Red Mountain Complex OHV Route Restoration (Sierra National Forest Project RW16-001) USDA Forest Service Sierra National Forest High Sierra Ranger District Fresno County, California Township 8 S., Range 26E, Sections 20-23, 25-28, 32-36; Township 9 S., Range 26E, Sections 1-5, 9-11; Township 9 S., Range 27E, Section 6, of the Mt Diablo Base Meridian. USGS Quads: Huntington Lake and Dogtooth Peak Prepared by /Contact Person: Leanne Knutson Phone number: (559) 855-5355 Ext3344 Assistant Aquatics Biologist Email: [email protected] Reviewed by: Stephanie Barnes Phone number: (559) 855-5355 Ext3343 District Aquatics Biologist Email: [email protected] I. INTRODUCTION The purpose of this Biological Assessment is to present an analysis of effects for the Red Mountain Complex OHV Route Restoration Project (RW16-001) on federally listed endangered and threatened species and their habitat. The analysis is conducted to determine whether formal consultation or conference is required with the United States Department of Interior (USDI) Fish and Wildlife Service (USFWS), pursuant to the Endangered Species Act. The biological assessment is prepared in compliance with the requirements of Forest Service Manual 2670 and provides for compliance with Code of Federal Regulations (CFR) 50-402.12. The Red mountain Complex OHV Route Restoration Project (RW16-001) is located on the Sierra National Forest; High Sierra Ranger District with elevation range from 8600 to about 9200 feet. Decommissioning and restoring damaged areas due to illegal off highway vehicle (OHV) use and overused dispersal camping on undesignated areas is proposed within parts of about 424 acres. Treatments involve a combination of manual, mechanical methods. The purpose and need is to protect resources and legal trail integrity. There are 13 threatened (T), endangered (E), or proposed (P) aquatic species (listed next) that either do not occur, do not have habitat within or adjacent to, or are not affected directly, indirectly, or cumulatively by the Red Mountain Complex OHV Route Restoration Project. Therefore, these species will not be addressed further in this document nor is formal consultation required with the USDI Fish and Wildlife Service (USFWS) for these species. The Red Mountain Complex OHV Route Restoration (RW16-001) would have no effect on these 13 aquatic species or habitats: Blunt-nosed leopard lizard (E), Gambelia (=Crotaphytus) sila California red-legged frog (T), Rana aurora draytonii California tiger salamander (T), Ambystoma californiense Central valley steelhead (T), Oncorhynchus mykiss Delta smelt (T), Hypomesus transpacificus Giant garter snake (T), Thamnophis gigas Lahontan cutthroat trout (T), Oncorhynchus (=Salm(o) clarki henshawi Owens tui chubb (E), Gila bicolor snyderi Paiute cutthroat trout (T), Oncorhynchus (=Salmo) clarki seleniris Sierra Nevada yellow-legged frog (E), Rana sierrae Steelhead (T), Oncorhynchus (=salmo) mykiss Vernal Pool Fairy Shrimp (E), Branchinecta conservation Vernal Pool tadpole Shrimp (E), Lepidurus packardi There are 6 candidate (C), Forest Service Sensitive (FFS), or Species of Concern (listed next) that either do not occur, do not have habitat within or adjacent to, or are not affected directly, indirectly, or cumulatively by Red Mountain Complex OHV Route Restoration Project. Therefore, these species will not be addressed further in this document nor is technical assistance required with the USDI Fish and Wildlife Service (USFWS) for these species. The Red Mountain Complex OHV Route Restoration (RW16-001) would have no effect on these 6 aquatic species or habitats: Foothill yellow-legged frog (FSS), Rana boylii Hardhead minnow (FSS), Mylophardon conocephalus Limestone salamander (FSS), Hydromantes brunus Kern Brook Lamprey (FFS), Lampetra hubbsi Kings River slender salamander (FSS), Batrachoseps regius Western pond turtle (FSS), Clemmys marmorata (Subspecies marmorata and pallida) Further analysis is presented in this document to determine the effects of the Red Mountain Complex OHV Route Restoration (RW16-001) for the following threatened (T) aquatic species: Yosemite toad (T), Anaxyrus (Bufo) canorus Species lists are based on the November 15, 2016 (found in the project records at the High Sierra Ranger District) online database (Appendix B) of federally threatened, endangered, proposed, and candidate species for the Sierra National Forest from the USDI-USFWS (http://ecos.fws.gov/ipac/) (08ESMF00- 2017-SLI-0273). The USDA -Forest Service’s sensitive species list is based on the Pacific Southwest Region’s list of March 28, 2013, Final July 3rd, 2013 updated from the June 10, 1998, as amended on March 6, 2001 and May 7, 2003. These lists are the most current versions for the Sierra National Forests. Refer to the aquatic species checksheet located in Appendix A or in the project record for general information and the rationale for inclusion or exclusion in this document for all listed aquatic species II. CRITICAL HABITAT There are seven critical habitats on the Sierra National Forest: Keck’s checker-mallow, San Joaquin valley Orcutt grass, Succulent (=fleshy) owl’s –clover, Vernal pool fairy shrimp, Vernal pool tadpole shrimp, Sierra Nevada yellow-legged frog and Yosemite toad. There is no effect on the Keck’s checker- mallow, San Joaquin valley Orcutt grass, Succulent (=fleshy) owl’s- clover, Vernal pool fairy shrimp, and Vernal pool tadpole shrimp critical habitats from the Project because the habitat did not occur within the aquatic analysis area, and therefore is not affected directly, indirectly, or cumulatively by the project. The USFWS has designated critical habitats for the Sierra Nevada yellow-legged frog (SYLF) (1,082,147 acres) and Yosemite toad (YT) (750,926 acres) across the range of the species (USDI-FWS 2016 -81 FR 59406). Within the Red Mountain Complex Route OHV Restoration Project or analysis area there is no critical habitat for the SYLF therefore, there is no effect on the Sierra Nevada yellow-legged frog critical habitats. There are approximately 9,485 acres of critical habitat for the YT within the aquatic analysis area, and 424 acres within the Project boundary area (Figure 1) within Unit 14 (Kaiser/Dusy, Fresno County, California). The USFWS published a final rule setting forth a new definition of destruction or adverse modification on February 11, 2016 (81 FR 7214), which became effective on March 14, 2016. Destruction or adverse modification means a direct or indirect alteration that appreciably diminishes the value of critical habitat for the conservation of a listed species (81 FR 59085). Such alterations may include, but are not limited to, those that alter the physical or biological features essential to the conservation of a species or that preclude or significantly delay development of such features Activities that may affect Yosemite toad critical habitat, when carried out, funded, or authorized by a Federal agency, include, but are not limited to (USDI-FWS 2016 pg. 59086): (1) Actions that significantly alter water chemistry or temperature. Such activities could include, but are not limited to, release of chemicals, biological pollutants, or heated effluents into the surface water or into connected ground water at a point source or by dispersed release (non-point source). These activities could alter water conditions beyond the tolerances of the Yosemite toad and result in direct or cumulative adverse effects to these individuals and their life cycles. (2) Actions that would significantly increase sediment deposition within the wet meadow systems and other aquatic features utilized by Yosemite toad or disturb upland foraging and dispersal habitat. Such activities could include, but are not limited to, excessive sedimentation from livestock overgrazing, road construction, inappropriate fuels management activities, channel alteration, inappropriate timber harvest activities, unauthorized off-road vehicle or recreational use, and other watershed and floodplain disturbances. These activities could eliminate or reduce the habitat necessary for the growth and reproduction of the Yosemite toad by increasing the sediment deposition to levels that would adversely affect a toad’s ability to complete its life cycle. (3) Actions that would significantly alter wet meadow or pond morphology, geometry, or inundation period. Such activities could include, but are not limited to, livestock overgrazing, channelization, impoundment, road and bridge construction, mining, dredging, and inappropriate vegetation management. These activities may lead to changes in the hydrologic function of the wet meadow or pond and alter the timing, duration, water flows, and levels that would degrade or eliminate Yosemite toad habitat. These actions can also lead to increased sedimentation and degradation in water quality to levels that are beyond the tolerances of the Yosemite toad. (4) Actions that disturb or eliminate upland foraging or overwintering habitat, as well as dispersal habitat, for the Yosemite toad. Such activities could include, but are not limited to, livestock overgrazing, road construction, recreational development, timber harvest activities, unauthorized off-road vehicle or recreational use, and other watershed and floodplain disturbances. These activities could eliminate or reduce essential cover components in terrestrial habitats of the Yosemite toad and adversely affect a toad’s ability to successfully overwinter or over summer and may fragment habitat (USDI-FWS 2016 pg. 59086). Physical