Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Division Grandview Bridge Rehabilitation Project

Clean Water Act Requirement Language: This Opinion is also intended to address section 7 consultation requirements for the issuance of any project-related permits required under section 404 of the Clean Water Act. Use of this letter to document that the Army Corps of Engineers (Corps) has fulfilled its responsibilities under section 7 of the Act is contingent upon the following conditions: 1. The action considered by the Corps in their 404 permitting process must be consistent with the proposed project as described in the Assessment such that no detectable difference in the effects of the action on listed species will occur. 2. Any terms applied to the 404 permit must also be consistent with conservation measures and terms and conditions as described in the Assessment and addressed in this letter and Opinion.

Migratory Bird Treaty Act:

The Migratory Bird Treaty Act of 1918, as amended (Treaty Act), provides protections to any migratory bird as identified within the Treaty Act. Section 703 of the Treaty Act prohibits the taking of any migratory bird at any time, by any means, or in any manner, and does not provide provisions for take that is incidental to an otherwise legal action. The lack of an incidental take provision requires action agencies to implement avoidance measures that will eliminate and/or minimize adverse effects to migratory birds. The Treaty Act further protects the occupied nests of migratory birds, protecting migratory birds occupying such nests as well as their eggs. The following provides a summary of the migratory birds which will likely seasonally utilize the Grandview Bridge, as well as recommended measures by which the Administration and its contractors can avoid adverse effects that would be in violation of the Treaty Act.

Photograph numbers 4-5 in the Assessment display cliff swallow (Petrochelidon pyrrhonota) nests beneath the perimeter of the bridge deck and individuals in flight near the bridge, respectively. Service observations of other bridges over the suggest that the presence of barn swallow (Hirundo rustica) nests are also likely between the girders beneath the bridge (USFWS 2013). Both species are protected under the Treaty Act.

The number of nests likely varies by year and by location. Service observations of the I-84 Twin Bridges near Declo, Idaho, in July, 2013 (USFWS 2013) indicated as many as 2,100 pairs of cliff swallows and 165 pairs of barn swallows beneath the two bridges, each nest of which could be expected to produce as many as 4 to 7 eggs, respectively. Cliff swallows typically arrive in Idaho by mid-April and have been recorded to have laid eggs by May 7; they typically produce one brood of young and have finished using nests by mid-July. Barn swallows arrive by April and may produce 2 clutches of eggs with as many as 7 per clutch, and utilize nests until as late as mid- August. Both species will utilize old, existing nests, but can complete construction of a new nest within 6-7 days.

The Treaty Act provides protection to both migratory birds as well as their occupied nests and as such, bridge repair work needs to take into account the arrival and breeding season of both cliff and barn swallows. Any form of nests destruction/removal should occur prior to the arrival of

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Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Table of Contents

1. BACKGROUND AND INFORMAL CONSULTATION ...... 1 1.1 Introduction ...... 1 1.2 Consultation History ...... 1 2. BIOLOGICAL OPINION ...... 3 2.1 Description of the Proposed Action ...... 3 2.1.1 Action Area ...... 3 2.1.2 Proposed Action ...... 4 2.2 Analytical Framework for the Jeopardy and Adverse Modification Determinations ...... 18 2.2.1 Jeopardy Determination ...... 18 2.3 Status of the Species ...... 19 2.3.1 Listing Status ...... 19 2.3.2 Species Description ...... 19 2.3.3 Life History ...... 20 2.3.4 Status and Distribution ...... 24 2.3.5 Conservation Needs ...... 25 2.4 Environmental Baseline of the Action Area ...... 26 2.4.1 Status of the Species in the Action Area ...... 26 2.4.2 Factors Affecting the Species in the Action Area ...... 28 2.5 Effects of the Proposed Action ...... 29 2.5.1 Direct Effects of the Proposed Action ...... 31 2.5.2 Indirect Effects of the Proposed Action ...... 32 2.5.3 Effects of Interrelated or Interdependent Actions ...... 33 2.6 Cumulative Effects ...... 34 2.7 Conclusion ...... 35 2.8 Incidental Take Statement ...... 36 2.8.1 Form and Amount or Extent of Take Anticipated ...... 36 2.8.1.1 Effect of the Take ...... 37 2.8.1.2 Reasonable and Prudent Measures ...... 37 2.8.1.3 Terms and Conditions ...... 37 2.8.1.4 Reporting and Monitoring Requirement ...... 37

i Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

2.9 Conservation Recommendations ...... 38 2.10 Reinitiation Notice ...... 38 3. LITERATURE CITED ...... 40 3.1 Published Literature ...... 40 3.2 In Litteris References ...... 42 3.3 Personal Communications ...... 43

List of Tables Table 1. Construction Timing ...... 12 Table 2. Temperature ranges for onset of egg-laying of some species in the United States and Europe (McMahon 1975)...... 21 Table 3. Project effect determinations for all species. Programmatic Biological Assessment: Statewide Federal Aid, State, and Maintenance Actions. Idaho Transportation Department, March 2010...... 31

List of Figures Figure 1. Vicinity map of Grandview Bridge project area...... 4

ii Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

1. BACKGROUND AND INFORMAL CONSULTATION

1.1 Introduction The U.S. Fish and Wildlife Service (Service) has prepared this Biological Opinion (Opinion) of the effects of the Grandview Bridge Rehabilitation Project on the Snake River physa snail (Haitia (Physa) natricina) (Snake River physa). In a letter dated and received on September 9, 2014, the Federal Highway Administration (Administration) requested formal consultation with the Service under section 7 of the Endangered Species Act (Act) of 1973, as amended, for its proposal to implement the proposed action. The Administration determined that the proposed action is likely to adversely affect the Snake River physa. As described in this Opinion, and based on the Biological Assessment [Bionomics Environmental 2014 (Assessment)] developed by the Idaho Transportation Department (ITD) and its consultant, as well as the ITD Programmatic Biological Assessment: Statewide Federal Aid, State, and Maintenance Actions [ITD 2010 (Programmatic Assessment)] and the Service’s Biological and Conference Opinions [(USFWS 2010 (Programmatic Opinions)] for the Idaho Transportation Department Statewide Federal Aid, State, and Maintenance Actions, the Service has concluded that the action, as proposed, is not likely to jeopardize the continued existence of the Snake River physa. The Administration determined that the proposed project will have no effect on the threatened Bliss Rapids snail (Taylorconcha serpenticola), Canada lynx (Lynx canadensis), bull trout (Salvelinus confluentus) or bull trout designated critical habitat, or the yellow-billed cuckoo (Coccyzus americanus) or its proposed critical habitat, and no effect on the endangered Bruneau hot springsnail (Pyrgulopsis bruneauensis). The Administration also determined that the proposed project will have no effect on slickspot peppergrass (Lepidium papilliferum), currently proposed for listing as threatened, or on its proposed critical habitat. The Service acknowledges these determinations.

1.2 Consultation History The Service has maintained open communication with ITD regarding the project since March, 2012. During that time, the Service has had meetings with ITD, provided recommendations, and forwarded information needs. ITD has responded to these requests, and provided needed information in correspondence and telephone calls to the Service. March 1, 2012: Email from ITD of upcoming repairs being planned on the Grandview Bridge on the Snake River, and requesting scoping information regarding potential project impacts to listed species. April 4, 2014: Email from ITD requesting a meeting regarding the Grandview Bridge project, accompanied by a project description and preliminary plans and map. April 7, 2014: Email exchange between ITD and the Service agreeing to a meeting to discuss the project. Includes ITD’s statement that previous discussion

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with the Service led to the decision to forego listed snail surveys (i.e., Snake River physa), acknowledge they are present, and ITD would proceed with a biological assessment. April 21, 2014: Meeting to discuss the project among ITD, the Service, Forsgren Associates, Inc., and Bionomics Environmental, Inc. July 2, 2014: Receipt by the Service of a draft biological assessment for the Grandview Bridge Rehabilitation project. July 21, 2014: The Service provided comments to the draft biological assessment. September 9, 2014: The Service received a final biological assessment for this project from the Administration. September 26, 2014: The Service acknowledged receipt of the Administration’s biological assessment, and advised we would provide them with our biological opinion on or before January 22, 2015. November 25, 2014 Phone conversation and email exchange among the Service, ITD, Forsgren Associates, Inc., and Bionomics Environmental, Inc., to develop a Best Management Practice at the request of the Service for a hazardous material after the initiation of formal consultation.

2 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

2. BIOLOGICAL OPINION

2.1 Description of the Proposed Action This section describes the proposed Federal action, including any measures that may avoid, minimize, or mitigate adverse effects to listed species or critical habitat, and the extent of the geographic area affected by the action (i.e., the action area). The term “action” is defined in the implementing regulations for section 7 as “all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas.” The term “action area” is defined in the regulations as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action.” 2.1.1 Action Area The project area and Grandview Bridge are located in Elmore and Owyhee counties on State Highway 167 at milepost 0.793—less than a mile north of the city limits of Grand View, Idaho (Figure 1). At this location, the highway crosses the Snake River near River Mile (RM) 486.23. The bridge lies along the margin of 2 sections and is therefore bisected by the NW ¼ of the NW ¼ of Section 15 and the NE ¼ of the NE ¼ of Section 16 T5S R3E Grandview, Idaho. Grandview Bridge is located about 7.8 river miles downstream of C.J. Strike Dam (RM 494), and about 16.8 miles upstream of Swan Falls Reservoir (RM 469.4). This section of the Snake River is termed the C.J. Strike Reach. The action area for this project includes both riverine and terrestrial components. The riverine action area is defined as the entire width of the Snake River 200 feet upstream and 600 feet downstream from where the bridge crosses the river. This portion of the action area is chosen as the area within the Snake River where all sediments would likely be contained if not captured by means outlined in the appropriate Best Management Practices (BMPs). Additional riverine components of the action area include river access at a boat ramp owned by the City of Grand View and located about 1,300 feet upriver from the bridge, and a privately owned access area located < 20 feet downstream from the bridge. It is anticipated that barges and boats needed for the project will usually be launched from the Grand View boat ramp. If the privately owned site is used, portions of that area > 150 feet from the river may be used for light staging activities. Since flows in the Snake River are expected to fluctuate over the course of the project, the riverine portions of the action area are defined to include the maximum area wetted by fluctuating flows during the project period. All other staging not conducted near the privately owned access area, plus all waste disposal, will occur either in the gravel pit that is in the W ½ of NW ¼ of Section 15 Township 5S 3E, Grand View, Idaho, or another similar location nearby. This gravel pit is privately owned, and is > 10 acres in size. Portions that are closer than 150 feet to the river will not be used for staging or waste disposal, but this still leaves the >10 acre area to work in. Staging will include storage of heavy equipment and materials. Additionally, the area will be used for refueling and repair of vehicles, contractor parking access, and general operations and management activities. Waste disposal will occur in a manner that is in compliance with applicable regulations. The staging area for out-of-water work will be at least 150 feet away from the river, and all work performed

3 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project in the out-of-water staging area will conform to the BMPs (see Section 2.1.2). This staging area lies within the following legal description: W ½ of NW ¼ of Section 15 T5S R3E Grand View, Idaho.

Figure 1. Vicinity map of Grandview Bridge project area.

2.1.2 Proposed Action The Idaho Transportation Department (ITD) is planning to repair the bridge between Elmore and Owhyee Counties in Grand View, ID at MP 0.793 in order to reduce hazards and improve the safety of the bridge. The existing bridge is a 614-foot long pre-stressed girder bridge with cast- in-place concrete deck built in 1970. It has 5 piers with 14 piles per pier (total of 70 piles). It is in generally good condition, except for the pier pile encasement and pier caps. The steel portion of the H-piles is exposed below the concrete casing on the bents. Several of the girders have minor spalling (broken sections) at the ends. The anticipated bridge deck and superstructure repairs include removing the surface of the bridge deck and placing a silica fume concrete overlay, sealing the rails with silane/siloxane, replacing the expansion joints, and patching the spalling in girder ends and flanges. The anticipated substructure repairs include patching the pile caps and enclosing the concrete encased steel piles at the piers with fiberglass reinforced plastic jackets and pressure-grouting them.

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Silica Fume Concrete Deck Overlay Approximately 1.5 inches of concrete from the upper portion of the bridge deck will be removed. Hydrodemolition or mechanical means will be used to remove the defective portions of concrete. Hydrodemolition removal will be performed with equipment that is self-propelled with a high pressure water jet stream capable of removing concrete to the specified depth and capable of removing rust and concrete particles from reinforcing steel. Shielding will be provided to ensure containment of dislodged material within the removal area. Runoff of water and residual material will be collected and disposed of offsite complying with applicable regulations. A vacuum system or other method capable of removing wet debris and water runoff will be used to clean the hydrodemolished areas. The deck will then be blown dry with air to remove the excess water. Mechanical removal will be performed by use of power operated diamond grinding machinery, or by the use of jackhammers having a rating of not more than 30 pounds. The dislodged material will be collected and disposed of offsite complying with applicable regulations. The deck will be wetted and kept moist for at least 12 hours. Then a bonding coat of the silica fume modified concrete will be broomed onto the prepared surface. Silica fume modified concrete will be placed on the deck and finished with a self-propelled finishing machine. The finished overlay will be covered with burlap and wet-cured for 4 days. Concrete removal and placement of concrete overlay is expected to take approximately 3 weeks for each of the 2 phases of work. The process of the silica fume concrete deck overlay may result in the need to confine, remove, and dispose of excess concrete, cement, and other mortars or bonding agents. These will be disposed of in an appropriate manner in the staging and waste disposal area, described on page 3. The hydrodemolition methods, application methods for the silica fume modified concrete and the silica fume modified concrete finished overlay, and the associated BMPs (see Erosion and Sediment Control Plan (Including Spill Prevention Plan), this section), are consistent with those described in pages 13-14 of the Programmatic Assessment. Bridge Rail Sealing A penetrating water repellent system will be applied to the interior sections (inward facing surfaces) of the concrete parapet rails. This means that the application will not include the top of the rails or the exterior portions of the rails, and that all surfaces treated in this manner would be contained within the upper portion of the bridge. The system will consist of a solution of silane or siloxane and be spray-applied. The parapet surface will be sandblasted prior to the application of the penetrating water repellent. Preparing the surface and sealing the parapet is expected to last about one week. Application of the water repellent system and the associated BMPs are consistent with those described in pages 17-18 of the Programmatic Assessment for Concrete Waterproofing Systems, Type C. Expansion Joint Replacement, Girder End and Pile Cap Repair Repairs to the bridge include replacing the expansion joints and repairing the girder ends and pile caps. Existing expansion joints will be removed by jack-hammering out a section of the deck near each pier using jackhammers having a rating of not more than 30 pounds. This section of the deck will be recast with a new joint system and the concrete overlay. Deteriorated sections of the concrete girder ends and pile cap will be cleaned and new concrete will be placed. The

5 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project deteriorated concrete will be chipped out to a depth of about one to two inches and then the area surrounding the deteriorated section will be saw-cut to provide an even thickness at the edge for the repair concrete. The surface will be sandblasted to clean the surface of dust and dirt. A bonding agent, similar to epoxy grout used in the fiberglass jackets on the piles (see next section), will be applied at the pier caps to provide a bonding surface for the repair concrete; repair concrete will then be placed to bring the concrete member back to the original shape. Removing a portion of the concrete diaphragm between girders may be necessary to access the girder ends to perform the repair. This removal will be accomplished by sawcutting, jackhammering (rating < 30 pounds) or a combination of those methods. After the girder end repairs are performed a new concrete diaphragm would need to be formed and poured. An estimated total volume of 3 cubic yards of concrete will be used on girder end and pile cap repairs. BMPs, including the turbidity curtain will be used to minimize the impact of the sand and concrete debris falling into the water. The process of the expansion joint replacement, girder end and pile cap repairs may result in the need to confine, remove, and dispose of excess concrete, cement, and other mortars or bonding agents. Pile Repair The bridge has 70 piles grouped into 5 piers, with 14 piles per pier. Sections of the piles requiring repair exist both above and below the water surface. The piles are concrete on the outside with an “H” shaped steel beam in the center providing structural integrity. They are referred to as H piles. Pile cleaning and repair will be conducted in sequence from pier to pier, moving to the next pier when work is done on the first. However, cleaning may initiate on a second pier while the repair is being completed on the first. A turbidity curtain will be utilized during underwater work to minimize the travel of sediment plumes and to contain and prevent chemicals that would elevate pH from moving downriver. In order to access the in-water work, a barge will be used, and will require a boat to transport equipment and construction staff to and from the barge. Pile Cleaning The piles will be cleaned to remove loose delaminated concrete and other deleterious material. The cleaning will be done using the following tools: a hand-held rotary grinder, an air actuated chipping gun and needle scaler, and a 7000 psi pressure washer. Cleaning of the piles at each pier is expected to last 7 days for a total duration of 8 weeks for cleaning all of the piers. Material removed will include marine growth, mud, rust, micro-organisms, loose and delaminated concrete, and any other deleterious material. This material will fall into the river. Larger portions of the debris ≥ 12 inches diameter will be removed from the river bottom and disposed of in an approved upland location. Smaller portions of concrete < 12 inches in diameter will be left to be incorporated into the channel sediment. Minimal vibratory impacts are anticipated. Pile Repair Pile repair involves use of materials (epoxy grout, epoxy paste, and/or epoxy gel) that are known to raise pH when introduced to water (Fitch 2003). These materials are used to fill and seal a fiberglass-reinforced plastic (FRP) jacket around each pile as a means of repairing deterioration or scouring on the pile. Under the Idaho Procedures Act standards (IDAPA Idaho Code

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58.01.02.250.01.a) pH values for surface waters must remain between 6.5 and 9.0. The enclosed nature of the FRP jacket combined with the process, described below, by which it is filled and the enclosed means by which grout-contaminated water generated during filling of the jacket is delivered to containers, is a project component that qualifies as a BMP that minimizes contact of these materials with river water. Further detail on the FRP jacket as a BMP is given in the Erosion and Sediment Control Plan (Including Spill Prevention Plan) under In-stream and Underwater Project Components. After the piles are cleaned, a permanent FRP jacket will be sealed around the concrete-encased H pile and epoxy grout will be pumped through the jacket to replace any concrete lost to deterioration or scouring. This will occur by placing the jacket with approximately a ½ inch gap between the existing concrete and the jacket for the grout to fill. This FRP jacket will have either 1 or 2 seams. The FRP jacket will be sealed at the seam(s) with epoxy paste or gel, and at the base with a foam seal, and secured with ratchet straps. Epoxy grout will then be pressure- injected at the base of the pile to a height of 1 foot and allowed to set. Once this basal grout sets, the FRP jacket will be completely sealed—both along the seam(s) with epoxy paste or gel and at the base with epoxy grout and the foam gasket. All ports will be sealed except for the 2 operating ports. The ports in use will be 1) that which has the grout pressure-injected and 2) that which is used to collect all displaced water and chemicals. The epoxy grout, which has greater density than water, will then be pressure injected at the lower port, while a water/chemical slurry gets displaced at another port above into a collecting hose/tube as it is displaced, and disposed of in an approved manner in an upland location (see Hazardous Waste and Materials under the Erosion and Sediment Control Plan (Including Spill Prevention Plan). The epoxy grout will be pressure injected from the base upwards at various ports on the jacket until the entire space between the jacket and the pile is filled. As the internal space fills from the bottom upwards, lower ports will be closed and upper ports utilized until the uppermost portion of the space between the jacket and pile is filled with epoxy grout. As the epoxy grout is pressure injected into the sealed fiberglass jacket, it will displace water from within the jacket. The water and other material displaced by the epoxy grout will be captured—using a hose or tube sealed to another port—to prevent epoxy grout-contaminated water from entering the river. As a safety measure, the hoses or tubes will have valves near the ends to allow the flow of grout to be shut off when moving between ports. This method of repair utilizes the FRP jacket to essentially act as a de-watered area around the pile in that all contaminated materials within the sealed fiberglass jacket are removed. The exposure of epoxy grout to the water is thus constrained to that used to seal the seams, minimizing pH increases from water exposure to the grout. All grout-contaminated water collected by the hose at the various ports will be delivered to a container located either on the barge or on the boat (see Barges and Boats under the Erosion and Sediment Control Plan (Including Spill Prevention Plan)), to be removed from the river by boat at least daily and stored at one of the staging areas, to later be disposed of in compliance with applicable regulations (see Hazardous Waste and Materials Erosion and Sediment Control Plan (Including Spill Prevention Plan)). The placement rate of the grout will be approximately 0.5 cubic yards per hour, or about one hour per pile. The jackets will be monitored for leaks during grout placement, and upon leak detection work will stop and the leak will be repaired before continuing grout injection. The total quantity of fiberglass used below water in the FRP jacket is 7700 square feet of material. The total quantity of epoxy grout expected to be used below water is 30 cubic yards.

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Less than one percent of this will be used along the seams and will actually come in contact with the water. (Less than one percent of 30 cubic yards is < 0.3 cubic yards, which is < 8.1 cubic feet, or a volume about 2 feet on a side. Approximately < 0.12 cubic feet of epoxy grout [< 8.1 cubic feet divided by 70 piles—a cube about 5.8 inches on a side] will be used on the FRP jacket seams for an individual pile, and will be the maximum amount of epoxy grout/paste exposure to water at any one time). The remaining > 99% volume will be contained within the sealed fiberglass jacket. The pile repair will also extend to the lowest riverbed level around the pile. Excavation with hand tools may be necessary to provide a level surface around the perimeter of the pile, and to remove crumbling concrete at the base. This will be done by divers utilizing self-contained underwater breathing apparatus (SCUBA) equipment. Excavated material will be disposed of in an approved upland location in compliance with applicable regulations. The estimated area of river bottom disturbed during the excavation is approximately 240 square feet (calculated as a maximum of 3 square feet per pile). Turbidity Curtain The pile repair work is anticipated to be performed in the water with the use of a turbidity curtain so that river-bottom impacts remain moderate relative to traditional means of de-watering such as the use of coffer dams. The turbidity curtain will reduce flow speed and turbidity of the river to facilitate underwater work and contain sediment plumes. The curtain will be placed prior to the initiation of the pile cleaning process and stay in place until the work on the fiberglass jacket is finalized. A rise in pH is expected during the process of sealing seams on the FRP jackets. The turbidity curtain will help to keep in-stream pH values in check by constraining the elevated pH within the curtain. Monitoring for pH changes is described in the Erosion and Sediment Control Plan (Including Spill Prevention Plan) under Turbidity and pH Monitoring for In- Stream Work. The turbidity curtain is a PVC-coated polyester/nylon material woven into geosynthetic fabric that serves to enclose the pier while repairs are implemented. It extends from the surface of the river to the river bottom or near the river bottom, depending on the river depth. Due to lower levels of flow at the bottom part of the river, the turbidity curtain still remains functional if it is a few feet off the river bottom. The turbidity curtain will be designed to remain effective as the river depth fluctuates. The turbidity curtain cannot withstand water velocities greater than 5 feet per second. Therefore, all underwater work done on this project will be completed when river velocities are less than 5 feet per second. This was used to determine the construction window between April 15 and October 15, which is at a time when water is diverted from the Snake River for irrigation and flows are generally steady and below 5 feet per second. While the 5 feet per second river velocity is the threshold, it is estimated that most work will be completed at an average river velocity of 2.59 feet per second. Prior to removing the curtain, turbidity shall not exceed daily background levels. The curtain will be moved from one pier to the next, as work is completed. The length of turbidity curtain that will be used is approximately 250-300 feet. The curtain will envelop an entire pier forming an ellipse with dimensions of approximately 60’ x 80’. The curtain will extend from the river surface to near or at the river bottom. An estimated area of contact with the river bottom along the length of the curtain is 2 square feet for every foot of curtain. This

8 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project gives a total of 500-600 square feet of impact each of the 5 times the curtain is moved (total of 2500-3000 square feet river bottom impacts). The curtain will be kept in place using Danforth style anchors, concrete blocks, or steel stakes in combination with a single H-pile at the river bottom. The H-pile will be driven into the substrate 6 feet by a pile hammer or other type of pile driver. A total of 6-8 anchors and an H-pile will be used to fix the curtain each time it is set. These anchors will be outside the curtain, and sediment plumes released from riverbed armor disturbance by these anchors will not be caught by the curtain. Each anchor is estimated to have 4 square feet of impact on the river bottom, including impacts of the chain that attach them to the curtain. The chains attached to each anchor would likely move due to the flow from the current, and possibly create sediment plumes or minor temporary disturbances to the river substrate. Depending on the anchor type, anchors are either driven in to the substrate, or sit on the river bottom surface. The latter is the case for the concrete blocks. To sum up, the total area anchors will have: (6-8 anchors x 4 square feet impact per anchor x 5 times anchored)+ (1 pile x 6 square feet of impact x 5 times anchored) = (6-8 x 4 x 5) + (1 x 6 x 5) = 150-190 square feet impacts. Fitch (2003) reported that use of a turbidity curtain helped to constrain pH elevated due to water contact with cement grout within the curtain, which will reduce pH increases outside of the curtain. The main purpose of the turbidity curtain is to help confine sedimentation and high concentrations of chemicals that elevate pH to within the pier repair area by reducing flows within its perimeter. Activities that could cause sedimentation or create sediment plumes include hand excavation with tools at the base of the piles and cleaning the piles to remove marine growth, mud, rust, micro-organisms, loose and delaminated concrete, and any other deleterious material. While these activities could result in disturbance of the river-bottom and the creation of sediment plumes, the turbidity curtain is designed to reduce flow within its perimeter, and minimize the overall distance that such sediment might travel downriver. The 7000 psi pressure washer dissipates underwater in 2-3 feet of distance, so will have little to no impacts except on the surface of the piles. Epoxy grout that alters pH will also be constrained by the curtain, as will water with pH elevated due to contact with epoxy grout. Sensors will be placed within the curtain to test pH. Any pH values over 9.0 will result in cessation of work until pH levels return to values < 9.0. pH levels are expected to remain lower outside the curtain compared to pH elevated within the curtain by exposure to epoxy grout, although pH outside the curtain can be expected to rise, as well. In such cases where ambient in- stream water conditions exceed State of Idaho water quality standards (i.e., ambient pH > 9.): Work may proceed in-stream until pH within the turbidity curtain exceeds 1/10th or 0.1 above the established ambient pH background level, at which time all in-stream work will immediately cease. In-stream work will not reinitiate until pH levels within the turbidity curtain match ambient pH conditions. Since the turbidity curtain will exhibit some flow-through (water from upstream will slowly pass through the curtain, displacing water in the curtain to move downstream), elevated pH inside the curtain will eventually drop and obtain equilibrium with lower pH outside the curtain. The turbidity curtain cannot completely restrain pH elevated water, but it slows mixing of such water with in-stream flow so that pH outside the curtain, which will also elevate, is expected to remain within IDAPA limits.

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Barge and Boat It is anticipated that sectional barges with spuds (bars or pipes used to anchor the barge in place) will be used to provide a work platform. The barges will require four feet of water to move and be assembled onshore at the river access point prior to being put in the river. The barges will be anchored to the bottom of the river with the use of four spuds driven 6 feet into the river substrate. The piles will be driven using a pile hammer or other pile driver. It is anticipated that 3 sections will be used for a total of 12 spuds. Each spud is anticipated to impact the river at an area of approximately 6 square feet. The barge will be anchored 2 times at each pier for a total of 10 total times being anchored. To sum up impacts, 12 total spuds x 10 total times anchored x 6 square feet of disturbance per anchor = 12 x 10 x 6 = 720 square feet of impacted area from the barge. Anchoring of the barge will result in river bed disturbance and sediment plumes. The boat will be launched from the river access area daily and will be used to carry materials, equipment, and construction personnel to and from the in-water worksite and barge. Materials transported in this manner could include: a pump for grout application, an air compressor, actuated equipment, a container to collect contaminated grout water, fuel, cement, cement primer (bonding agents), epoxy paste, grout, hand tools, and power tools. Hazardous materials will not be stored on the barge overnight, but will be transported and stored at the staging area or other use areas. Some equipment may be stored overnight on the barge. Refueling of the barge may occur from the boat or from the bridge. Summary of Materials Used Above water:  Bonding agent—this is a cement primer similar to the epoxy used in the fiberglass jacket (see bullet below, this page) and will be applied at pier caps prior to placement of cement. This is toxic.  Silica fume modified concrete overlay to replace removed concrete from the bridge surface. This is toxic.  Silane or Siloxane applied to the concrete parapet rails. This is spray-applied, and toxic.  Fiberglass reinforced plastic (FRP) jacket—marine grade laminate of fiberglass reinforced plastic constructed of layers of woven roving and mat. An ultra-violet screening ingredient will be integrally bound within the FRP matrix. The jackets shall be translucent and shall be a permanent part of the encapsulated pile repair. The jackets will have grout injection ports and polymer stand-offs to maintain the minimum annulus space between the pile and the inside of the jacket. The minimum jacket thickness will be 1/8 inch. Depending on the jacket design, they will either have one or two seams. The estimated total quantity of FRP jacket expected to be used above water is 7,700 square feet.  The epoxy, which is mixed with a concrete cement, and used as either a grout or paste: o Epoxy Paste—non-sag, two-component epoxy compound consisting of epoxy resin and epoxy hardener. Epoxy paste will be used to seal the fiberglass jackets. Once they are sealed, epoxy grout will be pressure-applied within the jacket and will fill in spaces and gaps where the piles have deteriorated. o Epoxy Grout—100 percent solids epoxy grout that is a three-component product consisting of epoxy resin, epoxy hardener, and aggregate filler.

10 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Underwater:  Turbidity curtain—this is a geotextile synthetic plastic composite (polypropylene or polyester) held in place by metal or concrete anchors.  FRP jacket—the same as described for above water materials, but with a total of 7,700 square feet to be used underwater.  The epoxy, which is mixed with a concrete cement, and used as either a grout or paste: o Epoxy Paste—the same as described for above water materials. o Epoxy Grout—100% solids epoxy grout that is a three-component product, the same as described for above water materials. This material has higher specific gravity than water. It will be placed in the base of each pile, and used in conjunction with a foam gasket to seal the base of the fiberglass jacket around the pile. After it sets, grout will then be pressure-injected into the rest of the fill space between the pile and jacket. The total quantity of epoxy grout and paste expected to be used below water is 30 cubic yards.  Water with elevated pH resulting from this process is expected to be restrained within the turbidity curtain which will be maintained in place around the 14 piles of each pier while the pile jackets are placed around each pile. Since there are five piers, potential pH increases would derive from about 1.62 cubic feet of epoxy grout per pier. When the turbidity curtain is removed from one pier to be deployed at the next, water within the curtain with potentially elevated pH will be released to travel downstream. Thus, occurrences of elevated pH in the action area will likely be separate in both time and space as pile repair progresses from one pier to the next across the river. o Note: pH will be monitored within the turbidity curtain, and work within the curtain will cease if pH reaches 9.0; work within the curtain will also cease if the pH outside the curtain reaches 9.0 (see Turbidity and pH Monitoring for In- Stream Work under the Erosion and Sediment Control Plan (Including Spill Prevention Plan)).

Timing of Construction The deck overlay and parapet sealing will be performed in two stages to keep the bridge open to one-way traffic during construction. Out of water and underwater work will occur simultaneously. The underwater work will proceed in stages from pier to pier. However, cleaning may initiate on a second pier while the repair is concluding on the previous pier. Construction is anticipated to occur between April 15 and October 15 of year 2015 or 2016. It is anticipated to take approximately 5-6 months for both the out-of-water and in-water work to be completed. For a summary table of timing for each construction activity, see Table 1.

11 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Table 1. Construction Timing Location of Construction General Task Specific Task Total Duration (days)

Bridge deck and expansion 42 joint removal and surface preparation. Silica fume. Concrete deck overlay. Replace expansion joints 42 Expansion joint and place concrete overlay. Above deck work. replacement. Curing 8

Bridge rail sealing. Sandblasting and sealing 14 with Silane/Siloxane.

Girder end cleaning and 21 Above and below deck preparation. Girder end repair. work. Girder end concrete repair. 21

Installation of turbidity Installation of turbidity 5 curtain. curtain.

Pile cap cleaning and 5 preparation. Pile cap repair. Pile cap repair. 15 Below deck work. Hand excavation at bottom 35 of piles and pile cleaning.

Wrapping and sealing 35 Pile repair. fiberglass jacket.

Injecting grout into jackets. 35

Erosion and Sediment Control Plan (Including Spill Prevention Plan) The contractor will be required to prepare an erosion and sediment control plan (ESCP) conforming to ITD’s standard specifications including a Spill Prevention Plan (SPP) with BMPs and Spill Prevention Measures (SPMs) for review by the ITD Engineer. The ESCP will be implemented for the entire construction area and during the duration of construction activities.

Temporary Best Management Practices  BMPs utilized may include but are not limited to sediment traps, silt fences, fiber wattles and compost socks.  A stabilized construction entrance will be used to prevent vehicles and equipment from tracking aggregate, mud, or sediment onto a paved public road.  During the construction process for all work done on the bridge, the bridge drains, seals and joints will be plugged or otherwise blocked to prevent sediment, chemicals or other

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materials from draining into the river. In addition, the concrete bridge rail will help contain materials.  All material will be removed and disposed of appropriately offsite in compliance with applicable regulations.

Designated Use Areas  Project Designated Use Areas (staging, stockpiling, storage areas including materials and equipment, fueling operations, access roads, source sites, waste sites, construction sites, borrow site operations, and equipment/concrete washouts) shall be located in upland area(s) at least a minimum of 150 feet away from any active water feature or water body. The contractor shall ensure that BMPs and secondary containments are in place to avoid and minimize erosion and sediment impacts as well as capture 125 percent of the stored petroleum products, concrete/cement materials or other liquids and hazardous materials to be stored onsite.  Appropriate BMPs will be employed to confine, remove, and dispose of excess concrete, cement, and other mortars or bonding agents, including measures for washout facilities.  To the extent practicable, BMPs will be used to contain, control and filter stormwater prior to the water entering the river and/or associated wetlands.  During construction, all erosion controls will be inspected as required by the ESCP until the soils are stabilized and the temporary sediment erosion control measures are removed.  If inspection shows the erosion controls are ineffective, work crews must be mobilized immediately to make repairs, install replacements, or install additional controls as necessary. Sediment must be removed from erosion controls once it has reached one-half of the exposed height of the control.

Hazardous Waste and Materials An ITD-approved SPP will be prepared by the construction contractor and approved by the ITD Engineer prior to project implementation. The Service will have opportunity to review the SPP before the contractor submits it to ITD (Smith 2014, in litt.). The purpose of the plan is to prevent discharges of oil, gasoline, cement, epoxy/mortar, silane/siloxane, or other foreign materials from leaking or spilling into waters from equipment or other construction activities.

The SPP plan will include notification procedures, specific clean up and disposal instructions for the different products used and/or available on the project site, proposed methods for disposal of spilled material, and employee training for spill containment. The SPP plan will include a description of any hazardous product or material that will be used for the project, including procedures for inventory, storage, handling, and monitoring. The SPP will contain SPMs to minimize exposure (e.g. leakage, spills, or unwanted discharges) from construction equipment of petroleum products, hydraulic/lubrication fluids, radiator fluids, and other liquids in the stream/river channel. These BMPs include the following:

 Fuel and other chemicals including small fuel cans, oil and hydraulic fluid containers, and concrete chemicals will be stored at least 150 feet from any stream channel or wetland or surface waters and must be within containment systems (e.g. containment cells, berms, retention areas, or a similar combination of BMPs). To the extent practicable, all fueling or other chemical liquid transfer shall take place 150 feet from the

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river channel or other surface waters/wetlands. If this is not possible due to topographic, construction, or other constraints then the contractor shall assure that BMPs and containments are in place to capture 125 percent of stored fuel or other liquid chemicals/materials.  All equipment used for in-stream work shall be steam cleaned (or similar) of external oil, grease, dirt and mud prior to arrival onsite. All leaks shall be repaired, prior to arriving at the project site. The Engineer shall inspect all equipment before unloading at the site.  Equipment/Vehicles used for or in relation to in-stream work shall be fueled and serviced in an established designated use staging area(s) where possible, except for the barges (which are discussed separately in their own section). When not in use, equipment and vehicles shall be parked in designated use staging areas. Staging areas shall be located to avoid delivery of petroleum products, hydraulic fluids, radiator fluids or other liquids to streams or other water bodies.  All equipment and vehicles operated within 150 feet of any water body will be inspected daily for leaks or accumulations and build ups of petroleum products, hydraulic/lubrication fluids, radiator fluids or other liquids. Accumulations and leaks shall be corrected and repaired before leaving the staging (and refueling) areas. Equipment shall not have damaged hoses, fittings, lines or tanks that have the potential to release pollutants/hazardous materials into the waterways either directly (e.g. stream contact) or indirectly (e.g. land that is part of the project site and sloped in a manner that drains to a waterway). Daily inspections shall be logged/recorded, repairs and corrective actions documented and copies of such documentation made available to the Idaho Department of Environmental Quality (IDEQ) and other agencies including the Service upon request.  Oil-absorbing floating booms, and other equipment such as absorption pads /“peanuts” appropriate for the size of the river, shall be available on-site during all phases and duration of construction. Booms shall be placed in a location that facilitates an immediate response to potential leakage, spills or other unwanted discharges of petroleum products, hydraulic fluids, radiator fluids or other liquids to streams or other water bodies.  Absorption pads or spill containment kits capable of containing the amount of hazardous products on site shall be stored at all times in or near machinery, vehicles and equipment to be operated during construction duration.  Reporting and remediation guidelines required by IDEQ, Occupation Safety and Health Administration (OSHA), and Environmental Protection Agency (EPA) will be followed. Any spills that are reported to any of these agencies will also be reported to the Service.  Water pumped from any in-stream excavation or other disturbances will not be placed into any waterbody until it meets IDEQ water-quality standards. The water will be land- applied to suitable uplands, stored in settling basins that are large enough to treat all pumped water or filtered to comply with IDEQ standards before allowing it to return to the river.  Fluid leaks will either be repaired or contained within a suitable waste collection device (e.g. drip pads, drip pans).  When changing hydraulic lines, or making any repairs, care will be taken to keep all fluids from entering a waterbody or soils.

14 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

 Oil, fuel, hydraulic and other hazardous fluids that enter any waters will be absorbed by placing absorbent socks downstream of the spill/leak. To contain spills, absorbent pads and socks will be utilized according to manufacturer’s recommendations and available for use on site to clean-up all spills/leaks. All fuel, oil, hydraulic and any other hazardous fluid spills/leaks on walking and working surfaces will be cleaned-up as soon as possible.  After completing the clean-up, all absorbent material will be placed in waste drums or in other suitable containers. The used absorbent material will be transported in the suitable containers to an approved waste facility according to ITD guidelines. Soils contaminated from oil spills must also be placed in drums or other suitable containers and hauled to an approved waste facility according to ITD guidelines. All disposal will be in accordance with Idaho State and Federal regulations.  Any solid hazardous materials (e.g. cement, mortar, epoxy etc.) to be used, stored, generated, and maintained within designated use areas shall be placed under cover such as tarpaulins or roofs and within secondary containment until such time they can be utilized in construction or properly transported to and treated at an approved facility for treatment of hazardous materials.  No pesticide/herbicide applications are allowed. The following hazardous material BMP was developed after the initiation of formal consultation, at the request of the Service, in discussions between the Service, ITD personnel, and Forsgren Associates, Inc. and Bionomics, Environmental, Inc. (both consultants for ITD) (Smith 2014m, in litt.):  During repair of the pile caps, the contractor will use < 2 gallons of the bonding agent, if in an open container, at a time over the water. A larger volume (> 25 gallons) of the bonding agent may be kept on the barge during pile cap repair. Spill containment materials and measures that include the capability to contain a spill of the bonding agent will be kept on the barge. If the 2 gallon container needs refilling, it will be done on the barge. o Any open container holding the bonding agent will be fixed or attached in some manner (e.g., lanyard or similar) to minimize and/or avoid spillage and potential exposure/contamination to the Snake River and its resources. o The specific methods to implement this BMP will be included in the SPP.

Barges and Boats  Upon arrival at the river, the barges/boats shall be completely fueled. If it is necessary to refuel the boats/barges in the water, absorbent pads, socks, or similar BMPs will be available to contain spills in the water. They will be implemented according to manufacturer’s recommendations and available for use on site to clean up all spills/leaks.  All equipment used on the boats and barges shall be checked daily to prevent and repair drips or leaks, and shall be maintained and stored properly to prevent spills into waters.  Barges and boats will be lined or have a lip to contain spills. They will be outfitted with spill containment kits to contain 125 percent of the volume of materials aboard.  Both the barge and any boats used to transport materials to and from the barge shall have invasive species permits and will have been inspected by Idaho Department of Agriculture before use.

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In-stream and Underwater Project Components Underwater project components that qualify as best management practices include the use of turbidity curtains to minimize distance that sediment plumes travel down river, and the enclosed nature of the fiberglass jacket.  All machinery and equipment to be used for in-stream work will be cleaned of external oil, grease, dirt and mud prior to arrival at work site. Traditional hydraulic fluids and oils to be used for in-stream work shall be replaced with eco-friendly fluids/oils (e.g. vegetable oil).  Waste material will include hand-excavated riverbed material and debris from cleaning and preparing the concrete pile encasements. It will also include concrete and steel removed during the bridge deck preparation.  All pieces of concrete rubble greater than 12 inches in diameter will be hand removed by divers from the river. Any pieces smaller than 12 inches (and therefore movable by the 2-year return interval flow) that are incidentally dropped will be incorporated into the river substrate.  The turbidity curtain is a PVC-coated nylon/polyester geosynthetic fabric enclosing the pier while repairs are implemented. Pile repair work is anticipated to be performed in the water with the use of a turbidity curtain for 4 main reasons: 1) to minimize and reduce impacts from sediment plumes created during construction activities, 2) to enclose and contain elevated pH values from epoxy grout and epoxy paste that comes in contact with the water, 3) to reduce flow speed and turbidity of the river to facilitate underwater work and 4) to minimize river-bottom impacts that could reach higher levels associated with traditional de-watering (e.g. wetted stream-bottom disturbance/sedimentation).  Fiberglass jackets will include a tongue and groove joint seal at the seams which will be sealed using stainless steel screws and epoxy paste. The base of the jacket will be sealed around the column/pile with a gasket and epoxy grout.  Epoxy grout has a greater density than water, and will be injected at the base port of the jacket. It will be allowed to cure before additional grout is added. This will ensure a strong seal at the base before grout is injected into the remaining portion of the column/pile.  The area within the sealed fiberglass jacket will have all water removed via a hose or tube and act as a functionally de-watered area. Within all the sealed jackets, an estimated total of 30 cubic yards of epoxy grout will fill in the space between the piles and the fiberglass jacket, for a total of less than ½ cubic yard of epoxy grout per pile. The sealed nature of the jacket ensures that the grout does not come in contact with the river water. As the grout epoxy is pressure-injected into ports in the fiberglass jacket, water is displaced in another port, collected, removed, and disposed of in an upland location in an approved manner. This essentially de-waters the area around the pile where all epoxy grout would normally contaminate the water, but without the harsh riverbed impacts that using coffer dams or similar de-watering methods might have.  Temporary ratchet straps will be placed around each of the fiberglass jackets as grout is pressure-injected to help maintain rigidity of each jacket. These will be removed once the grout is fully cured.  During placement of the grout, fiberglass jackets will be monitored for leaks. Upon leak detection work will stop and the leak will be repaired before continuing grout injection.

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Off-Site Project Components Commercial contractor provided components must be submitted and approved by the ITD Engineer. Off-site project components include staging areas, stockpiling, source areas, and waste sites, and will be environmentally cleared. To be consistent with the overall effects determinations for this action, the off-site project components will meet all conditions referenced above in this document and will not be located:  Within snail habitat or within a minimum of a 150-foot distance from any stream, waterbody, or wetland for vehicle staging, cleaning, maintenance, refueling, and fuel storage. Sites outside of this distance do not need additional review as long as the site cannot discharge to any surface waters.  In accordance with the Interim Direction given for ESA consultation guidance between ITD and Service, the design criteria and BMPs that address potential effects to listed species have been identified in this Assessment. ITD will advise the Service if there are effects to any listed species at the offsite locations that were not previously considered in this Assessment. If ITD determines that there are effects not discussed in this Assessment, and/or the off-site locations do not fall within the prescribed side boards of this Assessment, ITD will reinitiate consultation with the Service, and the off-site location will not be utilized until consultation is complete.

Construction Debris Control The contractor will provide a Construction Debris Control plan to be approved by the ITD Engineer. All practicable measures will be taken to prevent bridge debris from entering the river (see BMP section).

ESCP inspection reports will be available for review by the Federal and State agencies including the Service, if requested.

Resource Agency Notification All resource agencies shall be notified at least 2 weeks prior to work commencing. This includes:  Idaho Department of Environmental Quality  United States Fish and Wildlife Service  United States Department of Lands  United States Army Corps of Engineers

Turbidity and pH Monitoring for In-Stream Work  Turbidity monitoring is required and will be implemented onsite in full compliance with the Clean Water Act and IDAPA. “Turbidity shall not exceed daily background turbidity by more than 50 Nephelometric Turbidity Units (NTUs) instantaneously” or 25 NTUs over ten consecutive days (IDAPA Idaho Code 58.01.02.350.01.a).  The turbidity and pH monitoring plans will be submitted to ITD and the Service by the contractor for approval prior to commencing work.  Turbidity and pH testing shall be performed by the contractor. The contractor shall be required to monitor turbidity/pH in the Snake River throughout all in-water work associated with bridge repairs. The contractor shall provide testing equipment,

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equipment setup and maintenance, turbidity monitoring and reporting. During in-stream construction, the contractor shall perform a turbidity/pH test a minimum of every 2 hours.  Turbidity monitoring sites shall be located upstream of the project area, within the turbidity curtain, and downstream of the project area. The upstream placement shall provide a valid sample of background conditions, while the downstream placement shall be between 300 and 500 feet below the bridge.  If construction results in an increase over background turbidity greater than 50 NTU instantaneously or 25 NTU over ten consecutive days, construction shall be ceased until levels return to below 25 NTU.  Site pH monitoring is recommended by the Service due to concerns with pH changes occurring from the use of the epoxy grout and epoxy resin, and cement. The pH monitors will be placed upstream of the project area, within the turbidity curtain, and downstream of the project area, with monitors at the same locations that turbidity monitors are placed. The pH and turbidity measurements will be taken simultaneously. The pH monitor within the turbidity curtain will be used to determine if work should cease and for how long. For quality control purposes, spare pH and turbidity monitoring equipment will be stored onsite.  Daily reports will be compiled and include information on monitoring results of river turbidity, pH, and information from monitoring fiberglass jackets/turbidity curtain. The reports shall have the following minimum information: 1. Current construction activity 2. Brief weather conditions (Precipitation if any) 3. Sampling location 4. Date 5. Time 6. Turbidity results in NTUs 7. pH values 8. Information regarding the monitoring of the fiberglass jackets and turbidity curtain.  All reports shall be provided daily to the ITD Engineer. The project inspector shall review the results daily to confirm compliance with the State Water Quality Standards and provide copies of the results to ITD District 3 Environmental. After all in-stream work is completed, a copy of the monitoring log will be provided to the Service. Copies will also be available for IDEQ if requested.

2.2 Analytical Framework for the Jeopardy and Adverse Modification Determinations 2.2.1 Jeopardy Determination In accordance with policy and regulation, the jeopardy analysis in this Opinion relies on four components: 1. The Status of the Species, which evaluates the Snake River physa’s range-wide condition, the factors responsible for that condition, and its survival and recovery needs.

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2. The Environmental Baseline, which evaluates the condition of the Snake River physa in the action area, the factors responsible for that condition, and the relationship of the action area to the survival and recovery of the Snake River physa. 3. The Effects of the Action, which determines the direct and indirect impacts of the proposed Federal action and the effects of any interrelated or interdependent activities on the Snake River physa. 4. Cumulative Effects, which evaluates the effects of future, non-Federal activities in the action area on the Snake River physa. In accordance with policy and regulation, the jeopardy determination is made by evaluating the effects of the proposed Federal action in the context of the Snake River physa’s current status, taking into account any cumulative effects, to determine if implementation of the proposed action is likely to cause an appreciable reduction in the likelihood of both the survival and recovery of the Snake River physa in the wild. The jeopardy analysis in this Opinion places an emphasis on consideration of the range-wide survival and recovery needs of the Snake River physa and the role of the action area in the survival and recovery of the Snake River physa as the context for evaluating the significance of the effects of the proposed Federal action, taken together with cumulative effects, for purposes of making the jeopardy determination.

2.3 Status of the Species This section presents information about the regulatory, biological and ecological status of the Snake River physa that provides context for evaluating the significance of probable effects caused by the proposed action. 2.3.1 Listing Status The Service listed the Snake River physa as threatened effective January 13, 1993 (57 FR 59244). No critical habitat has been designated for this species. A recovery plan for the Snake River physa was published by the Service as part of the Snake River Aquatic Species Recovery Plan (USFWS 1995). The target recovery area for this species is from River Mile (RM) 553 to RM 675 (USFWS 1995, pg. 30). The proposed project is outside the recovery area, but is located within the known range of the species, with live Snake River physa recovered within three miles upstream and six miles downstream of the project area (Keebaugh 2009, Company unpublished data). 2.3.2 Species Description The Snake River physa was formally described by Taylor (Taylor 1988, pg. 67-74; Taylor 2003, 147-148), from which the following characteristics are taken. The shells of adult Snake River physa may reach 7 mm in length with 3 to 3.5 whorls, and are amber to brown in color and ovoid in overall shape. The aperture whorl is inflated compared to other in the Snake River, the aperture whorl being ≥ 1/2 of the entire shell width. The growth rings are oblique to the axis of coil at about 40° and relatively course, appearing as raised threads. The soft tissues have been described from limited specimens and greater variation in these characteristics may be present upon detailed inspection of more specimens. The body is nearly colorless, but tentacles have a

19 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project dense black core of melanin in the distal half. Penal complex lacks pigmentation although the penal sheath may be opaque. Tip of the penis is simple (not ornamented). The preputial gland is nearly as long as the penal sheath. The Snake River physa is a pulmonate species, in the family Physidae, order Basommatophora (Taylor 1988, 2003). The rarity of Snake River physa collections, combined with difficulties associated with distinguishing this species from other physids, has resulted in some uncertainties over its status as a separate species. Taylor (2003, pg. 135-137) presented a systematic and taxonomic review of the family, with Snake River physa being recognized as a distinct species (Physa (Haitia) natricina) based on morphological characters he originally used to differentiate the species in 1988. Later authors concluded that the characters described by Taylor (1988) were within the range of variability observed in the widely distributed Physa acuta, and placed Snake River physa as a junior synonym of P. acuta (Rogers and Wethington 2007, entire document). Genetic material from early Snake River physa collections was not available when Rogers and Wethington published and their work included no analysis or discussion on the species’ genetics. More recent collections of specimens resembling Taylor’s (1988, 2003) descriptions of Snake River physa have been used to assess morphological, anatomical, and molecular uniqueness. Live snails resembling Snake River physa collected by the Bureau of Reclamation (Reclamation) below as part of monitoring recommended in a 2005 Biological Opinion (USFWS 2005, pg 162-163) began to be recovered in numbers sufficient to provide specimens for morphological review and genetic analysis. Burch (2008, in litt.) and Gates and Kerans (2010, pg. 41-61) identified snails collected by Reclamation as Snake River physa using Taylor’s (1988, 2003) shell and soft tissue characters. Their genetic analysis also found these specimens to be a species distinct from P. acuta. Gates and Kerans (2011, entire document) also performed genetic analyses on 15 of 49 live- when-collected specimens recently identified as Snake River physa (Keebaugh 2009), and collected by the Company between 1998 and 2003 in the Snake River from (RM 560) downstream to near Ontario, Oregon (RM 368). Gates and Kerans (2011) found that these specimens were not genetically distinct from Snake River physa collected below Minidoka Dam (but were genetically distinct from P. acuta), and provided additional support that Taylor’s (1988) shell description of Snake River physa is diagnostic (Gates and Kerans 2011, pg. 6). 2.3.3 Life History Freshwater pulmonate snail species such as Snake River physa do not have gills, but absorb oxygen across the inner surface of the mantle via a “lung” or pulmonary cavity (Pennak, 1953, pg. 675-676). Some freshwater pulmonates may carry an air bubble within the mantle as a source of oxygen, which may be replenished via occasional trips to the surface, though this is not a required mode of respiration and many diffuse oxygen directly from the water into their tissues across the surface of the mantle (Ibid.). The later method is assumed to be the likely respiratory mode for the Snake River physa: since they live in moderately swift current, individuals that release from substrates to replenish air at the surface would mean they would likely be transported some distance downstream away from their cohort and habitat of choice, and thus away from potential mates and known food sources. The lung-like mantle cavity may also permit at least some physa species to survive for short periods out of water. Physa virgata, a junior synonym of P. acuta (Dillon et al. 2005, pg. 415), have been observed to move and

20 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project remain out of the water for up to 2 hours in reaction to chemical cues given off by crayfish foraging on nearby conspecifics (Alexander and Covich 1991, pg. 435). Whether or not Snake River physa can survive under such conditions of desiccation is not known. As far as is known, all freshwater pulmonates, which include Snake River physa, are able to reproduce successfully by self-fertilization (Dillon 2000, pg. 83). While self-fertilization (selfing) in pulmonates can be forced under laboratory conditions by isolating individual snails, there is considerable variation within and among pulmonate genera and species in the degree of selfing that occurs in natural populations. Of the many Physa species in North America and world-wide, studies of self-fertilization effects on population genetics seem to have been conducted only on P. acuta. Selfing and its implications for genetic variation and survival are unknown for Snake River physa. Snake River physa have yet to be reared and studied in the laboratory, and the species’ reproductive biology has not been studied under natural conditions. Dillon et al. (2004, pg. 65) reported mean fecundity of 39.1 hatchlings per pair per week for P. acuta, but whether the Snake River physa exhibits similar reproductive output is not known. Dillon (2000, p. 119-121 and156-170) discusses the number of generations pulmonate species may show per year, and indicates that the period of egg-laying is somewhat dependent on snail size and water temperature. McMahon (1975) discussed the range of critical water temperatures in which the onset of egg-laying begins in a number of Physa spp., and also stated that breeding frequently ceases when water temperature drops below some critical level. Table 2 provides a summary of McMahon’s information.

Table 2. Temperature ranges for onset of egg-laying of some Physa species in the United States and Europe (McMahon 1975). Location Temperature Range Physa species

Texas > 13 0C P. acuta

Michigan 10-12 0C P. gyrina

Southern England 7-11 0C P. fontinalis

Netherlands 7-8 0C P. fontinalis

P. gyrina and P. acuta have both been identified based on shell and internal morphology as having been recovered from the Snake River, with the latter’s presence recently confirmed via genetic analysis (Idaho Power Company unpublished results). It seems reasonable that the temperature range for reproduction among three Physa species across a range of latitude on two continents may also include the temperature at which Snake River physa may breed in the Snake River. The Service has chosen to accept 10 oC as a median water temperature at which Physa reproduction might begin. Evaluation of Idaho Power Company and USGS water temperature data from near Marsing, Idaho and suggests that Snake River physa might reproduce between late March through early November, depending on the year, with a possibility for more than one generation.

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Habitat Characteristics The earliest descriptions of the species state that it was predominantly found in deep, fast flowing habitats such as rapids, and on boulder to bedrock substrates (Taylor 1982, in litt.). While such habitats may be utilized by the Snake River physa, the large amounts of collection data currently available have allowed for a more rigorous analysis of occupied habitat within the Snake River. Gates and Kerans (2010, pg. 33-36) found the species to be most associated with pebble to gravel sized substrate, but note that these substrate types made up 67 percent of the river sampled, and the Minidoka Reach is predominantly made up of run-glide habitats, with rapids making up a small proportion of habitats present. More recent analysis of the downstream data collected by the Company support the findings of Gates and Kerans; Winslow and others (2011, in litt. pg. 6) found that Snake River physa occurred on substrates containing gravel (pebble/gravel and cobble/gravel categories) more than expected by chance alone (Χ2 ≥ 55.504, P < 0.00032). (Substrate records or data referenced in the format pebble/cobble means the two substrate types were the two dominant types found in the sample, and are not intended to imply one was more common than the other). In addition, such gravel substrates are more prevalent where typical river velocities are great enough to transport finer sediments, but not so high as to readily transport pebble/gravel sized sediments, representing water velocities typically encountered in runs and glides. Although these data cannot provide us with certainty of the habitat preference of the species, nor provide assurance that the species will not occur in other habitat types, they do provide the most supported analysis of such a preference currently available. Gates and Kerans (2010) also evaluated the effect of seasonal flows on the mollusk community, including Snake River physa, in the Minidoka Reach. Irrigation season flows passed into the Minidoka Reach may typically range well over 5,000 cubic feet per second (cfs) to supply irrigation water to Milner Reservoir, but non-irrigation season flows (a period of about six months) in the Minidoka Reach have been dropped to and varied between 400-600 cfs for approximately a century to provide for annual winter and spring filling of the much larger storage reservoirs upstream at and . Low non-irrigation season flows, then, have resulted in consistent de-watering of a large area of river bed for about 100 years. Gates and Kerans’ (2010) 2006-2008 surveys of the Minidoka Reach documented that the mean abundance of all mollusk species they recovered, including Snake River physa, was significantly lower in all sample years for areas that are de-watered every year, compared to mean abundance at depths that are always watered. Gates and Kerans’ concluded that “the dramatic reduction in winter discharge over the past 100 years has had long term effects on the mollusk community.” Gates and Kerans’ (2010, pg. 8-36) detailed study sampled cross sections of the river profile, and characterized Snake River physa habitat as occurring in runs, glides, or pools, with moderate mean water velocity of 0.57 meters/second (m/s). Mean depth of samples containing Snake River physa was 1.74 m, with live specimens most frequently recovered from depths of 1.5 to 2.5 m. Depths in which all specimens were recovered ranged from less than 0.5 m to over 3.0 m, and abundances of three or more Snake River physa per sample were found at depths > 1.5 m. Eighty percent of samples containing live Snake River physa were located in the middle 50 percent of the river channel (Gates and Kerans 2010, pg. 20). This evidence may be suggestive of habitat requirements related primarily to velocity and depth as they influence substrate deposition, and possibly other factors.

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In a regulated river, whether fine sediments are present and suspended in the water column or are deposited on the river bed may be a function of water velocity, or of dams that act as sediment traps. Chambers et al. (1991) demonstrated how the interaction between sediment and water velocity affected the establishment of macrophyte beds. Low current velocities resulted in sediment deposition and macrophyte establishment in deposited sediment, with macrophyte biomass significantly and inversely correlated with velocity within the macrophyte bed over the range of 0.01-1.0 m/s. Once established, the nutrient concentrations (primarily phosphorous and nitrogen) in the sediments determined macrophyte abundance and density. At velocities greater than 1 m/s, macrophytes were either absent or present in negligible quantities. American Falls Dam and Minidoka Dam both act as highly effective sediment traps, with the result that water in the Minidoka Reach is relatively free of fine sediment (Newman 2011, in litt.). Although the mean water velocity of 0.57 m/s in Snake River physa occupied habitat in the Minidoka Reach is roughly half of the velocity (1.0 m/s) for which Chambers et al. (1991) reported that macrophytes are absent or present in negligible quantities, macrophytes are nearly absent in the permanently watered river sections of the Minidoka Reach; minimal fine sediments passing Minidoka Dam are a plausible cause. Idaho Power Company diver biologists surveying for Snake River physa in the Marsing reach of the Snake River, which typically carries a high sediment load, reported few or no macrophytes and gravel to pebble-sized substrates when water velocities approached 1 m/s. This suggests that the presence of Snake River physa in the Minidoka Reach may be, at least in part, a function of sediment trapped behind Minidoka and American Falls dams; and, that under some river conditions water velocities greater than the mean of 0.57 m/s may be required to maintain Snake River physa potential habitat in suitable condition where sediment loads are higher. Water temperature requirements and tolerances of Snake River physa are not been specifically researched. Gates and Kerans (2010, pg. 21) reported a mean water temperature of 22.6° C for sites occupied by the species at the time of sampling (in August and October), but it is not known if this represents an optimal range or if it happens to be the temperature range in which the species has been able to persist following anthropogenic changes to the Snake River system. Winter water temperatures in the Snake River have historically reached freezing, though records are patchy (USGS 2003). Water temperatures for samples collected by the Company in the Bruneau Arm of C.J. Strike Reservoir and in the Snake River between RM 559 and RM 367 in late July to mid-August between 1998 and 2002 that contained live-when-collected Snake River physa averaged 23.4° C. The maximum temperature for cold water biota established in the Clean Water Act is 22° C. Based on available information, Snake River physa appear to be able to tolerate water temperatures slightly above the cold water standard of 22° C. Possibly of significance may be the fact that, despite intense and extensive surveys and monitoring for the Bliss Rapids snail in cold water spring habitats of high water quality, Snake River physa have never been noted in such habitats, including those with a clear connection to the Snake River such as the Thousand Springs area. Relatively cool water of a consistent temperature might represent an outside boundary to Snake River physa’s habitat requirements. Water temperatures below 10o C are known to inhibit reproduction in P. gyrina (DeWitt 1955, pg. 43), a widespread physid species that co-occurs with Snake River physa in the Snake River. Summer water temperatures of spring flow from the Snake River Plain Aquifer, including Thousand Springs, typically ranges from 14° to 16° C.

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Diet Diet preferences of Snake River physa are not known. Species within the family Physidae live in a wide variety of habitats and exhibit a variety of dietary preferences to match this. Physidae from numerous studies consumed materials as diverse as macrophytes; and benthic diatoms (diatom films that primarily grow on rock surfaces), bacterial films, and detritus (collectively termed periphyton) (Dillon 2000, pg. 66-70). P. gyrina consumes dead and decaying vegetation, algae, water molds, and detritus (DeWitt 1955, pg. 43; Dillon 2000, p. 67). 2.3.4 Status and Distribution At the time of its listing in 1992, the Snake River physa was presumed to occur in two disjunct populations, one in the Lower Salmon Falls and Bliss Reaches (approximately RM 553-572), and the Minidoka Reach (approximately RM 669-675). Its historic range was believed to extend as far downstream as Grandview (RM 487) (USFWS 1995, pg. 8-9). Fossil evidence indicates this species existed in the Pleistocene-Holocene lakes and rivers of northern Utah and southeastern Idaho, and as such, is a relict species from Lake Bonneville, Lake Thatcher, the Bear River, and other lakes and watersheds prehistorically connected to these water bodies (Frest et al. 1991, pg. 8). The species’ cryptic morphology (resembling more common species within the genus), the difficulty of sampling a large river, and the species’ rarity, all made determining its distribution and abundance challenging and ambiguous. Much of the resolution on the species’ distribution has come from recent advances in the use of genetic tools, which have provided a greater degree of certainty in identification, and hence confirmation of the species’ abundance and distribution (see Section 2.3.2.2 above). Subsequent work conducted by a number of agencies, private entities, and academics has greatly increased our understanding of the species’ distribution and preferred habitat, though numerous questions on the factors limiting its distribution and abundance remain. Surveys conducted by Idaho Power Company between 1995 and 2003 (Keebaugh 2009) and Reclamation from 2006 through 2008 (Gates and Kerans 2010), confirmed with genetic identification, place the species’ current distribution from RM 368 near Ontario, Oregon (some 128 miles downstream from its previously recognized downstream range), upstream to Minidoka Dam (RM 675). Gates and Kerans (2011, pg. 10) confirmed that shell morphology, diagnostic of Snake River physa, from one of the specimens collected in the Bruneau River arm of C.J. Strike Reservoir matches that of specimens with similar morphology also confirmed as Snake River physa by DNA analysis. More recently, Idaho Power Company conducted surveys targeting the Snake River physa in the lower portion of its range for their preparation of biological assessments for the re-licensing of the Swan Falls Hydroelectric Project (FERC No. 503) in 2011. Surveys for this project were conducted from RMs 441.9-469.4 and collected sixty 0.25 square meter (m2) benthic samples. These survey efforts did not recover any living Snake River physa or shells (Bean and Stephenson 2011, pg. 7). In combination with the survey result provided by Keebaugh (2009, entire document) and Frest and Johannes (2004, see section 2.4.2.1), these results further support the conclusion that the species is rare outside of its core range in the river reach below Minidoka Dam. As discussed above, while the full extent of the species’ range is considerably greater than originally thought, the snail is not uniformly distributed throughout that range and there remain extensive portions of the Snake River that have not received adequate survey. The Snake River

24 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project physa is known to reach it highest densities in the upstream-most population which is roughly delineated as occurring immediately below Minidoka Dam (RM 675), downstream to Milner Reservoir (RM 663). Gates and Kerans (2010, pg. 23) report Snake River physa from 19.7 percent of their samples with high density samples ranging from 30 to 64 individuals per m2 (Gates and Kerans 2010, Figure 1.6, pg. 23). In addition, Kerans and Gates (2008, in litt. p. 8) also reported finding 7,540 empty Snake River physa shells during their 2006 sampling effort in the Minidoka Reach, by far the largest number of Snake River physa shells reported from any surveys. The frequency of occurrence and densities both decline in this reach downstream toward Milner Reservoir where the river transitions from a lotic to more lentic and sediment- laden environment (Gates and Kerans 2010, Table 1.2, pg. 21, 39). In contrast to the Minidoka Reach, the Snake River physa is considerably less commonly encountered in its downstream range (below C.J. Strike Dam). Only 49 live-when-collected specimens have been recovered in the Snake River between C.J. Strike Dam and Brownlee Reservoir. These specimens were identified in only 4.3 percent of 787 inspected samples containing live ; the density of live animals typically did not exceed 4 individuals per m2 in these river reaches (Keebaugh 2009, entire document). The numbers of live-when-collected Snake River physa in these reaches are too few to estimate the species’ density or abundance with acceptable confidence. Other portions of the Snake River (e.g., Thousand Springs (RM 584) to Milner Reservoir) have received little to no survey effort. Lastly, early reports of the collection of two live Snake River physa above American Falls Dam (Pentec Environmental 1991, pg. 8, 16) have never been confirmed. Recent survey efforts by Reclamation failed to locate Snake River physa upstream of (Newman, pers. comm. 9 Feb. 2012). In addition, a recent review (Keebaugh 2014, in litt.) of a large gastropod collection conducted in 2004 in the upper Snake River and tributaries upstream of American Falls Reservoir did not identify any live-when-collected Snake River physa specimens or shells, providing further strong, although not conclusive, evidence that the species may not occur in the upper Snake River. 2.3.5 Conservation Needs Survival and recovery of the Snake River physa is considered contingent on “conserving and restoring essential mainstem Snake River and cold-water spring tributary habitats (USFWS 1995, pg. 27).” The primary conservation actions outlined for this species are to “Ensure State water quality standards for cold-water biota…” (USFWS 1995, pg. 31). Priority 1 tasks consist of:  Securing, restoring, and maintaining free-flowing mainstem habitats between the C.J. Strike Reservoir and American Falls Dam; and securing, restoring, and maintaining existing cold-water spring habitats.  Rehabilitating, restoring, and maintaining watershed conditions (specifically: cold, unpolluted, well-oxygenated flowing water with low turbidity. (ibid., pg. 1)).  Monitoring populations and habitat to further define life history, population dynamics, and habitat requirements (USFWS 1995, pg. 27-28).

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Priority 2 tasks consist of:  Updating and revising recovery plan criteria and objectives as more information becomes available, recovery tasks are completed, or as environmental conditions change (USFWS 1995, pg. 28). The conservation needs of listed species are based on the species’ habitat requirements. Habitat requirements of the Snake River physa are based on habitat where the species has been found, which may inject substantial uncertainty for a rare species. Recorded habitat may not necessarily represent optimum habitat, but until more definitive data on optimal habitat can be obtained, we must accept habitat where the species has been found as representing what we know of its habitat requirements. Information and conclusions here are based on the most recent information on the species’ distribution in the wild. As described in Section 2.3.3, the Service has concluded that Snake River physa select for substrates in the gravel to pebble range, and possibly in the gravel to cobble range, with the substrates free of fines and macrophytes, and that these conditions represent the species’ preferred habitat in conditions extant in the Snake River.

2.4 Environmental Baseline of the Action Area This section assesses the effects of past and ongoing human and natural factors that have led to the current status of the species, its habitat and ecosystem in the action area. Also included in the environmental baseline are the anticipated impacts of all proposed Federal projects in the action area that have already undergone section 7 consultations, and the impacts of state and private actions which are contemporaneous with this consultation. 2.4.1 Status of the Species in the Action Area ITD did not conduct surveys for Snake River physa for this project, but proceeded, based on discussion with the Service and the information that Idaho Power Company had recovered Snake River physa in the vicinity (upstream), on the assumption that the species could be present in the action area (Rudel 2014, in litt.). Eleven Snake River physa have been recovered live from the 24.6 mile C.J. Strike Reach, nine of them in 2001 and two in 2002. One additional live specimen was recovered from RM 467.7, 1.7 miles into the Swan Falls Reservoir (Keebaugh 2009). The locations nearest the Grandview Bridge where Snake River physa have been recovered are at RM 480.2 (two specimens), about six miles downstream, and at RM 489.5 (also two specimens), about 3.27 miles upstream (Keebaugh 2009, Idaho Power Company unpublished data). One 0.25 m2 dredge sample in 2001 contained 4 individuals, equivalent to 16 Snake River physa per m2. The remaining seven specimens from this reach were recovered in densities equivalent to either four or eight Snake River physa per m2 (Idaho Power Company unpublished data). Snake River physa densities recorded at Minidoka were usually eight or fewer specimens per m2 (Gates and Kerans 2010). ITD records from prior to construction of the bridge in 1969 indicate that substrates beneath the bridge consisted of a layer of sand and gravel ranging between five and 20 feet deep across the river bottom surface. More recent unpublished substrate data from Idaho Power Company aquatic invertebrate surveys conducted in the vicinity of the Grandview Bridge in 2001 recorded

26 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project substrate associations of sand/pebble only about .25 mile upstream (RM 486.5), which suggests that sand/gravel or sand/pebble may still persist in the river portion of the action area. An analysis of Snake River physa substrate use from C.J. Strike Dam downstream to the Weiser, Idaho area (less the river reach impounded in Swan Falls Reservoir) indicated that the species selects for sand/gravel much less than the percent occurrence of these two substrate types in combination or separately (Winslow et al. 2012, in litt.). A similar data analysis for the Minidoka Reach suggested that Snake River physa select for sand and gravel in approximately the same frequency in which these substrate types occurred separately or in combination (Winslow et al. 2012, in litt.). Within the C.J. Strike Reach, the most common substrate associations are cobble/gravel (34% frequency), with cobble/pebble, cobble/sand, and gravel/sand the next most common types at approximately 8 percent , 8 percent, and 10 percent frequency, respectively (Idaho Power Company unpublished data). Nine of the eleven Snake River physa recovered in the C.J. Strike Reach were recovered from cobble/gravel, and the remaining two from cobble/pebble. Cobble, pebble, and gravel were not recorded in this reach as occurring alone, and the data suggests that gravel was most abundant in the C.J. Strike Reach in its association with cobble. The nearest known upstream location of a Snake River physa preferred substrate type (cobble/gravel) is at RM 489.2, a distance of about three miles, and the nearest known downstream location is gravel/pebble recorded at RM 485, a distance of about 1.25 miles (Idaho Power Company unpublished data, both locations). No invertebrate surveys have been conducted in these areas since 2001. We assume the substrates still persist at the survey locations, and although no Snake River physa were recovered from these sites, we cannot rule out the species’ presence at these locations. It is not known if Snake River physa dispersal is active (moving in any direction over substrates by means of its muscular foot) and/or passive (releasing its hold on substrates to drift in the water column), so we do not know if the distances to the nearest preferred substrates represent a potential for or a hindrance to colonization into the action area. As hypothesized in Section 2.3.3 (under Habitat Characteristics), conditions responsible for the presence of Snake River physa suitable habitat in the Minidoka Reach (low sediment load) may differ from those creating suitable habitat in the C.J. Strike to Weiser Reach (higher water velocities). Snake River physa selection for sand in about the same frequency in which sand was recorded at Minidoka may not apply downstream of C.J. Strike Dam. No Snake River physa were recovered from sand or substrates associated with sand in the C.J. Strike Reach, and sand and other substrates associated with sand in the C.J. Strike to Weiser Reach were selected for less frequently than such substrates occurred. We cannot rule out that Snake River physa might be found on gravel/sand in the action area, but it is a reasonable conclusion, based on the species’ habitat selection in the C.J. Strike Reach, that the probability of Snake River physa occurrence in the action area would be relatively low. The sample size of Snake River physa recovered from the C.J. Strike Reach and the C.J. Strike to Weiser Reach is limited enough that we cannot estimate the probability of Snake River physa occurrence in the action area with acceptable confidence. While dredge sampling indicates the presence of Snake River physa preferred habitat in the C.J. Strike Reach, no estimate has been made of the area of such habitat in this reach. Such estimates were made, however, for the known distribution of Snake River physa downstream of Swan Falls Dam. As part of the formal consultation on Snake River physa for the Swan Falls Hydroelectric

27 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Project relicensing (USFWS 2012), the Service used estimates of mountain whitefish (Prosopium williamsoni) spawning habitat in the Snake River at varying discharges between Swan Falls Dam and Brownlee Reservoir (RM 457.75 to RM 344), derived from a habitat suitability criteria index developed by Anglin et al. (1992) and refined by Brink (2008), as a surrogate for estimating Snake River physa habitat. (Similar indices for mountain whitefish have not been developed for the C.J. Strike Reach.) The parameters of mean water column velocity (0.55 m/s), depth (0.25-3.0 m), and substrate size (cobble and gravel) for mountain whitefish spawning habitat have significant overlap with Snake River physa habitat preferences (see Section 2.3.3, Habitat Characteristics). While recognizing that the relationship between habitat needs for the two species is likely not one-to-one, these estimates of mountain whitefish spawning habitat still represent the best estimates available for the amount of Snake River physa habitat between Swan Falls Dam and Brownlee Reservoir. Relevant to project impacts to Snake River physa, the estimated available Snake River physa habitat (using mountain whitefish spawning habitat as a Snake River physa habitat surrogate) downstream of Swan Falls Dam helps to place the potential for project impacts to Snake River physa into perspective (see Section 2.5 Effects of the Proposed Action). Estimated mountain whitefish habitat (i.e., Snake River physa habitat) between Swan Falls Dam and Brownlee Reservoir was 1,225 hectares (ha) and 2,194 ha at 6,000 and 7,000 cfs, respectively (USFWS 2012). We chose these two discharge levels as best representing the range of flows in the action area likely to occur for the longest period of time during the project time frame (although Anglin et al. (1992) and Brink (2008) estimated mountain whitefish spawning habitat over a much wider range of flows). The action area encompasses approximately 3.07 ha (estimated using Google Earth map tools), which represents about 0.25 percent and 0.14 percent of the estimated Snake River physa habitat between C.J. Strike Dam and Brownlee Reservoir at 6,000 and 7,000 cfs respectively. The inclusion of existing but unknown area of Snake River physa habitat in the C.J. Strike Reach (previously discussed in this Section) to these calculations would further decrease these percentages. 2.4.2 Factors Affecting the Species in the Action Area The Idaho Power Company conducts load-following operations at its C.J. Strike Hydroelectric Project (C.J. Strike Project), 7.8 miles upstream of the Grandview Bridge, in order to meet fluctuating demands in energy production. The Federal Energy Regulatory Commission (Commission) license No. 2055 for the Company’s C.J. Strike Project constrains ramping rates for load-following to changes in stage height (river level) of 2.5 feet per hour and 4 feet per day. The range of flows from the C.J. Strike Project may vary nearly three-fold over 24 hours in low- and median-water years, with less fluctuation in high water-years when river volume exceeds the power plant capacity (Commission 2002). The fluctuations due to load-following typically expose about 10 percent of the river bed on a daily basis in the C.J. Strike Reach during low- and median-water years, and expose about 10 percent of the river bed on a daily basis during July and August in high-water years (Commission 2002). Due to the placement of turbine intakes and the spill gates midway in the reservoir depth (between 40 to 50 feet above the reservoir bottom) at C.J. Strike Dam, the dam functions as an effective sediment trap, i.e., most of the sediment load entering C.J. Strike reservoir likely settles out of the water column upstream of the dam. Unpublished data collected by the Idaho Power Company indicates a daily input of approximately 12,000 pounds of total suspended solids into

28 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project the Snake River between C.J. Strike Dam and the Grandview Bridge during a typical irrigation season. Forsgren Associates, Inc. (Sherman, pers. comm.) recorded a mean and maximum water velocity of 2.6 feet per second and 4.2 feet per second respectively through the water column at the Grandview Bridge in December of 2013. These velocities would likely be sufficient to keep sediment suspended in at least some portions of the action area. However, examination of discharge data from the USGS gage # 13171620 located just below C.J. Strike Dam indicates that low summer flow, when water is diverted from the river for irrigation upstream, would likely produce velocities less than measured by Forsgren—potentially resulting in sediment deposition. Substrates recorded in the vicinity by ITD and Idaho Power Company suggests that indeed, sand is deposited in the action area at least in some seasons. Macrophytes would likely establish in such deposition areas under normal conditions. However, few macrophytes are found in the action area, likely due to load-following operations at the C.J. Strike Hydroelectric Project limiting macrophyte establishment downstream of the dam. Idaho State standards for dissolved oxygen (DO) downstream of hydroelectric projects IDAPA 58.01.02, Subsection 276.02) are:  3.5 mg/L instantaneous minimum  4.7 mg/L 7-day mean minimum  6.0 mg/L 30-day mean Idaho Power Company continuously monitors DO and water temperatures downstream of C.J. Strike Dam at 10-minute intervals, and occasionally records periods when DO drops below the 3.5 mg/L instantaneous minimum. Their water quality compliance specialists note a strong and consistent correlation between DO less than the 3.5 mg/L instantaneous minimum downstream of the dam and low water volume in the Snake River entering C.J. Strike Reservoir (Hoelscher pers. comm. 2014). Low water conditions in the summer lead to stratification within the reservoir, with low DO concentrations developing at the depth from which the turbines and spill gates draw water. Conditions leading to low flows entering C.J. Strike Reservoir are largely controlled upstream at the privately owned , and are not controlled by Idaho Power Company. Idaho Power Company also has measured decreases in total phosphorous (total P) entering C.J. Strike Reservoir in the last two years (2013-2014), at levels below the 0.070 mg/L TMDL for total P required in the Mid Snake River/Succor Creek Subbasin Assessment (IDEQ 2011), with total P levels only infrequently exceeding the target. Reasons for the decrease in total P are not known.

2.5 Effects of the Proposed Action Effects of the action considers the direct and indirect effects of an action on the listed species or critical habitat, together with the effects of other activities that are interrelated or interdependent with that action. These effects are considered along with the environmental baseline and the predicted cumulative effects to determine the overall effects to the species. Direct effects are defined as those that result from the proposed action and directly or immediately impact the species or its habitat. Indirect effects are those that are caused by, or will result from, the proposed action and are later in time, but still reasonably certain to occur. An interrelated activity is an activity that is part of the proposed action and depends on the proposed action for its justification. An interdependent activity is an activity that has no independent utility apart

29 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project from the action under consultation. No critical habitat has been designated for this species. Therefore, there are no impacts to critical habitat to be analyzed. The 2010 Programmatic Assessment consulted on all species then listed as threatened, endangered, or candidate (Table 3), including Snake River physa. Relevant to this project, the Programmatic Assessment made not likely to adversely affect determinations for all species for the effects of bridge deck hydrodemolition, silica fume and [latex] modified concrete overlay (toxic to some organisms), application of concrete waterproof system Type C (silane or Siloxane—toxic to some organisms), and the BMPs for these activities (Programmatic Assessment 2010; Table 3 this Opinion). The Service’s analysis of direct and indirect effects for Snake River physa in our 2010 Programmatic Opinions concluded that implementation of all Programmatic Assessment actions involving “delivery of contaminants such as fuel, oil, or concrete washout water” would have insignificant impacts to Snake River physa (Programmatic Opinions, p. 61). Although we did not discuss the effects of individual materials or processes (e.g., application of Type C waterproofing) on Snake River physa in our Programmatic Opinions, the project Erosion-Sediment Control and Spill Prevention Plans include BMPs either drawn from or consistent with those described in the Programmatic Assessment for bridge deck hydrodemolition, silica fume and [latex] modified concrete overlay, and application of concrete waterproof system Type C. Therefore we expect that impacts to Snake River physa from these project activities and BMPs will not rise to the level of significance. Since these components of the proposed action are consistent with the Programmatic Assessment, their effects will not be further evaluated. Potential impacts to Snake River physa may result from the following aspects of the proposed action:  Deployment and moving of the turbidity curtain: includes bottom disturbance from wave action against the curtain bottom; bottom disturbance from Danforth anchors, concrete blocks, or steel stakes used to anchor the curtain; and from an H-pile driven into the river bottom as a curtain anchor point.  Sand and concrete debris falling into the river from chipping and cleaning of concrete girder ends and pile caps;  Cleaning of the piles (both underwater and above water), resulting in debris falling to the river bottom;  Leveling of the river bottom at the pile bases and removal of any crumbling concrete at the bases;  Contact with the water of epoxy grout used to seal the seams of the fiberglass-reinforced jackets around the piles: less than 1 percent of an estimated < 30 cubic yards of epoxy grout will be used to seal the seams below water and so will come into contact with the water; and,  River bottom disturbance from pile driving and removal of spuds used to anchor work barges (4 spuds per barge) beneath the bridge.

30 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Table 3. Project effect determinations for all species. Programmatic Biological Assessment: Statewide Federal Aid, State, and Maintenance Actions. Idaho Transportation Department, March 2010. Not Likely to Adversely Activities or Projects Likely to Adversely Affect Activities or Projects

Seal coats, tack coat, prime coat Two-lane bridge construction (over water) Plant mix overlay Bank stabilization (riprap)--stream channel CRABS Bank stabilization (gabion basket)--stream channel (cement recycled asphalt base stabilization) CIR (cold in-place recycle) Culvert installation--perennial stream Bridge deck hydro-demolition* Culvert extension--perennial stream Silica fume and latex modified concrete overlay* Geotechnical drilling HMWM (high molecular weight methacrylate seal) Small structure repair Concrete waterproof systems All likely to adversely projects assume in-water work (membrane Type A, B, C*, and D) and issuance of COE, IDWR, and IDEQ permits. Bridge deck epoxy chip seal Two-lane bridge construction (upland) Excavation and embankment for roadway construction (earthwork) Rock scaling Passing lanes, turnbays and slow-moving vehicle turnouts (wide shoulder notch) Pavement widening (sliver shoulder notch) Bank stabilization (riprap)--upland Bank stabilization (gabion basket)--upland Mechanically stabilized earth embankment (MSE wall) Ditch cleaning Culvert installation--seasonal Culvert extension--seasonal stream Culvert maintenance--seasonal stream Guardrail installation Striping (methyl methacrylate or paint)

* Activities used in this project. 2.5.1 Direct Effects of the Proposed Action Direct effects to Snake River physa from the proposed action may consist of injury or mortality to individuals or egg masses resulting from crushing, or from suffocation from deposition of mobilized sediment, due to:

31 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

 Sand and concrete debris falling into the river from chipping and cleaning of concrete girder ends and pile caps and cleaning of the piles (both underwater and above water);  Bottom disturbance from placement and removal of various means that may be used to anchor the turbidity curtain, and from driving and removal of spuds to anchor the barges; and,  Leveling of the river bottom at the pile bases and removal of crumbling concrete at the bases. Direct effects to Snake River physa may also consist of injury or mortality to individuals or egg masses resulting from exposure to increased pH or other potential toxic effects due to:  Contact with river water of epoxy grout used to seal the seams of the fiberglass- reinforced pile jackets: the total estimated volume of epoxy grout expected to be in contact with water is a cube less than 2.08 feet on a side (less than 1 percent of an estimated 30 cubic yards of epoxy grout for sealing the fiberglass-reinforced pile jacket seams—see Section 2.1.2, Summary of Materials Used Underwater).

2.5.2 Indirect Effects of the Proposed Action Indirect effects to Snake River physa from the proposed action may result from:  Individuals dislodged from preferred substrate by falling debris and entering the current, potentially to be carried to less suitable habitat where survival or reproduction may be questionable;  Loss of forage due to covering of periphyton or other forage by falling debris or sediment mobilized by: o Bottom disturbance resulting from placement and removal of the turbidity curtain; o Anchoring and moving the barges; o Removal of crumbling concrete from and leveling of the river bottom at pile bases; and,  Contact with river water of epoxy grout used to seal the seams of the fiberglass- reinforced pile jackets may increase the pH of river water, leading to plumes of high pH which could result in damage to and loss of Snake River physa forage periphyton within the action area before dilution lowers pH downstream of the project. Deployment of the turbidity curtain around the piers during underwater work is expected to reduce potential direct and indirect effects of pH resulting from epoxy grout. The curtain will retain water in which pH may increase, preventing release of a plume of water with a high pH. Dilution of affected water will occur within the curtain, and the curtain will result in a slower release of water that has become more basic. Any Snake River physa present on bottom substrates within the area of the turbidity curtain may be injured or killed, and periphyton forage on substrates within the curtain may be damaged or destroyed, if the pH of water near or at the bottom increases significantly due to exposure to epoxy grout within the curtain. No studies have been conducted evaluating the effects of high pH on Snake River physa. Gates and Kerans (2010) reported a pH mean of 8.73 for occupied Snake River physa habitat at Minidoka. The Bliss Rapids snail inhabits non-reservoir reaches of the Snake River between

32 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Lower Salmon Falls Dam and King Hill (RM 572-547) (which overlaps the type locality for Snake River physa), and is known to persist in the river in conditions which at times has reached a pH of 8.84 at King Hill (Younk and Hoelscher 2014). Though we do not know the effect of a pH of 8.84 on Bliss Rapids snail individuals, this suggests the possibility that colonies or individuals of other snail species such as Snake River physa might tolerate high pH for short time periods. High pH may affect aquatic organisms through indirect paths, as well. When present in aquatic + environments, ammonia exists in equilibrium in two forms, NH3 and NH4 , of which NH3 is the form toxic to aquatic organisms, including mollusk and snail species (EPA 2013). The + concentrations of each form in equilibrium vary with pH and temperature, with the NH3:NH4 + ratio increasing ten-fold for each rise of a single pH unit. At 25 degrees C, NH3 and NH4 are present in roughly the same concentrations at about pH 9.2 (EPA 2013), and NH3 will exceed + NH4 at a higher pH. Analysis of the available data from the reaches of the Snake River between C.J. Strike Dam and Weiser, Idaho suggests that, although Snake River physa have been recovered from substrates that include sand, they consistently select for sand or sand-associated substrates in this reach much less than the frequency with which such substrates were recorded in samples (Winslow et al. 2012, in litt.). Relevant to project effects, it may be noteworthy that none of the eleven Snake River physa recovered from the C.J. Strike Reach were found in sand or sand-associated substrates such as are assumed to occur in the action area (analysis of Idaho Power Company unpublished data). Snake River physa substrate use (differing from substrate selection) may be a function of the availability, distribution, and juxtaposition of substrates at a site-specific scale. That is, if sand adjoins, for example, preferred cobble/gravel occupied by Snake River physa, some small number of individuals may venture into the sand. We might then expect fewer Snake River physa to be found on sand or sand-associated substrates that do not adjoin preferred habitat. Snake River physa recovered in the Minidoka Reach, where the species is far more abundant compared to the C.J. Strike Reach, were collected from sand only slightly less (17 percent) than the same frequency as which sand appeared (18.5 percent) in Minidoka samples. We do not have sufficient data to determine if sand adjoined occupied pebble habitat at Minidoka, or if the gravel/sand in the action area adjoins the gravel/pebble downstream at RM 485. Therefore, while based on the available evidence it is reasonable to conclude that Snake River physa presence on the sand and gravel substrate in the action area is likely to be low, we cannot rule out the presence of a few individuals. Given the small extent of the action area, (equivalent to between 0.25 and 0.14 percent of estimated Snake River physa habitat downstream of Swan Falls Dam), and the documented and viable population of this species at Minidoka, we conclude that potential direct and indirect effects of the proposed action will not jeopardize the continued survival and recovery of the species. 2.5.3 Effects of Interrelated or Interdependent Actions No interrelated or interdependent actions were identified for this project.

33 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

2.6 Cumulative Effects The implementing regulations for section 7 define cumulative effects to include the effects of future State, tribal, local or private actions that are reasonably certain to occur in the action area considered in this Opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. The Snake River physa’s preference for high-flow environments with low levels of fine sediments can be impacted by water management and land use upstream of the action area. As stated in Section 2.4.2, summer low water conditions entering C.J. Strike Reservoir are controlled upstream at Milner Dam, where most of the Snake River discharge is diverted to irrigation canals during the growing season. Springs and cold-water tributaries derived from the Eastern Snake River Plain Aquifer (ESRPA) discharging into the Snake River downstream of Milner Dam in the Thousand Springs area are thus a primary source of water volume and quality in the Snake River within the action area. As such, impacts from over-pumping of the ESRPA or groundwater contamination may adversely affect habitats occupied by the Snake River physa downstream of the Thousand Springs area. Accumulation of fine sediments in the Snake River will, in part, be dependent on water-year type which controls river volume, flow, and velocity, which redistributes sediments. During high water years fine sediments will be moved to reservoirs or carried farther downstream. Summer is the period of lowest discharge from C.J. Strike Dam. Article 402 of the FERC License No. 2055 for the C.J. Strike Hydroelectric Project, states that flows leaving C.J. Strike Dam must be a minimum of 3,900 cfs. Although Idaho Power Company typically releases more than the license minimum, in recent years averaging mean monthly flows approximately between 6,000- 7,500 cfs, during low water years discharge at C.J. Strike Dam may approach 3,900 cfs. During such periods of low flows fine sediments (such as the estimated 12,000 pounds per day of total suspended solids from agricultural return into the Snake River upstream of the action area, Idaho Power Company unpublished data) can be expected to be more widely distributed in unimpounded reaches (including the action area), likely rendering suitable or marginal habitat unsuitable for Snake River physa. Climate change predictions for the Pacific Northwest, including the drainage (of which the Snake River is a major tributary), for the period 2041-2070 compared to the means from the period 1950-1999, indicate the following (Dalton et al. 2013):  Air temperature warming of at least 0.5 oC in all seasons (all climate models), with overall annual mean warming between 1.1 oC and 4 oC, with the lower end possible only unless greenhouse gas emissions are significantly reduced; and with projected warming predicted to be greater for summer.  Annual average precipitation increase by about 3 percent.  For snow-dominated watersheds (applies to the Snake River in particular and the Columbia drainage overall), a shift toward mixed rain-snow conditions, leading to reduced snowpack, earlier and reduced spring peak flow, increased winter flow, and reduced late-summer flow. In addition, there is evidence suggesting that greenhouse forcing has resulted in reduced high elevation precipitation, primarily snow, between October and April, in the Pacific Northwest

34 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project from 1950-2012, and this has been projected to continue under ongoing climate change (Luce et al. 2013). Moist air from the Pacific is forced upslope in the Pacific Northwest between October and April by lower-tropospheric winds. When upslope air movement is forced to occur more rapidly at strong elevation gradients, more moisture is precipitated out more rapidly; this is termed orographic precipitation enhancement. Luce et al. (2013) hypothesize that greenhouse forcing has weakened lower-tropospheric winter winds in the Pacific Northwest, resulting in reduced orographic precipitation enhancement (i.e., moist air is not pushed as high, and the air retains some of the moisture) at higher elevation, leading to reduced high elevation snowpacks. Modeling has shown that this effect is greatest over Washington and northern Idaho, but the effect is also occurring over central and eastern Idaho, and western Montana and Wyoming. These last three areas contain the primary snowmelt-dominated mountain ranges whose drainages feed the Snake River in the action area. The authors hypothesize that observed declines in stream flow in the Pacific Northwest between 1950-2012 are a result of precipitation declines, with much of the decline occurring at high elevation due to reduced orographic precipitation enhancement. Changes in high elevation precipitation are largely missed by the topography used in global circulation models (used in climate change modeling), which tends to flatten mountain ranges and thus dampen altitudinal effects on air masses and precipitation. The processes investigated and modeled by Luce et al. (2013) were published after the projections cited by Dalton et al. (2013). The projections by Luce et al. (2013) of decreasing snowpacks in response to reduced orographic precipitation enhancement would seem to be additive to projected reductions in snowpacks resulting from a shift toward mixed rain-snow conditions in what are currently snowmelt-dominated watersheds as described by Dalton et al. (2013). In addition, the reduced high elevation winter precipitation may result in a reduction in total annual precipitation. If these hypotheses are correct, periods of low summer flows in the Snake River can be expected to increase over the next 50 years. Release of low summer flows from C.J. Strike Dam approaching the license minimum of 3,900 cfs may become much more common, leading to frequent and wide distribution of fine sediments in unimpounded reaches, and impacting and reducing Snake River physa habitat in and near the action area.

2.7 Conclusion The Service has reviewed the current status of the Snake River physa, the environmental baseline in the action area, effects of the proposed action, and cumulative effects, and it is our conclusion that the proposed action is not likely to jeopardize the species continued existence. Our conclusion is based on the habitat suitability in and relative size of the action area. Snake River physa do not preferentially select for sand/gravel substrates. Even if the action area consisted of preferred habitat, the action area represents < 0.25 percent of preferred habitat estimated (using mountain whitefish spawning habitat as a surrogate) to occur between Swan Falls Dam and Brownlee Reservoir. Based on unpublished dredge sampling data and live collection of Snake River physa by Idaho Power Company, there is additional known but unestimated Snake River physa preferred habitat in the C.J. Strike Reach. The project will impact an insignificant area of estimated Snake River physa preferred habitat in the C.J. Strike Dam to Brownlee Reservoir Snake River reaches. While we cannot rule out the presence of a few Snake River physa individuals in the action area, based on the species’ use of habitat at Minidoka, it is the Service’s conclusion, based on best professional judgment, that the species’

35 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project use of substrates in the C.J. Strike Dam to Brownlee Reservoir Snake River reaches is more likely to be consistent with our analysis of substrate use in this section of the river. That is, Snake River physa will utilize sand or sand-associated substrates much less than the frequency of occurrence of such substrates. Hence, we conclude that the project may impact an insignificant number of Snake River physa individuals, far less than would jeopardize the species continued existence or recovery.

2.8 Incidental Take Statement Section 9 of the Act and Federal regulations pursuant to section 4(d) of the Act prohibit the take of endangered and threatened fish and wildlife species, respectively, without specific exemption. Take is defined as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or to attempt to engage in any such conduct. Harm in the definition of take in the Act means an act which actually kills or injures wildlife. Such act may include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as an intentional or negligent act or omission which creates the likelihood of injury to listed species by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited taking under the Act provided that such taking is in compliance with the terms and conditions of this Incidental Take Statement. The Administration has a continuing duty to regulate the activity covered by this incidental take statement. If the Administration fails to assume and implement the terms and conditions the protective coverage of section 7(o)(2) may lapse. In order to monitor the impact of incidental take, the Administration must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [50 CFR §402.14(i)(3)].

2.8.1 Form and Amount or Extent of Take Anticipated The action area was not surveyed for Snake River physa, and existing information is insufficient to estimate the presence and numbers of Snake River physa with acceptable confidence. The Service anticipates that incidental take of any Snake River physa occurring in the action area will be in the form of death and injury to individuals and eggs due to direct effects resulting from:  Sand and concrete debris falling into the river during bridge repair work;  Bottom disturbance involved with placement of the turbidity curtain and barges, and from leveling of the river bottom at the pile bases and repair work on the piles;  Contact with river water with a pH > 9.0 due to the effect of epoxy grout elevating pH upon contact with water.

36 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Incidental take may also take the form of harm or harassment resulting from indirect effects of:  Individuals dislodged from preferred substrate by project activities, to be carried to less suitable habitat;  Loss of periphyton or other forage due to falling debris or sediment mobilized by project activities covering periphyton, or from damage or destruction of periphyton due to contact elevated pH due to effects of epoxy grout on water. The extent of incidental take exempted for this project includes all Snake River physa individuals and eggs occurring in the Snake River within the maximum wetted area of the riverine portion of the action area that may be present during the expected project period. 2.8.1.1 Effect of the Take In the accompanying Opinion, the Service determined that this level of anticipated take is not likely to jeopardize the continued existence of the Snake River physa across its range, nor affect the species’ recovery. We based this conclusion on the expected low probability of Snake River physa presence due to the insignificant amount of habitat present in the action area. 2.8.1.2 Reasonable and Prudent Measures The Service concludes that the following reasonable and prudent measures are necessary and appropriate to minimize the take of Snake River physa caused by the proposed action. 1) Minimize the potential for construction related debris (sand and concrete) to enter the Snake River, and minimize the potential for construction related erosion and sediment mobilization. 2) Minimize the potential for contact of hazardous materials with the river. 2.8.1.3 Terms and Conditions In order to be exempt from the prohibitions of section 9 of the Act, the Administration must comply with the following terms and conditions, which implement the reasonable and prudent measures described above and outline required reporting/monitoring requirements. These terms and conditions are non-discretionary. 1) The Administration and ITD shall ensure that the construction contractor(s) implement the BMP measures to meet their explicit and implied intent. As a component of this term and condition, the Administration and ITD shall allow Service site inspections, which may or may not occur with advance notice. 2) If any BMP is found not to work, or does not accomplish its intent as far as minimizing or avoiding potential take of Snake River physa, work involving that BMP shall stop, and the Administration and ITD shall notify and consult with the Service as soon as possible regarding revision of the BMP and the need for reinitiation of consultation (see section 2.10 below). 2.8.1.4 Reporting and Monitoring Requirement In order to monitor the impacts of incidental take, the Administration and/or ITD must report the progress of the action and its impact on the species to the Service as specified in the incidental take statement [(50 CFR 402.14 (i)(3)], as follows:

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 Provide to the Service on a monthly basis copies of daily equipment and inspection logs/reports and of corrective actions taken involving any equipment and/or vehicle failures that lead to release of pollutants or hazardous materials directly or indirectly into the Snake River.  Follow reporting and remediation guidelines required by IDEQ and EPA, and report to the Service any spills also reported to these two agencies.  Provide the Service with copies of Erosion and Sediment Control Plan (including Spill Prevention Plan) inspection reports to the Service on a monthly basis.  After all in-stream work is completed, provide the Service with a copy of the monitoring log for turbidity and pH monitoring.

2.9 Conservation Recommendations Section 7(a)(1) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities to minimize or avoid adverse effects of a proposed action on listed species or critical habitat, to help implement recovery programs, or to develop new information on listed species. Substrate data in the Snake River is limited, with most of the most recent data of which the Service is aware within the range of the Snake River physa having been collected no later than 2003 (with the exception of the Minidoka Reach). Water year type or individual high flow events may rearrange substrates in localized areas of the river, leading to establishment or redistribution of Snake River physa preferred habitat. The existing data is useful for determining the need for species’ surveys, but may not be sufficient in many cases for determining the potential of a project to impact Snake River physa. Assuming, without surveys, the presence of Snake River physa or of preferred habitat in a project area based on aging substrate data may lead to exemption of incidental take in excess of what analyses based on survey data might otherwise indicate is appropriate for the species, which may contravene the intent of section 7 of the Act. In addition, assuming the presence of the species, without surveys, may lead to time and cost for a formal consultation when this may not have been necessary. Given the above, we recommend that for future Administration/ITD bridge repair or construction projects within the range of Snake River physa, surveys for the presence of the species and of suitable habitat will be conducted, if so recommended, after consulting with the Service. During such discussions, we will use existing substrate data and other available information to determine if the weight of existing information indicates a need for surveys.

2.10 Reinitiation Notice This concludes formal consultation on the Snake River physa for the Grandview Bridge Rehabilitation Project. As provided in 50 CFR §402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been maintained (or is authorized by law) and if: 1. The amount or extent of incidental take is exceeded.

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2. New information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this Opinion. 3. The agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in this Opinion. 4. A new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must cease pending reinitiation.

39 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

3. LITERATURE CITED

3.1 Published Literature Alexander, J.E. and A.P Covich. 1991. Predation Risk and Avoidance Behavior in Two Freshwater Snails. Biological Bulletin 180: 387-393. Anglin, D.R., T.R. Cummings, and A.E. Ecklund. 1992. Swan Falls Instream Flow Study. Lower Columbia River Fishery Resource Office, Vancouver, Washington. AFF1-FRO-92-14. Bean, B. and M. Stephenson. 2011. Swan Falls Biological Assessment for the Snake River Physa. Swan Falls, FERC Project No. 503. Idaho Power Company, Boise, Idaho. March 2011. 30 pp. Bionomics Environmental, Inc. 2014. Biological Assessment, Idaho Transportation Department District 3, SH-167, Snake River Bridge near Grand View, Elmore and Owyhee Counties. Project No. A012 (881), Key No. 12881. Brink, S.R. 2008. Fish habitat vs. flow descriptions in the Swan Falls Reach of the Snake River. Technical Report Appendix E.2.3.-A. Swan Falls Project, FERC No. 503. Idaho Power Company. Chambers, P.A., E.E. Prepas, H.R. Hamilton, and M.L. Bothwell. 1991. Current velocity and its effect on aquatic macrophytes in flowing waters. Ecological Applications 1(3):249-257. DeWitt, R.M. 1955. The ecology and live history of the pond snails Physa gyrina. Ecology 36(1): 40-44. Dalton, M.M., J. Bethel, S.M. Capalbo, J.E. Cuhaciyan, S.D. Eigenbrode, P. Glick, L.L. Houston, J.S. Littell, K.Lynn, P.W. Mote, R.R.Raymond, W. S. Reeder, S.L. Shafer, and A.K. Snover. 2013. Executive Summary, in: M.M. Dalton, P.W. Mote, and A.K. Snover, (eds)., Climate Change in the Northwest: Implications for Our Landscapes, Waters, and Communities, 1st edition. Island Press, Washington, DC. Dillon, R.T. 2000. The Ecology of Freshwater Molluscs. Cambridge University Press, Cambridge, U.K. 509 pp. Dillon, R.T.,C.E. Earnhardt, and T.P. Smith. 2004. Reproductive isolation between Physa acuta and Physa gyrina in joint culture. American Malacological Bulletin 19: 63-68. Dillon, R.T., J.D. Robinson, T.P. Smith, and A.R. Wethington. 2005. No reproductive isolation between freshwater pulmonate snails Physa virgata and P. acuta. The Southwestern Naturalist 50(4): 415-2-422. Federal Energy Regulatory Commission (Commission). 2002. Final Environmental Impact Statement, C.J. Strike Project, Idaho. FERC Project No. 2055. October 2002. Fitch, G.M. 2003. Final report: Minimizing the impact on water quality of placing grout underwater to repair bridge scour damage. Virginia Transportation Research Council, in cooperation with the U.S. Department of Transportation, Federal Highway Administration. Charlottesville, Virginia. June 2003.

40 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Frest, T.J., P.A. Bowler, and R. Hershler. 1991. The Ecology, Distribution and Status of Relict Lake Idaho Mollusks and other Endemics in the Middle Snake River. Preliminary Report to the Idaho Fish and Wildlife Office, Boise, Idaho. 18 pp. Frest T.J. and E. Johannes. 2004. Survey of Selected Snake River Sites for Haitia natricina (Taylor 1988). Report prepared for Idaho Power Company and Fish and Wildlife Service, Boise, Idaho. April 12, 2004. 15 pp. Gates, K.K. and B.L. Kerans. 2010. Snake River Physa, Physa (Haitia) natricina, Survey and Study. Report submitted to Bureau of Reclamation, Agreement 1425-06FC1S202. Final draft submitted October 5, 2010. 96 pp Gates, K.K. and B.L. Kerans. 2011. Snake River Physa, Physa (Haitia) natricina, Identification and Genetics. Final Report to Idaho Power Company and Fish and Wildlife Service. Order 10181AM401. April 19, 2011.12 pp. Idaho Transportation Department (ITD). 2010. Programmatic Biological Assessment: Statewide Federal Aid, State, and Maintenance Action. Districts 1-6. State of Idaho, Idaho Transportation Department, Lewiston, Idaho. March 2010. Keebaugh, J. 2009. Idaho Power Company Physidae: 1995-2003: Review Notes. Report prepared by Orma J. Smith Museum of Natural History at the College of Idaho for the U.S. Fish and Wildlife Service and Idaho Power Company. May 14, 2009. 126 pp. Luce, C.H., J.T. Abatzoglou, and Z.A. Holden. 2013. The missing mountain water: Slow westerlies decrease orographic enhancement in the Pacific Northwest USA. Science, 342:1360-1364. McMahon, R.F. 1975. Effects of artificially elevated water temperatures on the growth, reproduction and life cycle of a natural population of Physa virgata Gould. Pennak, R.W. 1953. Fresh-water Invertebrates of the United States. Ronald Press, New York, NY. 769 pp. Pentec Environmental. 1991. Distribution Survey of Five Species of Molluscs, Proposed for Endangered Status, in the Snake River, Idaho, during March 1991. Final Report submitted to Idaho Farm Bureau. Pentec Environmental, Inc., Boise, Idaho. March 29, 1991. 28 pp. Rogers, D.C. and A.R. Wethington. 2007. Physa natricina Taylor 1988, junior synonym of P. acuta Draparnaud, 1805 (Pulmonata: Physidae). Zootaxa 1662: 42-51. Taylor, D.W. 1988. New species of Physa (: ) from the western United States. Malacological Review 21: 43-79. Taylor, D.W. 2003. Introduction to Physidae (Gastropoda: Hygrophila): Biogeography, Classification, Morphology. International Journal of Tropical Biology and Conservation 15, Supplement1, March 2003. 299 pp. U.S. Environmental Protection Agency (EPA). 2013. Aquatic life ambient water quality criteria for ammonia - freshwater. Office of Water, Office of Science and Technology. 221 p.

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U.S. Fish and Wildlife Service (USFWS). 1995. Snake River Aquatic Species Recovery Plan. U.S. Fish and Wildlife Service, Portland, Oregon. December 1995. 64 pp. and appendices. U.S. Fish and Wildlife Service (USFWS). Biological Opinion for Bureau of Reclamation Operations and Maintenance in the Snake River Basin Above Brownlee Reservoir. U.S. Fish and Wildlife Service, Snake River Fish and Wildlife Office, Boise, Idaho. March 2005. 283 pp. and appendices. U.S. Fish and Wildlife Service (USFWS). 2010. Biological and Conference Opinions for the Programmatic Idaho Transportation Department Statewide Federal Aid, State, and Maintenance Actions. 14420-2010-F-0287. Idaho Fish and Wildlife Office, Boise, Idaho. U.S. Fish and Wildlife Service (USFWS). 2012. Biological Opinion for the Swan Falls Hydroelectric Project, FERC No. 503. January 2012. 14420-2011-F-0318 Idaho Fish and Wildlife Office, Boise, Idaho. U.S. Fish and Wildlife Service (USFWS). 2013. Biological Opinion for the U.S. Interstate Highway 84 Twin Bridges Replacement, Cassia and Minidoka Counties, Idaho. 01EIFW00-2013-F-0150, Idaho Fish and Wildlife Office, Boise, Idaho. U.S. Geological Survey (USGS). 2003. Snake River water temperatures for the period 1979 to 2004, Howell’s Ferry, Idaho, USGS Gage 13081500. National Water Information System: Web Interface. Younk, J., and B. Hoelscher. 2014. Middle Snake River water-quality monitoring annual report—water year 2013. Idaho Power Company, January 2014. 74 pp.

3.2 In Litteris References Burch, J.B. 2008, in litt. Physa natricina and the Snail Family Physidae in North America. Power Point presentation to the Bureau of Reclamation, Boise, Idaho. May 1, 2008. Keebaugh, J. 2014, in litt. Upper Snake River snail collection review; presence/absence of Snake River physa [Physa (Haitia) natricina]: Phase 2 and project final report. June 30. 130 pp. Kerans, B. and K. Gates. 2008, in litt. Snake River Physa Physa naticina Sampling Below Minidoka Dam 2006, Interim Report. Submitted: U.S. Bureau of Reclamation, Burley, Idaho. 29 April 2008. 20 pp. Newman, R. 2011, in litt. Email exchange and notes from a conversation with Ryan Newman, biologist with the Bureau of Reclamation, Minidoka Dam, regarding sediment and macrophyte growth downstream of Minidoka Dam where Snake River physa were found. December 7, 2011. Rudel, S. 2014, in litt. Email to USFWS Mark Robertson; includes verification that previous discussions with USFWS concluded to forego surveying for snails, instead to acknowledge they are present at the Grandview Bridge project.

42 Ed Miltner, Bridge and Operations Engineer 01EIFW00-2014-F-0397 Federal Highway Administration, Idaho Division Grandview Bridge Rehabilitation Project

Smith, J. 2014. Email, summary of best management practices for containing bonding agent while working over water. Discussion among Idaho Transportation Department, U.S. Fish and Wildlife Service, Bionomics Environmental, Inc., and Forsgren Associates, Inc. Taylor, D.W. 1982. Status report on Snake River physa snail. Prepared for the U.S. Fish and Wildlife Service. July 1, 1982. Winslow, D.K., B. Bean, and K. Gates. 2011. Snake River physa (Physa natricina) substrate selection in the Snake River, Idaho. Idaho Fish and Wildlife Service, Boise, Idaho.

3.3 Personal Communications Newman R. 2012. E-mail provided to the Service indicating that the Bureau of Reclamation had failed to find any Snake River physa in their study area upstream of Minidoka Dam during their 2011 surveys. E-mail to D. Hopper, IFWS, 9 January 2012. Hoelscher, B. 2014. Brian Hoelscher of Idaho Power Company (IPC) provided data IPC collects at C.J. Strike Dam for dissolved oxygen and phosphorous in phone conversation with Dwayne Winslow of IFWO on October 8, 2014. Sherman, R. 2014. Ryan Sherman of Forsgren Associates, Inc. provided mean and maximum water velocity measured in the water column beneath Grandview Bridge in December of 2013 in a phone conversation with Dwayne Winslow of the IFWO on October 1, 2014.

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