United States Department of the Interior FISH AND WILDLIFE SERVICE 110 South Amity Road, Suite 300 Conway, Arkansas 72032 IN REPLY REFER TO: Tel.: 501/513-4470 Fax: 501/513-4480 December 19, 2013 Liz Agpaoa, Regional Forester USDA Forest Service – Southern Region 1720 Peachtree Road NW Atlanta, Georgia 30309 Dear Ms. Agpaoa: This document transmits the United States Fish and Wildlife Service’s (Service) biological and conference opinions (BO/CO) based on our review of: 1) the USDA Forest Service – Ouachita National Forest (ONF) proposal regarding designation, operation, and maintenance of the Wolf Pen Gap Trail Complex; 2) its effects to the Arkansas fatmucket (Lampsilis powellii), spectaclecase (Cumberlandia monodonta), rabbitsfoot (Quadrula cylindrica cylindrica), freshwater mussels, and northern long-eared bat (Myotis septentrionalis); and 3) its effects to proposed critical habitat for rabbitsfoot. This BO has been prepared pursuant to section 7 of the Endangered Species Act of 1973 (Act), as amended (16 U.S.C 1531 et seq.), and its implementing regulations (50 Code of Federal Regulations (CFR) §402). Section 7(a)(2) of the Act requires federal agencies to consult with the Service to ensure any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any federally listed species nor destroy or adversely modify critical habitat. This BO/CO is based on the best available scientific and commercial data including meetings, electronic mail and telephone correspondence with ONF officials, Service files, pertinent scientific literature, discussions with recognized species authorities, and other scientific sources. A complete administrative record is on file at the Arkansas Ecological Services Field Office. Consultation History In a letter dated February 21, 2008, ONF requested comments on the Travel Management Project. In a letter dated March 20, 2008, the Service’s Oklahoma Field Office provided general and species specific comments related to the Travel Management Project. The Service’s Arkansas Field Office provided comments in April, 2008. At a meeting on November 6, 2008, ONF presented a proposal to designate a system of roads and trails for public use of motorized vehicles, including off-highway vehicles. Service staff discussed threatened and endangered species concerns related to the Travel Management Project during the meeting. Service and ONF met again on August 5, 2009, and discussed Travel Management Project revisions. On August 20, 2009, ONF and Service conducted a site visit to Wolf Pen Gap (WPG) Trail Complex. On September 10, 2009, the Service received ONF’s Biological Assessment/Biological Evaluation – Terrestrial and Aquatic Wildlife for the Motor Vehicle Use Map (Travel Management Project). In a letter dated October 28, 2009, the Service concurred with ONF’s finding for federally listed species, except Arkansas fatmucket, affected by the proposed Travel Management Project (TMP) and associated Motor Vehicle Use Maps (MVUM). On November 30, 2009, the Service received ONF’s amendment to the Biological Assessment/Biological Evaluation – Terrestrial and Aquatic Wildlife for the Motor Vehicle Use Map. In a letter dated December 4, 2009, the Service concurred with ONF’s finding of “may affect, not likely to adversely affect” the Arkansas fatmucket for the proposed TMP and MVUM. On April 28, 2010, ONF informed Service WPG trail complex will be excluded from larger MVUM consultation and verbally requested to reinitiate consultation on WPG project. On May 19, 2010, the ONF, The Nature Conservancy (TNC), and Service met to discuss issues related to WPG project. On May 20 – 22, 2010, ONF conducted a site visit to WPG Trail Complex with the Service and public. In a letter dated June 22, 2010, the Service provided comments to the ONF on their development of short-term and long- term plans for WPG. On September 16 and 30 and October 7, 2010, the ONF hosted public meetings in Mena, Arkansas. ONF and Service staff discussed ESA basics, including consultation process, freshwater mussel biology, effects of sediment to aquatic biota, and potential adverse effects to mussels and fishes from an unsustainable WPG Trail Complex at the first meeting. At the second meeting, ONF presented their interim management plan (IMP) and announced short- and long-term proposed actions, including future planning steps, for the WPG project. At the third meeting, the ONF discussed community issues related to WPG project. Service staff was in attendance for all public meetings. In a letter dated October 13, 2010, the Service provided comments to ONF regarding WPG IMP and associated adverse effects to Arkansas fatmucket. On December 10, 2010, ONF and Service staff met to discuss issues related to WPG project. On July 19, 2011, ONF hosted a public meeting to present WPG project updates and overview of Trails Unlimited report. Service staff was in attendance. On August 26, 2011, ONF conducted a site visit to WPG Trail Complex to view best management practice (BMP) work. Service, TNC, congressional delegation representatives, and public were in attendance. On September 23, 2011, ONF presented and discussed preliminary water quality data with the Service. At a meeting on April 5, 2012, ONF briefed the Service on preliminary alternatives. In a letter dated July 30, 2012, ONF invited informal public interaction on eight preliminary 2 alternatives for WPG project. ONF contacted the Service via telephone on July 31, 2012, to summarize ONF time lines for completing NEPA and ESA consultation. In a letter dated November 5, 2012, ONF provided an update on review of 78 public responses to their July 30, 2012, letter and new issues identified for preliminary alternatives. ONF met with the Service and TNC on December 19, 2012, January 22 and March 26, 2013, to discuss sediment monitoring and progress with the WPG project. During a site visit to the WPG Trail Complex on June 12, 2013, ONF, Arkansas Department of Environmental Quality (ADEQ), TNC, and Service staff discussed wet weather management and turbidity monitoring. At a meeting on June 24, 2013, the ONF delivered their draft environmental assessment for the WPG project and discussed alternatives with the Service. On July 1, 2013, ONF, USGS, TNC, and Service staff discussed sediment monitoring for the WPG project. At a meeting on July 24, 2013, ONF and Service staff discussed biological data presented in Clingenpeel (2012a). ONF disclosed an internal review of the report and subsequently provided via email data from their Basin Area Stream Surveys and sediment models for individual trails in WPG trail complex. On August 9, 2013, the Service received the ONF’s biological assessment for the WPG project and accompanying letter initiating formal consultation. In a letter dated August 9, 2013, the Service concurred with the ONF’s determination that the proposed WPG project is likely to adversely affect the Arkansas fatmucket, spectaclecase, and rabbitsfoot. The formal consultation began August 9, 2013, the date the Service concurred with ONF’s adverse effect determination. In November, 2013, the ONF and Service agreed to include the proposed endangered northern long-eared bat as species potentially affected by the proposed activities in the WPG Trail Complex. On November 20, 2013, the Service provided to the ONF a copy of the draft BO for its review and comment. The Service met with ONF staff on December 5, 2013, to address their comments on the draft BO. The Service issued its final BO on December, 19, 2013, concluding formal consultation. BIOLOGICAL AND CONFERENCE OPINION DESCRIPTION OF PROPOSED ACTION As defined in the Service’s section 7 regulations (50 CFR 402.02), “action” means “all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas.” The “action area” is defined as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action.” The direct and indirect effects of the actions and activities must be considered in conjunction with the effects of other past and present Federal, State, or private activities, as well as the cumulative effects of State or 3 private activities within the action reasonably certain to occur in the foreseeable future and which would not trigger a separate section 7 consultation. The 2005 U.S. Department of Agriculture final rule for Travel Management; Designated Routes and Areas for Motor Vehicle Use requires designation of roads, trails, and areas open to motor vehicle use (70 Federal Register 68290). The Ouachita National Forest (ONF) proposes changes to the existing system of roads and motorized trails for public use, including off-highway vehicles (OHV), in Wolf Pen Gap (WPG). The proposed changes to WPG Trail Complex also include changes to motorized use designations, route closures and obliteration, route relocations, and new route construction. The proposed action, also known as Alternative I or modified OHV season of use, includes the following actions: 1. User created trails and old route footprints (resulting from proposed closures or relocations) will be obliterated and the forest floor restored to a natural condition. 2. Stabilize shale pit and watershed by reshaping to redirect and disperse channeled surface water flow, install natural erosion barriers and rock on user- created trails, and prepare beds for planting shortleaf pine, black locust, and native grasses. 3. Install 269 stream crossing improvement structures, including 263 culverts, cement planks or arch culverts, three trail bridges, and three road bridges. 4. Install four administrative and 11 wet weather management gates. 5. Construct foot trail to Hawk’s Gap Overlook. 6. Equip two vistas with picnic tables. 7. Build pavilion with two picnic tables at North Trailhead. 8. Obliterate and relocate “warm-up” trail located at West Trailhead parking lot. 9. Retain old footprint of Forest Service Road 243 for administrative use (maintenance level one).