primarily to enhance specific recreation activities and to maintain vegetative cover and soil. Sights and sounds of humans are readily evident, the interaction among users is often moderate to high.

The combination of these two ROS at Crescent Lake Resort offers people the chance to ‘get away’ to relax with the sounds of nature nearby, allowing for fishing, hiking, biking, bird watching while still allowing them the comforts of the modern world without impinging on campers who want totally primitive sites.

Alternative A: This alternative would continue the current recreation setting, absent motorized camping opportunities in the form of a recreational vehicle campground that provides water and electric hookups proximate to the lake.

Alternative B: Alternative B would increase the recreational opportunities and quality of recreational experiences by providing sites near the lake that would accommodate RVs. In addition to immediate access to local goods, services and recreational activities, the offering of such amenities as electrical and water hook-ups on-site and portable septic service ‘on demand’ in a lake setting creates a recreational setting that is currently not provided.

There would be no effect to the less developed camping experiences that occur around the lake due to the separation of uses and the relatively small increase in potential transient population of users compared to the current and foreseeable level of use.

Cumulative Effects The Three Trails project would designate a trail system of approximately 100-150 miles linking Crescent Lake Junction, Two Rivers subdivision, and Walker Rim. The main design of the trail system would center at the Snowpark staging area close to the Crescent Lake Junction business community. Although there is potential for the users to access Crescent Lake, expected use would be concentrated at the staging area and associated trails. Use of the Crescent Lake RV campground and other campgrounds around the lake would be characterized as “incidental” as most OHV users would not likely trailer their vehicles (except Simax Beach) to access the trail system.

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Wildlife ______

A project description has been provided in the Biological Evaluation prepared on June 19, 2009 for this project.

The analysis area is defined as the current permitted boundary for the Crescent Lake Resort and the inclusion of less than five acres proposed for the RV Campground.

Field reconnaissance of the project area occurred on June 19, 2009 which included an assessment of current vegetative conditions, wildlife species observed and/or suspected to occur, stand health observations, and adjacent habitats present. Species presence determinations in Table 1 were based on the field reconnaissance conducted.

Management Indicator Species (MIS) During the preparation of the Deschutes National Forest Land and Resource Management Plan (USDA 1990), a group of wildlife species were identified as Management Indicator Species (MIS). These species were selected because their welfare could be used as an indicator of other species dependent upon similar habitat conditions. Indicator species can be used to assess the impacts of management actions on a wide range of other wildlife with similar habitat requirements. The species listed in Table 1 were selected for the Deschutes National Forest.

Table 1. Deschutes National Forest Management Indicator Species Deschutes National Forest Habitat Association Species Presence Within Management Indicator Species The Analysis Area Three-Toed Woodpecker Lodgepole, mixed conifer, Suspected mtn. hemlock trees >5-10 inches dbh American Marten Lodgepole 5-10 > inches Suspected dbh, mixed conifer >10-15 inches dbh, all dense canopy Northern Goshawk All conifer forests with No trees > 10-15 inches diameter and closed canopy Osprey Snag habitat near lakes, Suspected reservoirs Northern Bald Eagle Late and old structure Yes forest near lakes, reservoirs Northern Spotted Owl Late and old structure No mixed conifer forests Mule Deer Habitat generalist Yes Elk Riparian Yes Woodpecker Guild Snag habitat Yes Great Blue Heron Mature forests near water Suspected Great Gray Owl Mature conifer forest and No openings, meadows Peregrine Falcon Cliff habitats and riparian No Wolverine High elevation alpine and No talus slopes,

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Deschutes National Forest Habitat Association Species Presence Within Management Indicator Species The Analysis Area Townsend’s Big-eared Bat Caves, mines No Waterfowl Lakes, ponds, reservoirs No Golden Eagle Open late and old structure No conifer forest or cliff ledges Red-tail Hawk Late and old structure No conifer forest Cooper’s Hawk Even-aged conifer forests No 30-70 years of age Sharp-shin Hawk Even-aged conifer forests No 25-50 years of age

Potential effects to the northern spotted owl, northern bald eagle, peregrine falcon, California wolverine, and the Townsend’s big-eared bat have been disclosed later in this section.

The following species do not have suitable habitat present, are not expected to occur and will not be discussed further: northern goshawk, great gray owl, waterfowl, golden eagle, red-tail hawk, Cooper’s hawk and sharp-shinned hawk.

Potential effects to three-toed woodpecker, American marten, osprey, mule deer, elk, and great blue heron are discussed below. Effects to the woodpecker guild are discussed with the exception of the white-headed and Lewis’ impacts which are disclosed later in this document.

Three-toed Woodpecker and the Woodpecker Guild The three-toed, black-backed, pileated, hairy, downy woodpecker, Williamson sapsucker, and the common flicker are all dependent on snags and/or live trees with internal heart rot for nesting or roosting cavities and as a forage substrate. However, there are differences in their selection of preferred habitats. The black-backed and three-toed woodpeckers both use lodgepole pine forests, mixed conifer, and mountain hemlock although forest type may not be as important as the presence of bark beetles (Marshall et al. 2003). The common flicker is generally most abundant in open forests and forest edges. The Williamson sapsucker prefers mid- to high elevation mature or old-structured forests with fairly open canopy cover. The downy woodpecker prefers riparian areas with hardwoods. The hairy utilizes mixed-conifer forests and ponderosa pine as well as adjacent deciduous stands, while the pileated occurs primarily in dense mixed conifer forests in late seral stages or in deciduous trees stands in valley bottoms (Marshall et al. 2003). The red-naped sapsucker breeds in deciduous and mixed deciduous-coniferous forests especially in woodlands with aspen. Population trends in Oregon have been reported as stable (Williamson sapsuckers) or a non- significant decline ranging from 0.4-0.6 percent per year based on Breeding Bird Surveys 1966-2000 as reported by Marshall et al. (2003) for the remaining species.

Direct, Indirect, and Cumulative Effects Alternative A The selection of this alternative would not result in the creation of less than a five acre RV campground with approximately 25 camp pads and about 1,000 feet of new road. The less than five acre lodgepole pine site would continue to provide foraging habitat for black-backed, three-toed and hairy woodpeckers which could be expected to utilize this acreage. The other woodpecker guild species are not assumed to occur at this site.

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Alternative B Field reconnaissance conducted on June 19, 2009 detected bark scaling on individual lodgepole pine trees infested with mountain pine beetles. This is indicative of the presence of black-backed and/or three-toed woodpeckers actively feeding on bark beetles. No woodpeckers of any species were seen or heard calling and no roosting or nesting cavities was observed in the proposed RV campground. Because the site is dry lodgepole pine this stand would not provide habitat for the downy or pileated woodpecker or the red-naped sapsucker. Project implementation would have no effects to this group of species. Field reconnaissance did not detect any evidence of sapsucker drilling and it is assumed this species is not present in the immediate area of the proposed action. Project implementation would have no effect to the Williamson sapsucker.

Based on the forest type and the bark scaling noted during field recon, it is assumed that hairy, black- backed, and three-toed woodpeckers may be using the five acres proposed for campground construction. Marshall et al. (2003) reported densities of hairy woodpeckers of 2.0-8.9 birds/100 acres in the ponderosa pine forests east of the Cascades. Estimated home ranges for individual black- backed woodpeckers varied from 178-810 acres and for three-toed woodpeckers home ranges varied from 131-751 acres. The construction of the campground will result in the removal of all standing snags for safety reasons and/or where road and camping pad development will occur. While bark scaling (foraging) was noted foraging on infested trees usually runs 5-8 years consequently, this site has foraging potential for a short period of time in the absence of continual bark beetle attacks. While less than five acres of foraging habitat would be lost, based on the small scale of the project and the large home ranges associated with the black-backed and three-toed woodpeckers project implementation should not result in any short- or long-term decline in either population. While the hairy woodpecker has a small home range Marshall et al. (2003) reported this species has experienced non-significant declines over the last several decades based on Breeding Bird Surveys. Project implementation should not result in any short- or long-term decline in this species presence across the Crescent Ranger District.

American Marten The American marten is associated with mixed conifer, high elevation hemlock, and lodgepole pine late-successional forests. Raphael and Jones (1997) in a study of lodgepole pine forests on the Winema National Forest determined that marten denning sites averaged 30 percent canopy cover. They also concluded that martens use snags and logs with intermediate decay levels with greatest use in structure greater than 30 inches in diameter. Marten eat mostly forest rodent species (squirrels, chipmunks and voles). Complex physical structure near the ground helps provide foraging/hunting areas and shelter from weather and predators (Buskirk and Powell 1994 as cited in Ruggierro et al. 1994). Home ranges averaged 4,272 acres for males and 1,392 acres for females (Raphael and Jones 1997).

Field reconnaissance of the proposed RV campground concluded that the overhead canopy cover averaged 30 percent and met that portion of the species needs however the largest diameter trees on site were only 12 inches and there was little coarse woody debris present to provide prey base habitat and hunting area for marten. This would likely preclude this acreage from providing denning, resting, or foraging habitat. The nearest denning/foraging habitat is likely in the Crescent Creek corridor approximately ¼ mile to the west. The less than five acre site may be used as a travelway connecting late and old structural forest near the shoreline of Crescent Lake northwesterly through the resort and down the Crescent Creek drainage.

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Direct, Indirect, and Cumulative Effects Alternative A The selection of this alternative would not result in the creation of an RV campground with approximately 25 camp pads and about 1,000 feet of new road. The less than five acre lodgepole pine site would continue to provide a travelway for resident and/or dispersing marten that may be present and utilizing this portion of Crescent Lake and the Crescent Creek corridor.

Alternative B The construction of the RV campground would not impact any denning, foraging or resting habitat based on stand composition, tree diameters and limited presence of coarse woody debris to support a prey base. The conversion of this acreage would likely have little effect to marten because an older mixed conifer forest connection is still provided nearer the resort that provides overhead canopy cover for resident or dispersing marten traveling between Crescent Lake and Crescent Creek. The construction of the five acre RV campground would have no direct, indirect or cumulative effect based on the small scale of the project as compared to the average home range of a marten and that forested connectivity is being maintained in the immediate area.

Osprey Ospreys are good indicators of ecosystem health because they are long-lived and are the top predator of aquatic food webs (USGS 2005). Various fish species comprise 99 percent of their diet. They nest within two miles of fish bearing bodies of water and generally nest in larger broken top trees or snags, but will also utilize utility poles, man-made structures, and channel markers (Marshall et al. 2003). Osprey are migratory typically arriving on the Crescent Ranger District in April and May and stay until early autumn until fall migration. The birds winter south into central California south into Central and South America.

Osprey are commonly seen around Crescent Lake and known nest sites are typically located on large diameter ponderosa pine or Douglas fir snags.

Direct, Indirect, and Cumulative Effects Alternatives A and B The nearest known osprey nest to the proposed RV campground is approximately one mile to the south south-east near Crescent Lake. Because of this distance from a nest site and that no foraging habitat would be impacted, the construction of the RV campground would have no direct, indirect or cumulative impact to the osprey.

Mule Deer and Elk The Crescent Lake area provides summer range habitat for mule deer and elk with most deer and elk returning to summer ranges in the spring (April through early June). Mule deer fall migration begins in October with animals moving easterly into the desert outside the boundaries of the Deschutes National Forest. Telemetry data from Oregon Department of Fish and Wildlife indicate elk migrate to different winter ranges including going westerly onto the Willamette and Umpqua River drainages, northerly into the Deschutes River drainage or easterly across Highway 97 and into the desert off the Deschutes National Forest. The Crescent Ranger District does not contain any mule deer or elk winter range. The proposed RV campground site currently has sufficient tree height and stems per acre to be defined as hiding cover (able to hide 90 percent of a standing deer or elk at 200 feet). However, field reconnaissance noted minimal deer or elk use of this acreage.

The Deschutes National Forest Land and Resource Management Plan (LRMP 1990) states summer range hiding cover must be present over 30 percent of each management unit (defined for this project as a 6th field subwatershed. Target open road densities for each 6th field subwatershed are 2.5 miles

20 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles of road/square mile of land. The five acre campground site is within the Cold Creek subwatershed. Analysis conducted for the Five Buttes Environmental Analysis (USDA 2007) indicated road densities for the Cold Creek subwatershed were 2.30 miles/square mile operationally with an objective open road density of 2.17 miles per square mile both of which are within the LRMP guidelines. The same EIS stated that hiding cover was currently at 92 percent for the Cold Creek subwatershed, well above the minimums. The LRMP also provides direction for elk habitat management pertaining to open road densities, hiding and thermal cover objectives within designated Key Elk Areas (KEAs). However, the project area does not occur within a designated KEA and those standards and guidelines do not apply in this situation.

Direct, Indirect, and Cumulative Effects Alternative A The selection of this alternative would result in no change in vegetative conditions because the campground would not be constructed. Therefore, big game use of the project area would not be expected to change.

Alternative B The selection of this alternative would result in the removal of approximately five acres of lodgepole pine stands that are currently functioning as hiding cover. However, the removal of five acres of hiding cover in a 10,861 acre subwatershed where are 92 percent of the acreage is already hiding cover would be a negligible effect. The construction of approximately 1,000 feet of new campground road (1/5 mile) would also result in a negligible change in open road density within the watershed. Therefore, this alternative is unlikely to have measurable direct, indirect, or cumulative effects on mule deer or elk because of the small scale of this project.

Great Blue Heron Great blue herons utilize shrubs, trees and river channel markers as nest sites and tend to nest in colonies called rookeries. Marshall et al. (2003) reported they will use trees as small as 1.5 feet in diameter although they prefer larger tree diameters. They hunt shallow waters of lakes and streams, wet or dry meadows feeding on fish, amphibians, aquatic invertebrates, reptiles, mammals, and birds. There is one heron rookery on the Crescent District west of Davis Lake and outside the project area.

Direct, Indirect, and Cumulative Effects Alternatives A and B While great blue herons may utilize Crescent Creek as a potential foraging area, field reconnaissance conducted for this project did not locate any great blue heron nests or rookeries in the project area likely because of the small diameter lodgepole pine trees present. The construction of the RV campground would have no direct, indirect or cumulative impact to the great blue heron.

Rare and Uncommon Species

Pygmy Nuthatch and Flammulated Owl Marshall et al. (2003) described the pygmy nuthatch as a resident of ponderosa pine dominated forests from the east slopes of the Cascades eastward into the Blue and Warner Mountains. Nesting is described to be in snags or dead portions of live trees and they reportedly can excavate nest cavities often using cracks to gain entrance to a hollow or decaying wood (Marshall et al. 2003). Their diet includes beetles, ants, bugs, and butterfly/moth larvae. Typical nest cavities in California were found in decaying pines that usually exceeded 20 inches in diameter and in one study from Arizona the mean dbh of nest cavities was 16 inches (Marshall et al. 2003).

21 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles

The flammulated owl is one of the smallest owls in North America and is unique in that it preys almost exclusively on insects and is a neotropical migrant. The species winters in central and southern Mexico, Guatemala, and perhaps El Salvador. In Oregon the species breeds on the eastern slope of the Cascades, Blue and Wallowa Mountains and in small numbers in the mountains of southwest Oregon (Marshall et al. 2003). They are most closely associated with ponderosa pine forest but also nests in mixed coniferous stands dominated by ponderosa pine. Marshall et al. (2003) reported that forested stands used for nesting tend to have moderate to high levels of canopy cover ranging from 31-94 percent (mean 67 percent) with a rather open understory or an open area adjacent. The species is a cavity nester and in northeastern Oregon ponderosa pine snags was the common nest tree (Marshall et al. (2003). Snags and trees used for nesting averaged 22 and 28 inches dbh in two Oregon studies (Goggans 1985, Bull et al. 1990 cited by Marshall et al. 2003).

Direct, Indirect, and Cumulative Effects Alternatives A and B Neither species is thought to occur in the immediate project area because the site is lodgepole pine and information provided by Marshal et al. (2003) does not indicate either species nests in lodgepole pine. Therefore, the construction of RV campground within a five acre patch of lodgepole pine is not expected to have direct, indirect, or a cumulative effect to the pygmy nuthatch or flammulated owl.

Bats The Townsend’s big-eared bat was placed on the “sensitive” species list in the January 31, 2008 update. Effects to this species and habitat are disclosed later in this document. Table 2 displays the bat species that are known to occur or may potentially occur within the Crescent Ranger District. Data from the table below is from Perlmeter 1996-1997, Christy and West 1993, NatureServe 2008, and preliminary data results from T. Manning, Oregon State University 2006.

Table 2. Bat species known or suspected to occur and habitat requirements within the Crescent Ranger District.

Species Forage Roost Site Main Prey Comments Substrate Species Cliff faces, tree Forest edges and One offspring per California Myotis crevices, caves and Moths over water female/season structures Ponderosa pine Rock crevices, Western Small- Will also forage and mixed conifer under boulders, Small insects footed Myotis over rocks forests and beneath bark Closely associated Riparian, moist Buildings, caves Moths, midges, with water and Yuma Myotis woodlands, and and bridges flies and termites very sensitive to open forests disturbance Buildings, bridges, Little Brown Moist forests and Closely associated caves, mines, rock Flies Myotis riparian areas with water crevices, snags Long-legged Coniferous forests Crevices, buildings Closely associated Moths Myotis and riparian areas and caves with forests Snags, hollow Forested habitats One offspring per Long-eared Myotis trees or rock Moths and forested edges female/season features Silver-haired Bat Forested areas and Under bark Wide variety of Deforestation and

22 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles

Species Forage Roost Site Main Prey Comments Substrate Species over ponds and insects loss of snags is a streams threat More common in Forages over open deciduous forests Big Brown Bat Structures Beetles areas and uses versus coniferous hollow trees forests Solitary breeder Riparian and and only foliage Hoary Bat Trees Moths brushy areas roosting bat in Pac. Northwest Forages on ground Arid regions and Cliff faces, caves, Moths and Pallid Bat and very intolerant open forest types and buildings grasshoppers to disturbance Presence of suitable roosts Moths primarily, more important Townsend’s Big- Arid regions and Buildings, caves, flies, bugs and than vegetation eared Bat open forest types and bridges beetles type; very intolerant of human disturbance Along forest Caves, mines, rock One offspring per Fringed Myotis edges, roads or Primarily moths crevices, buildings season open areas

Most bat species roost and hibernate in crevices in protected sites. Sites commonly used by bats include caves, mines, snags and decadent trees, wooden bridges, and old buildings (USDA 1994 ROD C-43). While snag management guidelines were provided (USDA and USDI 2001 S&G-37-38) the authors of the plan determined that additional protection was needed for caves, mines, abandoned wooden bridges and buildings. Surveys of these structures were recommended to determine bat presence including the fringed myotis, silver-haired bat, long-eared myotis, long-legged myotis, pallid bat, and Townsend’s big-eared bat. The purpose of the standard and guideline is to protect these sites from destruction, vandalism, disturbance from road construction, blasting or any other activity that could change cave or mine temperatures or drainage patterns.

Sites commonly used by bats include caves, mines, snags and decadent trees, wooden bridges and old buildings. The bats in this group vary slightly on habitat use. The fringed myotis and the Townsend’s big-eared bat focus on caves, mines, and rock crevice habitat while the long-legged myotis, long- eared myotis, and the pallid bat will utilize buildings, caves, snags and hollow trees. The silver- haired bat relies heavily on standing snags and hollow trees in and adjacent to riparian areas that are used for foraging (NatureServe 2008). Most of the myotis species and Townsend’s big-eared bats are colonial breeders which can range from 12 to 500 individual individuals but generally contain less than 100 (Christy and West 1993). Silver-haired bats are generally considered solitary breeders though a few nursery colonies have been reported (Christy and West 1993). Most bat species are aerial foragers but a few (long-eared and fringed myotis) also glean insects from the ground or foliage and rely on vision as well as echolocation when hunting (van Zyll de Jong cited in Christy and West 1993). Most bat species in the Pacific Northwest probably undergo relatively short migrations to and from hibernacula each year although silver-haired bats are believed to migrate fairly long distances (Shump and Shump cited in Christy and West 1993). Pacific Northwest bat species have many predators but are not a major prey

23 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles item for any animal group consequently predation is not a major mortality factor. However, the influence of people may have negative effects on bats from disturbances to hibernacula from cave exploration.

Alternatives A and B There are no caves, mines, or even rock outcrops in the five acres of lodgepole pine forest where the campground would be constructed. Field reconnaissance conducted for this project did not detect the presence of any nest cavities or holes large enough to support roosting bats in the lodgepole pine snags on the site. It is unlikely the lodgepole pine snags are currently supporting any bat roosting activity. Therefore, while construction of the campground will result in the loss of these snags for safety concerns, it would not result in any direct, indirect, or cumulative effects to bat species that utilize snags for roosting.

Birds of Conservation Concern (BCC)

In January 2001, President Clinton issued an executive order on migratory birds directing federal agencies to avoid or minimize the negative impact of their actions on migratory birds, and to take active steps to protect birds and their habitat. A Memorandum of Understanding (MOU) with the U.S. Fish and Wildlife Service and the Department of Agriculture, Forest Service was signed in late 2008 to conserve migratory birds including taking steps to restore and enhance habitat, prevent or abate pollution affecting birds, and incorporating migratory bird conservation into agency planning processes whenever possible. Prior to the MOU being finalized several documents were produced for the conservation of migratory birds. These documents from the U. S. Fish and Wildlife Service included the Birds of Conservation Concern released in 2002 and the U.S. Shorebird Conservation Plan released in 2004.

The “Birds of Conservation Concern 2002” (BCC) revised in 2008 identifies species, subspecies, and populations of all migratory non-game birds that without additional conservation protection actions, are likely to become candidates for listing under the Endangered Species Act of 1973. While all of the bird species included in the BCC are priorities for conservation action, the list makes no finding with regard to whether they warrant consideration for ESA listing. The goal is to prevent or remove the need for additional ESA bird listings by implementing proactive management and conservation plans. The U.S. Shorebird Conservation Plan (USFWS 2004, revised 2007) updated the 2001 Plan with new information and developed a list of U.S. and Canadian shorebirds considered highly imperiled or of high conservation concern. Conservation measures were not included but these lists should be consulted to determine reasons for conservation concern.

Bird Conservations Regions (BCRs) were developed based on similar geographic parameters. One BCR encompasses the Crescent Lake Resort new campground area, BCR 9, Great Basin. Table 3 displays the BCR species for this area, preferred habitat and whether suitable habitat is present in the project area. Birds appearing in bold type are those considered critically important by the U.S. Shorebird Conservation Plan as of March 2007.

Table 3. Bird Conservation Region 9 (Great Basin) 2008 List

Bird Species Preferred Habitat Habitat in Crescent Lake RV Campground Analysis Area Greater Sage Grouse (Columbia Sagebrush dominated rangelands No Basin DPS) (a) Eared Grebe (nb) Nests near shore on small freshwater lakes and reservoirs No

24 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles

Bird Species Preferred Habitat Habitat in Crescent Lake RV Campground Analysis Area with emergent vegetation Bald Eagle Nests in large conifers usually near lakes, reservoirs Yes Ferruginous Hawk Sagebrush-shrub steppe No Golden Eagle Elevated nest sites in open No country Peregrine Falcon (b) Cliffs No Yellow Rail Marshes with shallow water No Snowy Plover Alkaline playas east of the No Cascades Long-billed Curlew Grasslands No Marbled Godwit (nb) Marsh/Wet Meadows No Yellow-billed Cuckoo (w. U.S. Dense riparian/cottonwoods No DPS) (a) Flammulated Owl Ponderosa pine forests No Black Swift Cliffs associated with waterfalls No Calliope Hummingbird Open mountain meadows, open forests, meadow edges, and No riparian areas breeding mainly at middle elevations Lewis’s Woodpecker Ponderosa pine forests No Williamson’s Sapsucker Ponderosa pine forests No White-headed Woodpecker Ponderosa pine forests No Willow Flycatcher Breeding habitat is dense shrubs and/or tall herbaceous vegetation No especially riparian willow thickets Loggerhead Shrike Open country with scattered No trees/shrubs Pinyon Jay Juniper, juniper-ponderosa pine No transition, and ponderosa pine edge forests Sage Thrasher Preferred breeding habitat is big sagebrush but will also use No greasewood, shadscale and rabbitbrush. Virginia’s Warbler Mountain Mahogany groves No Green-tailed Towhee Vigorous shrub stands with high shrub species diversity and less No abundant in big sagebrush habitat Brewer’s Sparrow Sagebrush clearings in coniferous No forests/bitterbrush Black-chinned Sparrow Dry slopes and hillsides covered with tall thick vegetation, SE and No SW Oregon Sage Sparrow Sagebrush No Tricolored Blackbird Cattails or tules No Black Rosy-Finch Bare rock outcrops, cliffs and talus for breeding on Steens No Mtns.

(a) ESA candidate, (b) ESA delisted, (c) non-listed subspecies or population of Threatened or Endangered species, (d) MBTA protection uncertain or lacking, (nb) non-breeding in this BCR

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Of the species listed in Table 3, potential effects are disclosed later in this document for the bald eagle, Lewis’s woodpecker, white-headed woodpecker, yellow rail, and the tricolored blackbird. Potential impacts to the flammulated owl are discussed in the Rare and Uncommon Species section. Potential impacts to the Williamson sapsucker and golden eagle are discussed within the Management Indicator Species section. The remaining species in Table 3 have not been documented to occur and there is no suitable habitat present in the project area.

Landbird Strategic Plan The Forest Service has prepared a Landbird Strategic Plan (January 2000) to maintain, restore, and protect habitats necessary to sustain healthy migratory and resident bird populations to achieve biological objectives. The primary purpose of the strategic plan is to provide guidance for the Landbird Conservation Program and to focus efforts in a common direction. On a more local level, individuals from multiple agencies and organizations within the Oregon-Washington Chapter of Partners in Flight participated in developing a publication for conserving landbirds in this region. A Conservation Strategy for Landbirds of the East-Slope of the Cascade Mountains In Oregon and Washington was published in June 2000 (Altman 2000). This strategy has been used since its development in planning and projects analysis.

The RV Campground project area falls within the Central Oregon subprovince. The species selected in the conservation strategy represent focal species for habitat types or features considered at risk. Consistency with the Altman habitat recommendations are disclosed for those species listed in this section. Table 4 shows the focal species for the habitats that occur within the project area.

Table 4. Landbird Focal Species for Central Oregon Focal Species for Habitat in the Habitat Habitat Feature Central Oregon Project Area Large patches of old forest White-headed No with large trees woodpecker Large trees Pygmy nuthatch No Ponderosa Pine Open understory with No Chipping sparrow regenerating pines Patches of burned old forest Lewis’ woodpecker No Large trees Brown creeper No Large snags Williamson sapsucker No Interspersion grassy No Mixed Conifer Flammulated owl Late-Successional openings/dense thickets Multi-layered/dense canopy Hermit thrush No Edges and openings created No Olive-sided flycatcher by wildfire Black-backed Yes Lodgepole pine Old growth woodpecker Meadows Wet/dry Sandhill crane No Large trees with No Aspen Red-naped sapsucker regeneration Subalpine fir Patchy presence Blue grouse No Whitebark pine Old growth Clark’s nutcracker No

26 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles

The area proposed for the development of a Crescent Lake Resort RV campground is within a lodgepole pine plant association therefore, the only species in Table 4 applicable to the proposal is the black-backed woodpecker. Effects to the black-backed woodpecker are disclosed in this document. The remaining habitats do not occur in the immediate project area and the species associated with those habitats will not be discussed.

Threatened, Endangered, and Sensitive Species A Biological Assessment (BA) has been prepared in compliance with the requirements of Forest Service Manual (FSM) 2630.3, FSM 2672.4 and the Endangered Species Act of 1973 (Subpart B: 402.12, Section 7 Consultation, as amended) on actions and programs authorized, funded, or carried out by the Forest Service to assess their potential for effect on threatened and endangered species and species proposed for Federal listing (FSM 2670.1). Formal consultation with the U.S. Fish and Wildlife Service will not be required for the BLT project.

The Federally listed species analyzed in this document include the northern spotted owl (Strix occidentalis). The Oregon spotted frog (Rana pretiosa) and the Pacific fisher (Martes pennanti) are Federal candidates for ESA listing and are also on the Region 6 Regional Forester’s Sensitive Species list.

The following is a summary of the Proposed (P), Threatened (T), Endangered (E) and Sensitive Species analyzed within the project area:

Proposed (P), Threatened (T), Endangered (E) Species Proposed Action Northern spotted owl (Strix occidentalis) (T) NE Northern spotted owl critical habitat NE Oregon spotted frog (Rana pretiosa) – Federal Candidate NI Pacific fisher (Martes pennanti) – Federal Candidate NI

NE = No Effect MENL = May Effect not likely to adversely effect (must also meet PDCs, if not must complete a BA) NLJ = Not Likely to Jeopardize (Proposed species only)

R6 Sensitive Species Proposed Action Northern bald eagle (Haliaeetus leucocephalus) NI Horned grebe (Podiceps auritus) NI Rednecked grebe (Podiceps grisegena) NI Bufflehead duck (Bucephala albeola) NI Harlequin duck (Histrionicus histrionicus) NI American peregrine falcon (Falco peregrinus anatum) NI Western sage grouse (Centrocercus urophasianus phaios) NI Yellow rail (Coturnicops noveboracensis) NI Tricolor blackbird (Agelaius tricolor) NI Lewis’ woodpecker (Melanerpes lewis) NI White-headed woodpecker (Picoides albolarvatus) NI Northern waterthrush (Seiurus aurocapillus) NI California wolverine (Gulo gulo) NI Pygmy rabbit (Brachylagus idahoensis) NI Townsend’s big-eared bat (Plecotus townsendii) NI Crater Lake Tightcoil snail (Pristiloma articum crateris) NI

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Silver-bordered fritillary (Boloria selene) NI Johnson’s hairstreak (Callophrys johnsoni) NI

NI = No Impact MIIH = May impact individuals or habitat, but will not likely contribute to a trend toward federal listing or loss of viability to the population or species BI = Beneficial Impact

Prefield Review The Deschutes and Ochoco National Forests completed a Joint Terrestrial and Aquatic Programmatic Biological Assessment (BA, USDA 2006-2009) in August 2006 for federal lands within the Deschutes and John Day River Basin’s Administered by the Deschutes and Ochoco National Forests. A letter of concurrence was received from the U.S. Fish and Wildlife Service (USFWS) in August 2006 that agreed with the effects determination in the programmatic document. Every project that meets the project design criteria (PDCs) applicable to each affected species is covered by this document. If every PDC is not followed, then additional consultation may be needed and an effects determination made to determine the need for further consultation with the USFWS. The BA covers the covers the Oregon spotted frog, (Rana pretiosa) as a federal candidate, and the northern bald eagle (Haliaeetus leucocephalus) and the northern spotted owl, (Strix occidentalis) as a threatened species. On July 9, 2007 the Federal Register announced the bald eagle would be removed from the Threatened and Endangered Species list and the rule became effective on August 8, 2007 (FR Vol. 72, No. 130/ July 9, 2007). While the bald eagle is now removed from the Endangered Species list it remains a Region 6 Regional Forester Sensitive species and a management indicator species for the Deschutes National Forest. In addition, the bald eagle is still protected by the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. The Regional Forester’s Sensitive Species list was revised in January 2008. This list was reviewed for species that may be present on the Deschutes National Forest and the proposed campground development. After a review of existing records, habitat requirements and existing habitat components, it was determined that the following sensitive animal species are known to occur or have suitable habitat present within or in close proximity to the proposed RV campground: northern bald eagle.

After a review of sighting records, habitat requirements and existing habitat components, it was determined that the following Threatened, Endangered or sensitive species are not known to occur within or immediately adjacent to the project treatment areas or do not have habitat present: northern spotted owl, Oregon spotted frog, Pacific fisher, horned grebe, red-necked grebe, bufflehead, harlequin, American peregrine falcon, greater sage grouse, yellow rail, Tricolor blackbird, Lewis’ woodpecker, white-headed woodpecker, northern waterthrush, California wolverine, pygmy rabbit, Townsend’s big-eared bat, Crater Lake tightcoil, silver-bordered fritillary, and the Johnson’s hairstreak.

Oregon Spotted Frog - The Oregon spotted frog (Rana pretiosa) is currently listed as federal candidate species by the USFWS. Spotted frogs have a historic distribution that covers small part of western North America, from southern British Columbia to northeastern California, and from the west side of the Willamette Valley to the east side of the Klamath Basin in Oregon. They have been extirpated in much of their range by introduction of the bullfrog, (Rana catesbeiana) and habitat alteration, loss through intensified agriculture, grazing, and urbanization (USGS 2003). Pearl (pers comm. 2008) remarked that central Oregon, including Big Marsh on the Crescent Ranger District

28 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles and Sunriver south of Bend, seem to represent strongholds for the species and have the largest populations in the state of Oregon.

Oregon spotted frogs are associated with relatively large wetland complexes greater than 10 acres in size with extensive emergent marsh coverage that warms substantially during seasons when Oregon spotted frogs are active at the surface. Sites always include some permanent water juxtaposed to seasonally inundated water (Pearl and Hayes 2004 cited in Cushman and Pearl 2007). They use shallow oviposition sites consistently across their range with average depths per site ranging from 2.3” to 10” in depth (Pearl and Hayes 2004). Oviposition usually occurs between mid-February and mid-April depending on water temperature. The diet of the Oregon spotted frog includes arthropods (e.g. spiders, insects) earthworms and other invertebrate prey. In turn, they may be preyed upon by mink, river otters, herons, bitterns, ravens and crows, and garter snakes. Threats to the species were hypothesized by Cushman and Pearl (2007) to include direct loss and conversion of marsh habitat, interactions with non-native fishes, plant succession and other vegetation changes, livestock grazing, degraded water quality, isolation from other populations, and drought.

On the Crescent Ranger District Oregon spotted frogs are known to occur in Big Marsh, Crescent Creek near Highway 58, Odell Creek, Ranger Creek, and along portions of the Little Deschutes River. The proposed project area is near Crescent Creek however surveys have only documented Oregon spotted frogs in Crescent Creek approximately six miles downstream from the resort area. Because the campground/RV campground is located within a dry lodgepole pine site and not near any wetland habitat, construction of the five acre RV Campground would have “No Impact” on the Oregon spotted frog.

Compliance with the FY2006-2009 Programmatic Biological Assessment CRITERIA: A. Do not fragment or convert wetland habitat to upland habitat through management activities including, but not limited to, water diversions, road construction, maintenance, or recreational facilities expansion. Where possible restore wetlands.

B. Do not degrade wetland habitat or water quality. 1. In channel, lake, or shoreline digging would be for restoration only. 2. Comply with the following Bull Trout, Steelhead Trout, and Chinook Salmon EFH PDC: (c) Sediment and Substrate 1, 2, 3, 6, 7, 8, 9, and 10. (d) Bank Stability 1 and 2. (g) Livestock Grazing 3, 4, and 5.

C. Changes in hydrology of a stream, spring, lake, or wetland should be for restoration purposes. 1. In reservoir situations, where possible, allow maintenance or development of shallow water habitat with emergent vegetation through July to provide egg laying and development. 2. When removing or modifying stream barriers to allow for fish passage, do not risk the introduction of non-native species.

D. Limit activities within the channel migration zone or 100-year floodplain to those that have either a neutral or beneficial effect on floodplain functions. Timing of those activities will be outside egg laying/hatching for that area. If not known, restrict activities from March 1 to May 31.

E. Connectivity will be maintained through properly functioning streams, marsh, in-stream, and floodplain vegetation. Restore native sedges, rushes, and willows where possible and appropriate.

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F. Use of pesticides, herbicides, and similar potential contaminants are prohibited in and immediately adjacent to wetland habitat. Applications of these chemicals should be conservative when estimating drift to avoid any contamination.

The campground development site would not result in the loss or conversion of wetland habitat and would not fragment, degrade, or convert any wetland habitat nor result in any change to riparian connectivity. There is no proposal to use pesticides, herbicides or any other potential contaminants. The project meets all PDCs listed above.

Pacific Fisher - The USFWS was issued a court order in April 2003 to conduct a 90 day finding on a petition to list a distinct population segment of the fisher. In July 2003 the USFWS published a 90 day finding that substantiated a listing may be warranted and began a 12 month status review. In April 2004 the USFWS determined that the fisher in Washington, Oregon and California is a “distinct population segment” of the entire fisher species. The USFWS also determined that the fisher faces biological threats that are sufficient to warrant listing but is precluded by other higher priority listing actions (Federal Register Vol. 69, No.68, April 8, 2004). Threats to the fisher include loss fragmentation of habitat, mortalities and injuries from incidental captures, decreases in prey base, increasing human disturbance, and small isolated populations.

The fisher is a house-cat sized member of the Mustelidae family which includes weasels, mink, marten, and otters. Their occurrence is closely associated with low- to mid-elevation forests (generally <1250 m) with a coniferous component, large snags or decadent live trees and logs for denning and resting, and complex physical structure near the forest floor to support adequate prey populations (Powell and Zielinski 1994). Within a given region the distribution of fishers is likely limited by elevation and snow depth and fisher are unlikely to occupy habitats in areas where elevation and snow depth act to limit their movements (Krohn et al. 1997 cited by USFWS 2004). However, in mid-elevation areas with intermediate snow depth, fishers may use dense forest patches with large trees because the overstory increases snow interception (Weir 1995 cited by USFWS 2004). Aubry and Houston (1992) cited by (Powell 1993) felt that snow affected fisher distribution and population density in Washington state.

Fishers have a low annual reproductive capacity; not all females produce young every year and litters usually consist of 2 to 3 kits raised entirely by the female. In addition, recent evidence suggest only juvenile males disperse long distances which would affect the rate at which fishers may be able to colonize formerly occupied areas within its historical range (Aubrey et al. 2003). Fishers are estimated to live up to 10 years (Powell 1993). Prey item remains collected in Oregon include snowshoe hare, brush rabbit, California ground squirrel, Douglas’ squirrel, northern flying squirrel, woodrats, opossum, striped skunk, porcupine (male fishers only), bobcat, deer, elk, Stellar’s jay, pileated woodpecker, and hairy woodpeckers (Aubry and Raley 2002). Female fishers give birth and raise kits in cavities in large-diameter (>80 cm, 31 inches) live trees, snags, and logs, and use these structures and large platform branches for rest sites (Powell and Zielinski 1994; Aubry and Raley 2002). In the western USA, fishers generally avoid clearcuts and forested stands with less than 40 percent canopy cover (Buck et al., 1994 Jones and Garton, 1994 cited by Aubry and Lewis 2003). Powell (1993) reported that open habitat vegetated with young deciduous trees and shrubs (typical of clear-cut areas) are used by fishers in summer but are truly open with no overhead cover in winter. Aubry and Raley (2006) in a study area of the southern Oregon Cascades determined that home ranges for adult females was 25 square kilometers and for males averaged 62 square kilometers (non- breeding season) and 147 square kilometers during the breeding season.

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In Oregon, the fisher apparently has been extirpated from all but two portions of its historical range (Aubry and Lewis 2003). Within Oregon the two known extant populations are in the southwestern portion of the state: one in the southern that was established through reintroductions of fishers from British Columbia and Minnesota that occurred between 1961 and 1981, and one in the northern Siskiyou Mountains of southwestern Oregon that is presumed to be an extension of the population in northern California. Genetic testing has revealed the populations are isolated from each other (Aubry et al 2002). The same study revealed juvenile male fishers are capable of long distance dispersal with one collared male relocating to the Crescent Ranger District in the summer of 1999 having traveled fifty-five kilometers from point of capture on the Rogue River National Forest. The radio signal from this animal was lost in December 1999 due to battery failure. Carnivore surveys were conducted on the Crescent District in 1993-1996 and 1998 using bait with camera sets, snow tracking and track plates. There were no detections of fishers or wolverines from these surveys.

The Crescent Creek drainage may provide a travel corridor for dispersing fishers if present on the Crescent Ranger District. However, the five acres proposed for development as a campground and RV site is located away from Crescent Creek in a lodgepole pine forest that does not meet the definition of denning sites with large diameter trees and down logs present. Due to the high recreation use that occurs year-round at the north end of Crescent Lake and the resort for camping, fishing, mushroom harvesting, hunting, ATV riding, snowshoeing, cross-country skiing, and snowmobiling it is highly unlikely the campground area would support any fisher activity other than incidental use along the creek corridor. The construction and utilization of the proposed RV campground would have “No Impact” on the Pacific fisher.

Horned and Red-Necked Grebes - Both species nest in lakes and ponds with tall vegetation or marshy habitats. While Crescent Lake is nearby the immediate project area is a dry lodgepole pine forest and does not provide nesting habitat for either species. The development of the proposed RV campground would have “No Impact” on the horned grebe and red necked grebe.

Bufflehead – This duck species is North America’s smallest diving duck. It winters throughout Oregon but is an uncommon breeder in the central and southern Cascades (Marshall 2003). Known nest sites in central and southern Oregon include Hosmer Lake, Crane Prairie Reservoir, Twin Lakes, Wickiup Reservoir, Davis Lake and along the Little Deschutes River in Deschutes County. Broods have also been reported in small lakes near the crest of the Cascades in western Deschutes County. The bufflehead will use tree cavities or artificial nest boxes in trees close to water. While Crescent Lake is nearby the immediate project area is a dry lodgepole pine forest and does not provide nesting habitat for the bufflehead. Construction of the proposed RV campground would have “No Impact” to the bufflehead.

Harlequin – This duck species nests along fast-flowing rivers and mountain streams in the Cascade Mountains of Oregon and Washington. There are no confirmed breeding sites in the east Cascades of Oregon with the exception of the Hood River basin (Marshall et al. 2003). In the western Cascades of Oregon breeding pairs are observed on low to moderate gradient (1-7percent) third to fifth-order streams in the western hemlock zone with simple channels and abundant in-stream rocks for loafing sites (Marshall et al. 2003). Bruner (1997 in Marshall et al. 2003) stated 35 percent of his located nests were placed on exposed shelves of logs or root wads and 65 percent were found on natural ledges on slopes or cliffs within 1-82.5 feet of water. Non-breeding adults can be found along the Oregon coast and the winter population includes migrant birds. While Crescent Creek is nearby annual seasonal water fluctuations associated with Crescent Lake Dam and downstream irrigation needs (water storage and releases) likely preclude the upper reaches Crescent Creek from potentially functioning as harlequin nesting habitat. There are also no records of harlequins present on the

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Crescent Ranger District. Construction of the proposed RV campground would have “No Impact” to the harlequin.

Peregrine Falcon – This species occurs as resident and migratory populations. They nest on cliffs greater than 75 feet in height and within 1 mile of some form of water (Pagel 1992). Nesting occurs in xeric areas of eastern Oregon, marine habitats of western Oregon, montane habitats to 6,000 feet elevation, small riparian corridors statewide, and more recently urban habitats of the lower Willamette and Columbia Rivers. Peregrines are widely distributed in western Oregon and at least 15 pairs are known to occur in the Columbia River Gorge (Isaacs pers comm. 2005). The Deschutes National Forest confirmed their first nesting eyrie on the Deschutes National Forest (Sisters Ranger District) in 2008. There is no suitable cliff habitat present within or near the proposed project area and there are no records of peregrines in this area. Construction of the proposed RV campground would have “No Impact” to the peregrine falcon.

Western Sage Grouse – This species is found in foothills, plains, and mountain slopes where sagebrush is present and the habitat contains a mixture of sagebrush, meadows, and aspen in close proximity. Winter habitat containing palatable sagebrush probably is the most limited seasonal habitat in some areas (NatureServe 2008). While this habitat type and sage grouse are known to occur on the Deschutes National Forest, this habitat type does not occur within the project area or the Crescent Ranger District. Construction of the proposed RV campground would have “No Impact” on the western sage grouse.

Yellow Rail - From information gathered over the last 7-8 years, nesting habitat for the yellow rail in Oregon has been described as marshes or wet meadows which have an abundance of thin-leaved sedges, a layer of senescent vegetation to conceal their nests, and an average water depth of 7 cm. (Popper 2001). Winter habitat is thought to occur along the California coast although more research is needed to confirm this (Popper 2001). A very small breeding population of yellow rails (2-5 pairs annually) is known to occur on Big Marsh on the Crescent Ranger District based on information gathered since 1997 (Popper 2005). Within the project area there is no suitable breeding habitat and construction of the proposed RV campground would have “No Impact” on the yellow rail.

Tricolored Blackbird – This species is a highly gregarious colonial breeder largely endemic to California. However, breeding colonies are scattered and intermittent in Oregon. In Oregon they breed most consistently in southern Klamath County in the southern part of the state. There are no records of nesting Tricolored blackbirds in Deschutes County or northern Klamath County. Nesting occurs in fresh-water marshes of cattails, tules, bulrushes and sedge, or in thickets of willows or other shrubs. While Crescent Creek is near the proposed campground/RV campground, there is no suitable nesting habitat present because of the absence of willow thickets, tules, and/or bulrushes. Construction of the proposed RV campground would have “No Impact” to the Tricolor blackbird.

Lewis’ Woodpecker – This species is a medium-sized, vaguely crow-like bird that relies on flycatching during the spring and summer and stored mast and fruits in the fall (Marshall et al. 2003). It breeds in low numbers in open habitats along eastern Oregon river and stream valleys including the lower Deschutes River. The species is most common in open habitats (e.g. burns) in and near Cascade forests. Wisdom (2000) reported that burned ponderosa pine forest created by stand-replacing fires provide highly productive habitats as compared to unburned pine. They are not considered strong cavity excavators but require large snags in an advanced stage of decay that are easier to excavate. Lewis’s woodpeckers will also use old cavities created by other woodpeckers. Forty-two percent of the nest trees on the eastern edge of the Mt. Hood National Forest were in ponderosa pine (typically snags) and 43 percent were in living and declining Oregon white oak. The mean dbh of nest trees

32 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles was 26 inches and mean nest tree height was 41 feet (Marshall et al. 2003). There is no suitable nesting habitat in the project area and construction of the RV campground would have “No Impact” to the Lewis’ woodpecker.

White-Headed Woodpecker – This species is a medium sized bird and unique because of striking plumage with a mostly white head with males having a red patch on the nape. They are a resident of montane forests from southern interior British Columbia south through central Washington, northern Idaho, east and southwest Oregon, north and central California, and the eastern edge of central Nevada to the mountains of southern California (Marshall et al. 2003). The presence of old growth pine is thought to be important to white-headed woodpeckers. Larger diameter pines provide bark crevices for the invertebrate prey of white-headed woodpeckers and are good cone producers. During the winter months they rely on seeds from ponderosa pine and sugar pine. Old-growths stands also have greater densities of the large-diameter snags that white-headed woodpeckers appear to select for nesting (Frenzel 2002). They usually excavate nest cavities in snags, but other recorded substrates include stumps, leaning logs, and the dead tops of live trees. Frenzel’s study area on the Deschutes and Winema National Forests (2002) determined that nest trees ranged from 23.6 to 118.1 cm (9-46 inches) with an average dbh of 27 inches and 89 percent of the nest trees were in ponderosa pine. While there is ponderosa pine habitats, nearer the resort where the campground/RV park construction would occur is a lodgepole pine plant association that does not provide nesting habitat for the species. Therefore, construction of the RV campground would have “No Impact” to the white-headed woodpecker.

Northern Waterthrush – This species is a small neotropical migrant and has been known to occur along Crescent Creek and the Little Deschutes River near the communities of Crescent and Gilchrist, Oregon since 1977 (Contreras 1988). Marshall et al. (2003) states the northern waterthrush is one of Oregon’s rarest and most local breeders. Occupied sites during the breeding season have also been identified at Salt Creek and Gold Lake on the Willamette National Forest (Contreras 1988). The birds in central Oregon seem to prefer dense riparian willow thickets and were usually found in willow clumps 5 to 8 feet high, with some Sitka alder intermixed with small grassy patches and pools of water left in old stream meanders although no nests have been found (Contreras 1988). Inventories conducted along the Little Deschutes River and lower Crescent Creek in 2008 and 2009 (K. Boucher, pers comm.) have confirmed northern waterthrushes at several sites on these stream systems. However, none of the documented sites are within the portion of Crescent Creek near the Crescent Lake Resort and project area.

There are no dense riparian willow thickets in the vicinity of the RV campground that could function as potential nesting habitat. Project implementation would have “No Impact” on the northern waterthrush.

California Wolverine - On March 11, 2008 the USFWS announced a 12-month finding that the population of North American wolverine occurring in the contiguous United States does not constitute a listable entity under the Endangered Species Act and listing is not warranted (Federal Register/ Vol. 73, No. 48/ Tuesday, March 11, 2008). The Service determined that the contiguous United States population of North American wolverine does not constitute a distinct population segment (DPS) under the Act and therefore a listable entity unto itself.

The wolverine is the largest terrestrial member of the mustelid family with males weighing 26 to 40 pounds and females 17 to 26 pounds. Wolverines are opportunistic feeders consuming a variety of foods depending on availability. Primarily a scavenger rather than a hunter, the wolverine forages where carrion can be found (Ruggiero 1994). In addition to carrion they will also prey on small animals and birds and eat fruits, berries, and insects. Wolverines occupy a wide variety of habitats

33 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles from the arctic tundra to coniferous forest. Copeland (2007) described wolverine habitat in the contiguous United States consists of small, isolated “islands” of high-elevation, alpine habitats containing sufficient depth of snow during the denning period, separated from each other by low valleys of unsuitable habitats. Wolverines occupy habitat in a high elevation band from 6,888 feet to 8,528 feet in the mountains of the lower 48 states (Federal Register/ Vol. 73, No. 48/ Tuesday, March 11, 2008). The intervening valleys in this area range from 3,198 feet to 4,920 feet and are unsuitable for long-term wolverine habitat because they do not have the snow conditions or other habitat features required by wolverines (Aubrey et al. 2007 in Federal Register/ Vol. 73, No. 48/ Tuesday, March 11, 2008). High elevation alpine wilderness areas appear to be preferred in summer, which tends to effectively separate most wolverine and human interactions. Aubrey et al. (2007) reported that virtually all of the wolverine records located in the Pacific states were within or near alpine areas. The essential component of wolverine habitat may be isolation and the total absence of disturbance by humans (Ruggiero 1994). However, Copeland et al. (2007) reported that unmaintained winter roads used for snowmobile access to trapping sites in the study area were frequently used for travel by wolverines.

The most critical and limiting habitat for wolverines seems to be acceptable natal denning habitat. Magoun and Copeland (1998) described two types of dens used by wolverines: natal and maternal. Natal dens are used during parturition and occur more commonly in subalpine cirque basins associated with boulder talus slopes. A maternal den is used subsequent to natal dens and before weaning occurs. They consist of a complex of dens associated with boulders or fallen trees.

Home ranges for adult wolverines tend to be large ranging from 38.5 square miles to 348 square miles (Banci 1994 in Federal Register Doc. 03-26475). Copeland (1996) radio collared wolverines in Idaho and reported annual home ranges of resident adult females averaged 148 square miles and an average of 588 square miles for resident adult males. A recent observation with photographs indicates wolverine are present in California (Zielinski, pers comm. 2008). Aubrey et al. (2007) found no current records in Oregon despite concerted efforts to obtain verifiable evidence of wolverine occurrence using remote cameras, bait stations, and helicopter surveys in many areas of the Pacific states. However, five verifiable records of wolverine presence in Oregon were documented from 1961 to 1994 (Aubrey et al (2007).

The proposed RV campground is not within any potential denning habitat and the year-round recreational activity in the Crescent Lake and Crescent Lake Junction area would likely preclude wolverine use of the area, if present on the Crescent District. Construction of a five acre campground/RV park in an area already impacted by a year-round resort facility is not expected to have any direct or indirect effects on wolverines. Project implementation would have “No Impact” on the California wolverine.

Pygmy Rabbit – This species typically occurs in dense stands of big sagebrush growing in deep loose soils (NatureServe 2008). This habitat type does not occur within the project area and construction and utilization of the RV campground would have “No Impact” on the pygmy rabbit.

Townsend’s Big-Eared Bat – This bat species has very large ears, two large fleshy lumps on its snout and has darker and shorter wings than other subspecies (NatureServe 2008). Maternity and hibernation colonies are typically in caves and mine tunnels. They roost almost exclusively in cavity roosts, both in human-made structures (that is, buildings, bridges and mines) and caves (Christy and West 1993). The species range extends from southwestern British Columbia, western Washington, western and central Oregon, and northwestern and west-central California. There are no known caves or mines on the Crescent Ranger District (L. Hickerson, pers comm. 2008) and there are no

34 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles documented reports of Townsend’s big-eared bats occurring on the district. The construction of an RV campground would have “No Impact” to the Townsend’s big-eared bat.

Crater Lake Tightcoil Snail - The Crater Lake tightcoil may be found in perennially wet situations in mature conifer forests, among rushes, mosses and other surface vegetation or under rocks and woody debris within 10 meters of open water in wetlands, springs, seeps and riparian areas, generally in areas which remain under snow for long periods in the winter. Riparian habitats in the Eastern Oregon Cascades may be limited to the extent of permanent surface moisture, which is often less than 10 meters from open water (Duncan et al. 2003). There is only one confirmed occurrence of the Crater Lake tightcoil on the Crescent Ranger District, found at the confluence of Princess Creek and in 1999. Because the project area does not include any wetland habitat the construction of an RV campground would have “No Impact” to the Crater Lake tightcoil snail.

Silver-Bordered Fritillary - This butterfly has a holarctic range extending from northern Canada southward into the United States and as far south as New Mexico (NatureServe 2008). While the species is common and widespread in northeastern Washington and northern Idaho, colonies are extremely local and isolated southward, and are particularly vulnerable to local extinctions. Only two primary colonies are found in Oregon, one at Big Summit Prairie on the Ochoco National Forest and one in the Strawberry Mountains Wilderness on the Malheur National Forest (Miller and Hammond 2007). Suitable habitat for this species is described as mostly wet meadows, marshes, bogs and more open parts of shrubbier wetlands (NatureServe 2008, Miller and Hammond 2007). This species is dependent on the maintenance of open and wet meadow habitats (Miller and Hammond 2007). Food sources for the adults include nectar sources such as composite flowers, including goldenrod and black-eyed susans (Opler et al. 2006). Because open marshes or open shrubby wetlands are not present in the RV campground area, construction would have “No Impact” to the silver-bordered fritillary.

Johnson Hairstreak - This butterfly is found from southwest British Columbia southward into the Coast Ranges to San Francisco in California; south in the Cascades and Sierra Nevada to Yosemite and also in the Blue Mountains of eastern Oregon. Opler et al. (2006) shows Johnson Hairstreak documentation for western and central Oregon plus the Blue Mountains in northeastern Oregon. The species is suspected to occur on the Deschutes National Forest but currently there is no confirmed documentation. Johnson’s hairstreak is believed to feed generally on all dwarf mistletoe species throughout its range, and to perhaps specialize on locally available dwarf mistletoes in specific localities (Miller per comm. 2008 cited by Schmitt and Spiegel 2008). The caterpillar food plant is western dwarf mistletoe. Adults find nectar on low growing plants such as whitethorn ceanothus and Mt. Hood Pussypaws (NatureServe 2008 and USDA, NRCS 2008). Dwarf mistletoes generally increase in incidence and intensity in older stands, although even young stands readily host dwarf mistletoes and maturing stands may be severely infected if they have been continually infected by a residual overstory (Schmitt and Spiegel (2008).

The construction of the project would require the estimated removal of approximately 50-100 trees less than eight in diameter some of which may be infected with mistletoe. However, dwarf mistletoe infection is widespread across the 300,000 plus acres of the Crescent Ranger District. Because of the limited scale of the project as proposed, RV campground construction would have “No Impact” to this species.

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Potential Effects on Listed Species and Critical Habitat Northern Spotted Owl

Environmental Baseline, Field Reconnaissance and Survey History The northern spotted owl was listed as a threatened species by the U.S. Fish and Wildlife Service in June 1990 and critical habitat was designated in 1992 with a final recovery plan released in 2008. Northern spotted owls generally require habitats of mature or old growth coniferous forest with complex structure. Nesting, roosting and foraging (NRF) habitat includes stands of mixed conifer, ponderosa pine with white fir understory and mountain hemlock with subalpine fir. On the Deschutes National Forest NRF habitat is defined as forested stands having a total canopy cover greater than or equal to 40 percent AND a canopy cover of at least 5 percent among trees greater than 21 inches in diameter. This definition assumes that the stand is multi-storied and contains some large trees 32 inches dbh or greater (USDA 2006 Programmatic BA). A maximum 6,000 foot elevational limit is also applied in defining NRF habitat since no nest sites have been found at or above this elevation. Nest sites are generally in cavities in the boles of dead or live trees however abandoned raptor nests, broken treetops, mistletoe brooms can be used as nest structures but generally less frequently. Foraging habitat consists of relatively heavy canopy structure with a semi-open understory. Prey species include flying squirrels, wood rats, tree voles and other small nocturnal or crepuscular creatures. Forsman et al. (2006) stated that northern spotted owl diets on the east-side forests showed northern flying squirrels make up about 40 percent of the owl diet in numbers of prey captures. He also stated that bugs represent 15 percent, other mammals 12 percent, red-back voles 10 percent, woodrats 8 percent, and rabbits and pikas 5 percent of their total prey captures. Surveys were not completed for this specific project, however three visit surveys to protocol were completed in 2003, 2004 and 2006 in the immediate vicinity of Crescent Lake and the project area but did not result in any new spotted owl detections. As of June 2009 the nearest spotted owl territories are located approximately five miles west of the project area (Crescent Lake territory) and approximately four miles northeast (Royce Mountain territory). Field reconnaissance conducted on June 19, 2009 of the proposed five acre RV park/campground confirmed the site is within a mature lodgepole pine plant association and does not have the capability to become NRF habitat in the short- or long-term. The largest trees are about 12 inches diameter although most are in the six to eight inch range and a second canopy layer is developing consisting of lodgepole pine, white fir, and a very few ponderosa pine. Currently, the stand would meet the definition of spotted owl dispersal habitat having greater than or equal to 30 percent canopy and a stand diameter of seven inches. However, bark beetles have killed some of the largest lodgepole pine trees and are continuing to attack the live trees on this site. It is expected increasing tree mortality would reduce overall canopy cover below the dispersal definition minimums in a few years time and long before the understory would develop into large enough diameter and canopy to provide dispersal habitat. Northern Spotted Owl Critical Habitat Unit The U.S. Fish and Wildlife Service approved the Final Northern Spotted Owl Recovery Plan on May 13, 2008. The Recovery Team recognized that spotted owl landscapes were different across the species entire range and formulated a different approach for the dry forest landscapes. They stated that active management is needed to create more fire resilient and fire resistant forests. They also recommended that treatments to reduce risk should be done in the larger context of restoring broader ecological functions and processes. However, the landscape management approach for the east-side provinces, identified in the 2008 Final Recovery Plan was not incorporated into the Final Rule (Federal Register Vol. 73, No. 157, August 13, 2008) because it can not be translated into critical habitat at this time, until the new approach call for the by Recovery Plan is further defined. In the

36 Crescent Lake Resort Environmental Assessment Accommodation for RV Vehicles east-side provinces the areas identified for designation in the proposed critical habitat (72 FR 32450) based on the Option 1 Managed Owl Conservation Areas (MOCAs) in the 2007 draft recovery plan are finalized in this rule. The MOCAs represent the most current delineation of specific areas that provide the physical and biological features essential to the conservation for the northern spotted owl in that region. The Final Rule (Federal Register Vol. 73, No. 157, August 13, 2008) designated the Eastern Oregon Cascades as Unit #11 and is comprised of five areas that total 106,600 acres in Jefferson, Deschutes and Klamath counties as land managed by the Deschutes National Forest. One of the areas is located on the Crescent Ranger District and is very similar in boundaries as the previous Critical Habitat Unit CHU OR-07 identified in the Draft Recovery Plan from 1992 (USDI 1992). Direct/Indirect/Cumulative Effects and Determination Field reconnaissance determined there is no NRF habitat in the area proposed as an RV campground next to the Crescent Lake Resort. The felling of approximately 50-100 lodgepole pine trees would likely remove enough canopy cover that this site would no longer meet the dispersal habitat definition used on the Deschutes National Forest. However, connected dispersal habitat is still present through the resort area and the east side of Crescent Lake. There would be no impact on NRF or dispersal habitat on the western side of the lake where the nearest spotted owl territory is located. This analysis concludes the construction of an RV campground would have no direct, indirect, or cumulative impacts to the northern spotted owl. Therefore, the Crescent Lake Resort RV campground development would have “No Effect” on the northern spotted owl. In addition, the planned development area is located greater than 2.5 miles to the nearest boundary of the 1992 designated CHU (OR-07) or the nearest MOCA as defined in the Final Rule for Critical Habitat designation (Federal Register Vol. 73, No. 157, August 13, 2008). Consequently, there would be no direct, indirect, or cumulative effects to any constituent habitat elements of critical habitat. Therefore, proceeding with the construction of the Crescent Lake RV campground would have “No Effect” on northern spotted owl critical habitat. Compliance with the FY2006-2009 Programmatic Biological Assessment CRITERIA: A. All NWFP land allocations and Critical Habitat 1. Disruptive work activities (i.e. chainsaw, heavy equipment, etc.) will not take place within 1/4 mile (see Table 17 for helicopter distances or 1.0 mile for blasting) of the nest site or activity center of all known pairs or resident singles between March 1 and September 30. If activities occur within the nesting period, further consultation is required. The boundary of the 1/4-mile area may be modified by the District Wildlife Biologist based on topographic breaks or other site-specific information (generally, a 125-acre area will be protected). This condition may be waived in a particular year if nesting or reproductive success surveys reveal that spotted owls are non-nesting or that no young are present that year. Waivers are valid only until March 1 of the following year. 2. Work will occur outside restriction periods unless emergency work is warranted (trees falling on power lines, hazard tree poses immediate threat to people or facilities, etc.). Emergency consultation will be required at this point. 3. Hazard trees will not be removed unless down wood needs per the LSR Assessment or LRMP as amended are met. Down wood assessments will be made in the immediate project area to determine down log needs and hazard trees will be felled and left to meet goals for that vegetation type.

Exceptions to the above PDC will be determined on a case-by-case basis.

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4. If hazard trees pose a liability to recreation residences, private landowners, campgrounds, or special use permittees, hazard trees may be felled. Removal of cut hazard trees in recreation residences and campgrounds will be determined on a case-by- case basis, however, generally recreation residences and campgrounds are not managed for spotted owl habitat. 5. All projects that are within suitable nesting, roosting, and foraging (NRF) habitat will be surveyed to regional protocol (USFWS 1992) prior to habitat-disturbing activities or seasonal restrictions will be implemented. 6. Prescribed fire managers need to use smoke management forecasts in order to minimize smoke entering into suitable habitat and to ensure that dissipation would be adequate during the nesting season. 7. Options for reducing hazards will be explored: topping, closing or moving sites, etc.

There is no NRF habitat within the planned campground area and the nearest spotted owl activity center is greater than four miles from the development site. The project meets this PDC. B. Within CHUs (which may include LSRs or Matrix) 1. Project activities will not remove, downgrade, or degrade the primary constituent elements for critical habitat. The physical and biological features include but are not limited to the following: (a) Dispersal - space for individual and population growth, and for normal behavior; (b) Foraging - food, water, or other nutritional or physiological requirements; (c) Roosting - habitat or shelter; (d) Nesting - sites for breeding, reproduction, rearing of offspring; (e) Connectivity/fragmentation - habitats that are protected from disturbance or are representative of the historical, geographical, and ecological distributions of the species. 2. All vegetation manipulations within plant associations that are capable of promoting present or future NRF habitat need to promote the development of late-successional and old-growth conditions. Consider spatial and temporal aspects of suitable habitat development (i.e. cycling, large tree character, allowing the understory to develop when appropriate, etc.). 3. All projects must meet objectives for dead and down woody material by PAG as outlined in the desired LSR condition white paper. 4. Forested stands not capable of becoming NRF habitat should be managed to provide dispersal habitat (depending on PAG) within Critical Habitat Units. This will be updated as habitat management strategies evolve.

The campground development area is not located within spotted owl critical habitat. The project meets this PDC.

C. Matrix (outside of Critical Habitat Units) 1. Maintain 100 acres of NRF habitat (core area) around all known (as of January 1, 1994) activity centers. Where adequate NRF habitat is not available, retain all NRF habitat and the next best available habitat to meet the 100-acre minimum. 2. Landscape areas where little late-successional forest persists should be managed to retain the remaining late-successional forest. Maintain all late-successional patches in fifth field watersheds in which federally managed forest lands are currently comprised of 15%

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or less late-successional forests; this should be calculated using all land allocations within the watershed. 3. Maintain dispersal habitat between 100-acre core areas and LSRs to provide connectivity. 4. Maintain all existing NRF habitats for connectivity. 5. Promote climatic climax late-successional and old growth habitat within those plant associations capable of sustaining NRF habitat. 6. On lands not capable of becoming NRF, but capable of sustaining fire climax late- successional and old growth habitats for other species than the spotted owl, apply silvicultural treatments to promote that development of habitat. 7. Maintain 100 acres of NRF habitat (core areas) around all newly discovered activity centers.

The project is not within NRF habitat, spotted owl core areas, and does not disrupt dispersal habitat connectivity between 100 acre core areas and LSRs. The project meets this PDC. Potential Effects on Sensitive Wildlife Species.

Bald Eagle – The northern bald eagle was officially de-listed as a federal threatened species on August 8, 2007. The Federal Register (Vol. 72, No. 130/Monday July 30, 2007) stated the bald eagle has made a dramatic resurgence from the brink of extinction. The banning of DDT, coupled with cooperative conservation efforts of the Service, States, other Federal agencies, non-government organizations, and individuals, have all contributed to the recovery of our National symbol. While the bald eagle has been de-listed they are still protected under the Bald and Golden Eagle Protection Act of 1940. This law provides for the protection of bald eagles and the golden eagle by prohibiting the take, possession, sale, purchase, barter, offer to sell, transport, export or import, of any bald or golden eagle, dead or alive, including any part, nest, or egg, unless allowed by permit (16 U.S.C. 668(a); 50 CFR 22). The U.S. Fish and Wildlife Service (2007) has prepared Bald Eagle Management Guidelines to help landowners, land managers, and others to meet the intent of this Act. In addition, monitoring of selected bald eagle nest sites will continue to occur including sites on national forest system lands. As of March 2008, a long-term monitoring strategy is still being finalized.

The Deschutes National Forest LRMP also provides direction for the management of habitat through the designation of Bald Eagle Management Areas (BEMAs). Management direction in the Deschutes LRMP for BEMAs permits pre-commercial thinning and timber harvest to achieve eagle habitat objectives. In catastrophic situations all efforts are to be made to protect or create suitable eagle habitat (Deschutes LRMP M3-4, 5, 6, 7 page 4-94). It also calls for protection of all existing nest, roost, and perch trees which are defined as 110 feet in height and 40 inches or greater in diameter (Deschutes LRMP M3-11, 12, page 4-95). Site specific BEMA plans have also been prepared by district personnel for nest sites near Wickiup Reservoir, Davis Lake, Crescent Lake, and Odell Lake.

Bald eagle nests are usually located in multi-storied stands with old growth components and are near bodies of water, which support an adequate food supply (USDI, USFWS 1986). Food sources consist of mammalian carrion, fish, ground squirrels and birds. Nests are generally located in the largest, live trees in the area with the tree canopy covering nests to varying degrees. The species of tree doesn't seem to be as important as tree size, branch form, and location. Nest trees typically provide an unobstructed view of a body of water and are often located in prominent places on the topography. They have been known to be located on cliffs and man-made structures (USDI, USFWS 1986).

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There are two bald eagle nesting territories located on Crescent Lake (Tranquil Cove and Crescent Lake) with a pair on the eastern and western side of the lake. Both nest sites are greater than 2 ½ miles from the planned campground/RV development. During the winter months bald eagles are commonly seen perched in old growth ponderosa pine and Douglas-fir trees along the shoreline of the lake including sites near the dam and resort. It is assumed the eagles also fly between foraging sites on nearby Odell Lake and Davis Lake and use Crescent Creek as a flyway between the lakes.

There are two designated Bald Eagle Management Areas (BEMAs) on Crescent Lake encompassing the nesting territories of each pair. Each BEMA is greater than one mile away from the planned RV campground.

Direct/Indirect/Cumulative Effects and Determination While incidental observations of bald eagles may occur along Crescent Creek, nesting and roosting along the creek nearest the development area is unlikely because of the small diameter trees. The construction of the RV campground and associated use from early May until mid-late October each year is not expected to have direct, indirect, or cumulative effects since no nesting, foraging, or roosting sites are known to occur in the vicinity of the planned campground. Project implementation would have “No Impact” on the bald eagle.

Botany and Invasive Plants ______A botanical field check was conducted to determine if habitat or occurrences exist for Proposed, Endangered, Threatened, or Sensitive (PETS) vascular and non-vascular plant species for the proposed RV campground at the Crescent Lake Resort. The field check was also used to determine if noxious weeds were present within the area. The proposed RV campground area was previously surveyed for PETS plants and noxious weeds prior to 2004 as part of a timber sale within the general area. The botanical report from that survey indicated that no Sensitive plants or noxious were found within the area.

Methods and Results A botany field check was conducted through the area proposed for the RV campground on June 18, 2009 by the District Botanist. The overstory composition of the site consisted of lodgepole pine (Pinus contorta) and Ponderosa pine (Pinus ponderosa), with a sparse understory of manzanita (Arctostaphylos patula and A. nevadensis), and chinquapin (Castanopsis chrysophylla). Common herbaceous vegetation included upland sedges (Carex inops and C. rossii), prince’s pine (Chimaphila umbellata), and ground mosses (Polytrichum juniperinum and Ceratadon sp.). No occurrences of invasive plants or Protected, Endangered, Threatened, and Sensitive plant species were observed during the botanical field check.

Determination: There will be no impacts to any Proposed, Endangered, Threatened, of Sensitive plant species from the proposed project.

Alternative A: There would be no change from the current condition.

Alternative B: Equipment and ground disturbing activities have the potential to introduce invasive species. Project Design Features address have been added to offset this potential. Prevention is the strategy to be used and ongoing monitoring of the site for invasive species would continue, post implementation.

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Soil Quality______The Deschutes National Forest Soil Resource Inventory (1976) indicates the physiographic area for the Crescent Lake Resort is High Flanks-Cascades, thus the rugged and scenic area is dominated by glacial landforms. Soils within the analysis area have developed under the influence of local geologic parent materials, topography, annual precipitation and associated vegetative communities. Soil types within the analysis area dominated by PA (landtype components 2B, 9G, 9Z) and PD (landtype components 2B, 9J). These are both defined as: landtypes have well to excessively drained soils derived from a thick to very thick pumice and volcanic ash mantle over older soils on glacial till. Surface soils are typically pumiceous loamy coarse sands, and subsoils are pumiceous sands and sandy pumice. Permeability is very rapid in the pumice and ash layers and rapid to moderate in the buried soils, the unweathered till has slow to moderate permeability.

Alternative A: There would be no change from the current condition.

Alternative B: The construction activities would increase detrimental soil conditions within the construction footprint (less than 5 acres). Loss of vegetation and compaction/displacement of soil would be considered an irretrievable commitment of resources. Consistencies______

Clean Water Act Crescent Creek is listed on the 303(d) list as “Water Quality Limited” by the Oregon Department of Environmental Quality for temperature exceeding State guidelines. Proposed activities are approximately 350 feet from the nearest water and outside the Riparian Reserve boundary. In addition, the soil is well drained and relatively flat. No vegetation that provides shade to Crescent Creek would be removed. All RV vehicles would be self contained with ‘on demand’ portable septic pumping provided.

Therefore, there would be no effect to water quality or the parameter for which the stream is listed. Also, the project has been determined to be consistent with the Deschutes Land and Resource Management Plan, as amended, by the Northwest Forest Plan Record of Decision for the Aquatic Conservation Strategy (ROD, B-9) by meeting the nine objectives, as well as Key Watershed Standards and Guidelines found in the ROD, C-7.

Clean Air Act There is potential to dispose of cleared vegetation after any potential forest products are utilized. The material to be disposed would likely be hauled off site and burned. The proposed action would be consistent with the Clean Air Act. The Oregon Department of Environmental Quality (DEQ) is responsible for assuring compliance with the Clean Air Act. In 1994, the Forest Service, in cooperation with the DEQ, the Oregon Department of Forestry and the Bureau of Land Management, signed a Memorandum of Understanding (MOU) to establish a framework for implementing an air quality program in northeast Oregon. All prescribed burning is coordinated with the DEQ through the State of Oregon smoke management program. Any burning would be conducted in compliance with the State of Oregon Smoke Management System and would meet smoke management objectives for total emissions.

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Other Disclosures ______

1. Wetlands and Floodplains Executive Orders 11988 and 11990 direct Federal agencies to avoid, to the extent possible, both short-term and long-term adverse impacts associated with the modifications of floodplains and wetlands. No wetlands or floodplains would be affected by the proposed action.

2. Civil Rights and Environmental Justice Civil Rights legislation and Executive Order 12898 (Environmental Justice) direct an analysis of the proposed alternatives as they relate to specific subsets of the American population. The subsets of the general population include ethnic minorities, people with disabilities, and low- income groups. The proposed action would not pose a high or adverse effect to those populations.

3. Prime Lands (Farm, Range, and Forest) There are no lands within the boundaries of the Deschutes National Forest that meet the definition of prime farmland, or are considered prime farmland as discussed in the Deschutes LMRP. National Forest Land is generally not considered “prime” forestland. This project, therefore, would not affect prime lands.

4. Reasonably Foreseeable Future Actions with Potential to Affect the Project Area The Travel Management Rule which would limit motorized travel to designated routes on the Ochoco and Deschutes National Forests and Crooked River Grasslands is expected in 2010. The Three Trails Off-Highway Vehicle (OHV) project which is adjacent to the project area would designate routes prior to or at the same time the Travel Management Rule is in place. Since the Rule and Three Trails mainly deal with access and this project does not change the way visitors access the forest, there have been no additive effects. Regarding effects related to use, page 16 of this assessment discloses the potential for increased visitation related to that project.

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CONSULTATION AND COORDINATION

Interdisciplinary Team Members: Lillian Cross Kevin Carlson Writer/Editor Fire/Fuels Specialist

Paul Miller Joe Bowles Wildlife Biologist Silviculturalist

Leslie Hickerson Rick Cope Archaeologist Hydrologist

Christina Veverka Ken Kittrell Botanist Transportation Planner

State Agencies Mathew Diederich, SHPO Archaeologist, Oregon State Historic Preservation Office, Salem, OR.

Tribal Consultation Mr. Gerald Skelton, Mr. Ron Suppah Director of Culture and Heritage, The Confederated Tribes of Warm Springs The Klamath Tribes Ms. Wanda Johnson Mr. Joe Kirk The Burns-Paiute Tribe Tribal Chairman The Klamath Tribes Ms. Theresa Peck The Burns-Paiute Tribe Ms. Sally Bird, The Confederated Tribes of the Warm Springs

Other Interested Citizens and Businesses Crescent Lake General Store Kim & John Matkowski Odell Lake Resort Jon Ditgen, Manleys Tavern, Maury Anderson Crescent Lake Resort Willamette Pass Inn Tom & Lori Forstelle

Cascade Realty KJ’s Cafe Linda Barron Kim & John Matkowski

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Odell Sportsman Center Mark Bolten

Crescent Lake Realty, Inc.

Shelter Cove Resort Jim & Trula Keilblock

Hoodoo Recreation

Tim Stacklie Craig Kerr Diane and Walt Corvington Bill and Judie Wilson William & Marilyn Kennedy Sherry Amati Ann and Brian Smith Don Weick Terry Dodson Ben Sunderland