DTFAAC15R01685_Attachment1_AppB.pdf

Screening Information Request DTFAAC‐15‐R‐01685 Attachment 1 Appendix B

APPENDIX B

CBP STANDARIZED GUIDANCE FOR

BIOLOGICAL EVALUATIONS ‐ NEPA CATEGORICAL EXCLUSIONS AND EAs

BIOLOGICAL ASSESSMENTS ‐ NEPA EISs

These guidelines were provided to CBP by the National Coordinator for Section 7, U.S. Fish and Wildlife Service (Service). Where possible, CBP would prefer to have our biological assessments (BAs) performed under this guidance. It will presumably save both CBP and the Service time in reviewing BAs.

The following is provided as a recommended guideline, although information should be presented in the order identified below. As projects vary in complexity, it is anticipated that the BE/Bas may vary.

Development of the BE/BA may not occur in the format order. Rather, it is anticipated that as additional information becomes available during the crafting of the BE/BA, the appropriate sections will be modified. Federally funded or permitted exploratory activities that may affect listed species and take place prior to project implementation must undergo section 7 consultation.

Cover Page: Name of project, location (city, county, etc.), and date.

Table of Contents (all pages must be numbered)

A. Executive Summary

1. Brief summary of project (2 or 3 sentences)

2. In tabular format, identify the species, critical habitat, EFH, status, and effects determinations. If "no effect", include a brief paragraph for each species (these will not be addressed again.). For example:

SPECIES LISTING STATUS DETERMINATION

Eight‐toed salamander Endangered Not likely to Adversely Affect

Eight‐toed salamander critical habitat Designated Not likely to Adversely Affect

Salt marsh treefrog Threatened Likely to Adversely Affect

Speckled Thisle Threatened No Effect

B. Project Description

1. Location:

Describe construction boundary, mileposts, State, county, TRS (include GPS coordinates if available).

Include vicinity map (all maps and photographs must be first generation copies, legible and at a scale to be meaningful to the description of the activity).

2. Definition of Action Area:

All areas affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Include all off‐site use areas (i.e. materials sources, waste sites, mitigation sites, stockpiling areas, staging) and locations. A map is helpful, overlaying the all‐inclusive action area with species and habitat occurrences.

3. Proposed Action:

a. Describe the anticipated steps involved in the action in expected or logical order and include diagrams that are useful. The intent of the proposed action section is to describe both what will be built and how it will be constructed. For example: 1. Dewater by. ... 2. Remove old bridge by.. .. 3. Remove old abutments by ... 4. Construct new abutments ... 5. In‐water equipment will be........ 6. Order of magnitude of quantities... Include description of actions for the entire action area (including interrelated and interdependent actions). Describe criteria for off‐site use areas which minimize potential effects. If the Contractor proposes an alternative construction method other than that described in the BE/BA, concurrence from the Services is required.

b. Identify Best Management Practices (BMPs), Erosion and Sediment Control, and other measures (i.e.

work windows, construction techniques, avoidance) designed to minimize effects in this section.

c. If sideboards are used for ancillary project components, either detail here or in an appendix.

d. Describe mitigation, monitoring, and reporting plan, as well as conservation bank credits or mitigation sites.

C. Description of the species and their habitat Identify each species and each critical habitat. Include the following (repeat for each listed species and listed habitat):

1. Consultation with local Fish and Game and/or Natural Heritage database

2. Literature reviews

3. Consultation with experts on species, as necessary

4. Descriptions of the species and general habitat requirements

5. Relationship of habitat in the project area to local populations

6. Map of the project area at an appropriate scale to show vegetation types and important biological features, such as habitat for sensitive species, wetlands or unique plant assemblages

7. Photographs keyed to locations labeled on the project map.

8. Species information in Action Area including survey protocol used, by whom, etc.

9. Identify designated or proposed critical habitat as separate listed entities. List the primary constituent elements and address the extent to which they are found in the action area. These can be introduced in Table format and elaborated in subsequent text.

Salt Marsh Treefrog PCEs Functioning /present

At risk Not in action area

1. Permanent water having low levels of contaminants such that normal reproduction, growth, and survival are not inhibited

X

2. Water temperatures ranging from 2 to 15 degrees C, with adequate thermal refugia available for temperatures at the upper end of this range.

Only one refugia found in action area

3. Complex stream channels with features such as woody debris, side channels, pools, and undercut banks.

Poor complexity.

Undercut banks due to scour.

4. Substrates of sufficient amount, size, and composition to ensure success of overwinter survival.

High velocity flows have resulted in deposition of new fines

5. A natural hydrograph including peak, high, low, and base flows within historic ranges.

Recent high water events have been exacerbated by reduced quality of upland vegetative communities

6. Springs, seeps, groundwater sources, and subsurface water connectivity to contribute to water quality, quantity, and connectivity.

Springs and seeps have been excavated to create watering holes

7. Migratory corridors with minimal physical, biological, or chemical barriers between breeding, foraging, and overwintering habitats.

Corridors now dry in late summer

8. An abundant food base including terrestrial organisms of riparian origin and aquatic macroinvertebrates.

X

9. Few or no predatory, interbreeding, or competitive nonnative species present.

Garter snakes frequent now‐ isolated habitat areas

D. Environmental Baseline

Describe the past and present effects of human actions on the species or critical habitat in the action area. Describe existing habitat conditions and species trends in detail Use watershed analysis from the BLM or Forest Service where available, Fish and Game, or any other available scientific or commercial databases or information.

E. Effects of the Action:

Include discussion of direct and indirect effects relative to all species.

1. Direct Effects ‐ Those effects caused directly by the proposed action (include those based on sideboards). Provide the rationale for each determination.

2. Indirect Effects ‐ Caused by or will result from the proposed action and are later in time, but are still reasonably certain to occur.

3. Cumulative Effects ‐ Those effects of future State or private activities, not Federal activities, that are reasonably certain to occur within the action area.

F. Determination of Effect

This section must include a clear statement of the effect for each species. Example: "We conclude that the Smith Road Bridge Project may affect, but will not likely adversely affect California red‐legged frogs because ...." For terrestrial species and plants, summarize the conclusion with a clear explanation leading to a definitive statement of "may affect, but not likely to adversely affect" (or whatever your determination may be).

G. References and personal communications cited

Example of citations used in text:

The passive transport of males has also been observed by Leslie Brown (Santee Nature Center, personal communication) near Greenville, Oregon. Such a mating system would maintain genetic diversity in the population only as long as it remains connected (Smith 2001).

Example of Literature Cited:

Smith, D. M. 2001. Genetic subdivision and speciation in the western North American spotted snake complex, Thamnophis punctatus. Evolution 4:29‐35.

Example of Personal Communications (must be documented):

Leslie Brown, Research Biologist Smith Nature Center 4125 Willowtree Drive Greenville, Oregon 85194 January 8, 2003 telephone communication (or e‐mail, site visit, etc.)

BE/BA Checklist

Project Reviewer: Date

___ Cover Page: Name of project, project and key numbers, location (city, county) ___ Table of Contents (all pages must be numbered) A. Executive Summary ___ 1. Brief summary of project (2 or 3 sentences) ___ 2. Species Table with effect determinations B. Project Description ___ 1. Location: description and vicinity map ___ 2. Definition of Action Area _____ List of all off‐site use areas and locations.

3. Proposed Action:

____ a. Detail how the action will occur (anticipated steps and diagrams).

____ b. BMPs and other measures designed to minimize effects.

____ c. Sideboards ____ d. Monitoring and reporting plan/Mitigation/Conservation Banks.

C. Description of each species and their habitat ___ 1. Consultation with local Fish and Game and/or Natural Heritage database ___2. Literature reviews ___ 3. Consultation with experts on species, as necessary ___ 4. Descriptions of the species and general habitat requirements ___ 5. Relationship of habitat in the project area to local populations ___ 6. Map of the project area at an appropriate scale ___ 7. Photographs keyed to locations labeled on the project map.

___ 8. Species information in Action Area including survey protocol used, by whom, etc ___ 9. Identify designated or proposed critical habitat D. Environmental Baseline ___ Detailed descriptions E. Effects of the Action __ 1. Direct Effects ___ 2. Indirect Effects ___ 3. Cumulative Effects F. Determination of Effect Project Description ___ A clear statement of effect for each species G. References and personal communications cited Project Description ___ Correctly Annotated

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