MilPipeFEMAESA1.pdf

FEMA ESA Review Form for USFWS Sacramento (July 2020)

ESA Review Form for FEMA Funded Projects To be Covered Under the PBO from the Sacramento FWO Jurisdiction in California

(to be submitted to USFWS)

INSTRUCTIONS: This Endangered Species Act (ESA) Review Form is for proposed projects that may be funded under various FEMA grants programs in California and that would be covered under the U.S. Fish and Wildlife Service (USFWS) Programmatic Biological Opinion (PBO) from the Sacramento Fish and Wildlife Office (FWO). This form must be filled out by a qualified Biologist1. This form provides information for FEMA to make a determination of effects on federally listed species2 and their Critical Habitat3 from the Subapplicant’s proposed project for compliance with the ESA. For Subapplicant’s proposed projects that meet the criteria for coverage under the PBO, FEMA would submit this completed form to the USFWS and request coverage under the PBO from the Sacramento FWO.

There are five sections and a summary table in this form (check the sections being submitted):

Summary Table, Section A: Information on the proposed project, Section B: Determination of effects to federally listed species and/or Critical Habitat protected under the ESA, Section C: ESA Review for Not Likely to Adversely Affect (NLAA) and Likely to

Adversely Affect (LAA) determinations for proposed projects, Section D: For the Sacramento FWO to complete and sign, and Section E: For Subapplicant to complete and sign.

1 A qualified Biologist consists of an environmental professional with at least a Bachelor’s degree in Biology, Ecology, Natural

Resources, Environmental Sciences, or similar field, and has at least two years of experience working with federally listed species, their habitats, and Endangered Species Act implementation in the State of California.

2 In this form, the term “federally listed species” includes species listed or proposed to be listed as threatened or endangered under Endangered Species Act.

3 In this form, the term “Critical Habitat” refers to designated Critical Habitat and proposed Critical Habitat for federally listed species protected under the Endangered Species Act.

After completing all the applicable sections in this form, please fill out the Summary Table below:

Summary Table:

Summary of ESA Effects Determination on Federally Listed Species and Critical Habitat

Site/LOP # Species Name ESA Effects Determination Critical Habitat

FEMA Grant # or Disaster # and Project Worksheet #: 4344-284-091R

City of Napa Bury Milliken Raw Water Pipeline

California Red- Legged Frog (Rana draytonii)

• May affect, but is not likely to adversely affect

• No effect

Is there a concurrent ESA/MSA consultation with the National Marine Fisheries Service?

YES NO

Note 1: If the Subapplicant’s proposed project is under another Federal agency’s jurisdiction (e.g., U.S. Forest Service, National Park Service, Bureau of Land Management, Bureau of Reclamation, etc.) or another Federal agency is functioning as the Lead Federal Agency (e.g., U.S. Army Corps of Engineers), then there is no need to prepare this FEMA form.

Note 2: FEMA is not requesting concurrence from the USFWS for sites with a No Effect determination. Instead, FEMA is simply documenting its No Effect determinations for specific sites for internal record-keeping.

Name of Qualified Biologist, Organization, and Date of Preparation:

Michael Crowley, WSP USA Environment & Infrastructure, Inc., May 2024

Biologist’s Qualifications: 6+ years of experience with ESA evaluations and field surveys in Region 9 with EA Engineering, Rincon Consultants, Wood PLC, and WSP, Inc.

Professional Degree: B.S. in Science and Management: Environmental Biology, Claremont McKenna College

Years of experience working with federally listed species, their habitats, and Endangered Species Act implementation in the State of California: 3 years

SECTION A. INFORMATION ON PROPOSED PROJECT (press F11 to advance to the next field)

A.1. Name of Subapplicant4 (Agency Name):

City of Napa

A.2. Project Name, and FEMA Grant # or Disaster and Project Worksheet (PW) #s:

Bury Milliken Raw Water Pipeline; HMGP-4344-284-091R

A.3. Project Location (street address, latitude/longitude, or UTM and Datum/Zone), and Municipality/County/State:

4 In the case of a Tribe, the term to be used is “Applicant” or “Subapplicant” depending on the specific grant circumstance.

The project area is in unincorporated Napa County, California, approximately 3 miles northeast of the City of Napa. The project area is accessed locally via Chaparral Circle and regionally via State Route 121. Most of the project area is on Subapplicant-owned land or within easements on other properties. No Right of Entry permissions are required for the project work to be completed within the existing easements.

Property address: 630 Chaparral Circle, CA, 94558

Coordinates of western edge of project area and staging area: 38.359167°, -122.254697° Coordinates of eastern edge of project site: 38.369003°, -122.237451° A.4. Description of Subapplicant’s Proposed Project:

Select the applicable project type(s)5:

Non-Emergency Debris Removal Airport Runway Construction Road and Trail Construction Facility Disaster Mitigation Activities Utility Construction Building and Facility Construction Rail Line Construction Channelization Flood Control Activities Stormwater Management Culvert Construction Dam Construction Bridge Construction Bank Protection, Stabilization, and Erosion Control Activities Detention/Retention, or Basin Water Storage Facility Construction Linear Water Conveyance Facility Construction Shoreline Facilities - Recreational or Maritime Use Shoreline Facilities - Protection Wildfire Risk Reduction

Provide a detailed narrative of the project that clearly describes the scope of work at a sufficient level of detail to support all analysis needed for compliance with the ESA (please note, this will likely include additional detail found in project plans, design drawings, site visits, etc.). Please explain construction methods here (e.g., equipment to be used, access routes, construction work areas, construction staging areas, pile driving methods and materials, etc.), and see Section A.6 below to add further details concerning construction duration and timing. Include the Subapplicant’s best management practices6 (BMPs) to be implemented and other Subapplicant-planned measures and post-construction activities, if applicable.

The City of Napa (City) is proposing to replace the Milliken raw water pipeline, which runs from the Milliken Diversion Dam to the Milliken Water Treatment Plant. The existing pipeline is an above-ground, 16-inch (in.)

welded steel pipeline that runs roughly 6,500 linear feet (ft.) and is supported by wooden saddles. The portion of the pipeline that extends from the treatment plant to a vehicle turnaround area would be replaced with 16 in.

ductile iron pipe, installed using open trench construction methods. The remaining portion of the pipeline extending from the vehicle turnaround area to the eastern terminus of the project area has limited access and constraints that make burying the pipeline infeasible. Therefore, the portion of the pipeline that extends from the vehicle turnaround to the eastern terminus of the project area would consist of welded steel pipe installed ‘at grade’ on the ground surface and protected by a secondary steel casing.

The pipeline is adjacent to a narrow gravel access trail that is accessible by vehicle for about half its length, with the rest accessible only by foot where it transitions to a wooden boardwalk. The City requires that a pathway with a minimum width of 5 ft. be maintained to provide access to all-terrain vehicles (ATVs) and other maintenance equipment. To achieve this required minimum pathway width, new soldier pile retaining walls are proposed at various points along the downhill side of the pathway.

Hand tools, excavators, portable augers/drills, ATVs, portable trailers, dump trucks, portable cement mixers, welding equipment, and compaction equipment are expected to be used for project activities. Trenching and

5 The term “construction” may include repairing, replacing, relocating, modifying, or demolishing an existing facility or constructing a new facility.

6 The BMPs are measures proposed by the Subapplicant, which are different from the general avoidance and minimization measures and species-specific conservation measures required in the PBO from the Sacramento FWO.

excavation for the buried portion of the pipeline and abutments are anticipated to reach depths of up to 5 ft. The width of the pipeline trench would be about 2 ft. wide. Micropiles7 for walls and abutments are anticipated to reach depths of 15 ft. and greater. Approximately 0.2 acres would be disturbed during construction.

The pipeline would run adjacent to but not cross Milliken Creek. As shown in the design sheets (Attachment C), the existing pipeline is within the existing access path alignment. Project activities would take place 50 to 400 ft.

from Milliken Creek at all times. Pipeline replacement is in nearly the same location (and in some cases the exact location) as the existing pipeline, and no work would occur within the creek. The greatest divergence between the existing pipeline location and the replacement location is a difference of 13 ft.; in this location, Milliken Creek is over 400 ft. away from project activities.

Approximately 0.11 acres of vegetation removal would be necessary to access the pipeline but would be limited to flush-cutting several trees and incidental ground vegetation directly adjacent to the proposed walls, abutments, and pipeline. If approved, project activities would take approximately 150 days to complete. The Subapplicant intends to complete as much construction as possible in the dry season (roughly April to September) but would likely require some construction during rainier months. The Subapplicant will develop an Erosion Control Plan (ECP) to contain runoff and minimize water quality impacts to the nearby creek during construction. The project contractor would install erosion and sediment control measures such as straw wattles, silt fences, and erosion blankets for stormwater pollution prevention and to prevent indirect water quality impacts on Milliken Creek.

Attach project plans, layouts, engineering drawings, if available. Reference those attachments below.

Attachment A contains figures depicting the Action Area (AA) and the surrounding area. Attachment B contains the site visit summary of the biological reconnaissance survey conducted within the AA in March 2024.

Attachment C contains design plans for the project.

Describe the construction equipment: Hand tools, excavators, portable augers/drills, ATVs, portable trailers, dump trucks, portable cement mixers, welding equipment, and compaction equipment are expected to be used for project activities.

Describe the access routes: The pipeline is adjacent to a narrow gravel access trail that is accessible by vehicle for about half its length, with the rest accessible only by foot where it transitions to a wooden boardwalk.

Describe the construction staging and work areas: The main staging area for the pipeline replacement project would occur within the existing paved maintenance area that surrounds the treatment plant. The paved area around the water storage tank would also be available for staging materials and equipment.

If the Subapplicant’s proposed project includes vegetation removal and/or trimming, describe the vegetation type and the extent that would be removed and/or trimmed. Describe the planned revegetation efforts, which should be consistent with the measures described in the PBO from the Sacramento FWO.

Approximately 0.11 acres (distributed linearly throughout the length of the project area) of vegetation removal would be required in areas near or around the existing aboveground pipeline that would be replaced. Several trees may be flush-cut if determined to be hazardous/impeding construction work by contractors. Otherwise, vegetation removal would mostly affect incidental ground vegetation directly adjacent to the proposed walls, abutments, and pipeline. The City requires that a pathway with a minimum width of 5 ft. be maintained to provide access to ATVs and other maintenance equipment. Therefore, the small areas of vegetation impacted by the project would not be restored following construction.

A.5. Description of the Action Area8:

Please attach a map(s), aerial image, photographs, GIS data layers, and other information on the Action Area.

Figures 1 and 2 in Attachment A depict the AA and surrounding areas. Attachment B contains the site visit summary from the habitat assessment conducted in March 2024, which includes a biological overview and representative photographs of the project area.

7 Micropiles are small diameter, bored cast-in-place piles, with most of the applied load being resisted by steel reinforcement.

They are constructed by drilling a borehole, often using casing, then placing steel reinforcement and grouting the hole.

8 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 (50 CFR §402.02).

Briefly describe the project footprint9, and include the size of the project footprint (acres, square feet, etc.): The project footprint encompasses the approximately 6,500-foot Milliken pipeline and the areas immediately surrounding it. The project footprint is 15.48 acres.

Briefly describe the Action Area in a few sentences including the size of the Action Area (acres, square feet, etc.) and explain the buffer or distance from the project footprint used to define the Action Area: The AA encompasses the project footprint and an additional 100-foot buffer to account for increased activity and noise from construction. The total AA is 47.3 acres which includes the 15.48 acres of project area.

Please include a description of the vegetation communities, aquatic habitats, slope, elevation, ambient noise levels, and any sensitive biological resources in the Action Area.

The AA is generally flat and approximately 250 feet above mean sea level. It is bordered to the northwest and southeast by steep northwest-facing slopes. Ground disturbance associated with the proposed project would occur mostly within the existing service trail, which is graveled and vegetated sparsely with annual grasses, oats (Avena spp.), and brome (Bromus spp.). Vegetation growing on or immediately adjacent to the pipeline (generally 1 to 5

ft. from the pipeline, depending on site conditions) that may be affected by the proposed project activities includes mostly grasses and other fast-growing weedy vegetation capable of colonizing highly disturbed areas.

Common species observed in these areas included bur clover (Medicago polymorpha), herb Robert (Geranium robertianum), hillside gooseberry (Ribes californicum), California blackberry (Rubus ursinus), and annual grasses. The surrounding areas are characterized by woodland and some rocky outcrops. The tree/shrub layer is dominated by California bay laurel (Umbellularia californica) and oak (Quercus spp.), and the herbaceous layer features California polypody (Polypodium californicum), common Pacific pea (Lathyrus vestitus), seep monkeyflower (Erythranthe guttata), giant chain fern (Woodwardia fimbriata), and other species. Ambient noise within the AA is generally low, similar to what would be expected in a moderately-sized park in a suburban area.

Aquatic habitats within the AA are described in the following sections.

Are any water bodies including rivers, streams, seasonal wetlands (i.e., vernal pools, ponds, wet meadows, etc.), estuaries, or coastal water bodies located within the Action Area?

YES NO

If Yes, will in-water work be needed for completion of the Subapplicant’s proposed project?

YES NO

If No, how far is the water body from the limits of ground disturbance and/or vegetation removal?

Project activities would take place between 50 to 400 ft. from Milliken Creek at all times.

What is the name of the river, stream, estuary, or coastal water body? If the river/stream is a tributary, provide the name of the receiving water body. For seasonal/annual bodies of water, describe the time of year and the duration of time that water is typically present. Describe the flow of water (i.e., still, slow moving, swift, etc.) anticipated during the scheduled activities for the proposed project.

Aquatic features within and near the project area include Milliken Creek, a perennial stream occurring 50 to 400 feet northwest of the project area; an unnamed intermittent stream that flows through the project area into Milliken Creek; and several unnamed ephemeral drainages that flow after rain events through the project area into Milliken Creek. Milliken Creek, which is a tributary of Napa River, features rocky/boulder substrate and fast-moving water, though there are some portions of the stream where water is ponded and slower moving. The project area is over 3 miles north of its confluence with Napa River. The intermittent stream conveys a small amount of water almost year-round. Flows in the intermittent stream are conveyed through a culvert beneath the pipeline and service road. Its banks are deeply incised and densely vegetated.

A.6. Proposed Project Schedule and Duration:

9 Project footprint corresponds to all the areas directly disturbed by implementation of the Subapplicant’s proposed project, including structures, construction staging areas, access routes, any areas of ground disturbance, etc.

Please provide start and end dates (including month and year) of project implementation, number of work days, and number of work hours per day (e.g., 5 days of work for 10 hours per day).

Start Date 3/1/25 End Date 11/30/25

Construction will begin at the west end of the project alignment near the Milliken Water Treatment Plant and continue east towards the Milliken Diversion Dam. This way, as work moves closer to Milliken Creek in the eastern portions of the project alignment, there is a lower potential for rain events. This will reduce the potential for erosion into Milliken Creek and the potential for encounters with listed species who may be moving out of the Creek during rain events.

Number of work days: 150

Number of work hours per day: 8

Will any work activities occur during nighttime? If so, please describe them. No

A.7. Outside of FEMA’s Memorandum of Understanding10 (MOU) coordination with USACE, has a previous formal or informal ESA consultation or Technical Assistance with the Sacramento FWO been initiated or completed for the Subapplicant’s proposed project? This may include a larger project by another Federal agency (e.g., Corps 404 permit, Bureau of Reclamation grant funded project, etc.) that encompasses the proposed project.

YES NO

If so, please include a copy of this documentation.

SECTION B. DETERMINATION OF EFFECTS TO FEDERALLY LISTED SPECIES AND/OR

CRITICAL HABITAT PROTECTED UNDER ESA

B.1. Does the Action Area for the Subapplicant's proposed project have the potential to support federally listed species and/or does it contain Critical Habitat including physical or biological features essential for the conservation of the species? Also, describe the methods and results of any listed species surveys and/or habitat assessments conducted.

A site visit was conducted on March 14, 2024, by CDM Smith biologist, Jenna Quan. Ms. Quan conducted an evaluation of existing habitat conditions with an emphasis on assessing habitat suitability for the five federally listed species and one species proposed for listing that were identified during project planning as having the potential to occur in the project area: California red-legged frog (Rana draytonii; threatened), foothill yellow-legged frog, Central Coast distinct population segment (DPS) (Rana boylii; threatened), California tiger salamander, Central California DPS (Ambystoma californiense; threatened), northwestern pond turtle (Actinemys marmorata, proposed threatened), steelhead, Central California Coast (CCC) DPS (Oncorhynchus mykiss irideus;

threatened), and valley elderberry longhorn beetle (Desmocerus californicus dimorphus; threatened). The AA does not overlap any designated critical habitat for species under USFWS’s jurisdiction.

The survey included walking the length of the project area to document general habitat conditions. Site conditions and photos were recorded in the field using ArcGIS FieldMaps, a mobile data collection application that provides a map-driven interface that allows the user to capture.

The results of the site visit, which are detailed in Attachment B, indicate that the only federally listed species under USFWS’ jurisdiction with the potential to occur within the AA is the California red-legged frog.

10 The MOU refers to the 2015 Executed Memorandum of Understanding Regarding National Environmental Policy Act, Endangered Species Act, Magnuson-Stevens Fishery Conservation and Management Act, National Historic Preservation Act, Rivers and Harbors Act Section 10 Permits, and Clean Water Act Section 404 Permits for Federal Emergency Management Agency Projects in California, Nevada, and Arizona (and subsequent annual updates).

Surveys/Habitat Assessment:

NO

It has been determined that the Action Area occurs either:

a) Outside the range of any federally listed species,

b) Within the range of a federally listed species but outside of occupied or suitable habitat and outside Critical Habitat, or

c) Within Critical Habitat designation but lacks the physical or biological features essential for the conservation of the species.

Go to B.2.

YES. List the federally listed species and Critical Habitat that are present or potentially present in the Action Area of the Subapplicant’s proposed project (go to B.2)

California Red-Legged Frog

B.2. Could the Subapplicant’s proposed project affect federally listed species and/or Critical Habitat (i.e., the physical or biological features essential for the conservation of the species) in the Action Area?

NO

No Effect. FEMA has determined that implementation of the proposed project would have no effects on federally listed species and/or Critical Habitat. If a No Effect determination has been made for the proposed project, you do not need to complete this form. No notification to FEMA is required.

No consultation with the USFWS is required under the ESA.

YES (go to B.3)

B.3. Briefly describe the species potential to occur onsite, starting with the Information for Planning and Consultation (IPaC) report, and including but not limited to, the closest California Natural Diversity Database (CNDDB) occurrences, suitable habitat, surveys nearby, Recovery Plan Core Areas, etc.

California red-legged frogs typically breed in permanent freshwater habitats such as streams, lakes, and marshes that retain water at least 27 inches deep for a minimum of 20 consecutive weeks, although individuals may inhabit shallower aquatic features during the non-breeding season. To be considered suitable aquatic habitat, aquatic features must be close to upland habitat suitable for foraging, shelter, and dispersal. These upland habitats should include cover features such as dense riparian vegetation, wood or rock debris, or small mammal burrows.

During the site visit conducted in March 2024, suitable aquatic or upland habitats for California red-legged frogs were not encountered within the project footprint. Suitable aquatic habitat does occur within Milliken Creek;

however, red-legged frogs have never been documented in Milliken Creek. The closest CNDDB records occur more than 5 miles to the northeast of the project site. The flow velocity in Milliken Creek is likely too intense to support red-legged frog breeding; however, there are small portions of the creek that pool that may support suitable red-legged frog breeding habitat. Therefore, the red-legged frog is assumed to be present within the aquatic features and adjacent upland areas northwest (upstream) of the project area and may be affected by project activities.

B.4. Select the federally listed species that may occur in the Action Area, and select the appropriate ESA determination based on the highest level of potential effects as described below:

• If FEMA has determined that the proposed project May Affect, but is Not Likely to Adversely Affect (NLAA) federally listed species and/or their Critical Habitat, the effects would be insignificant, discountable or wholly beneficial11. No adverse effects to listed species, take of individual(s) of a listed

11 Beneficial effects are contemporaneous positive effects without any adverse effects to the species. Insignificant effects relate to the size of the impact and should never reach the scale where take occurs. Discountable effects are those extremely unlikely to occur. Based on best judgment, a person would not: (1) be able to meaningfully measure, detect, or evaluate insignificant effects; or (2) expect discountable effects to occur. (1998 ESA Section 7 Consultation Handbook) species, and/or adverse effects to Critical Habitat will occur. Complete Sections C.1, C.2, C.3, and C.5 (skip Sections C.4 and C.6) of this form.

• If FEMA has determined that the proposed project May Affect, and is Likely to Adversely Affect (LAA) at least one federally listed species and/or their Critical Habitat, adverse effects to at least one federally listed species or at least one physical or biological feature of Critical Habitat may occur to reach an LAA determination. This may include, but is not limited to, incidental take12 of a federally listed species. Complete Sections C.1 through C.6 of this form.

Federally Listed Species or Critical Habitat Applicable ESA Determination

Alameda whipsnake (Masticophis lateralis euryxanthus) NLAA or LAA

Alameda whipsnake Critical Habitat NLAA or LAA

Bay checkerspot butterfly (Euphydryas editha bayensis) NLAA or LAA

Bay checkerspot butterfly Critical Habitat NLAA or LAA

California freshwater shrimp (Syncaris pacifica) NLAA or LAA

California least tern (Sterna antillarum browni) NLAA (only option)

California red-legged frog (CRLF) (Rana draytonii) NLAA or LAA

CRLF Critical Habitat NLAA or LAA

California tiger salamander (CTS) (Ambystoma californiense) Central California, Distinct Population Segment (DPS)

NLAA or LAA

CTS Central California DPS Critical Habitat NLAA or LAA

CTS (Ambystoma californiense) Sonoma DPS NLAA or LAA

CTS Sonoma DPS Critical Habitat NLAA or LAA

Callippe silverspot butterfly (Speyeria callippe callippe) NLAA or LAA

Conservancy fairy shrimp (Branchinecta conservatio) NLAA or LAA

Conservancy fairy shrimp Critical Habitat NLAA or LAA

Giant garter snake (Thamnophis gigas) NLAA or LAA

Least bell’s vireo (Vireo bellii pusillus) NLAA or LAA

Longhorn fairy shrimp (Branchinecta longiantenna) NLAA or LAA

Longhorn fairy shrimp Critical Habitat NLAA or LAA

Marbled murrelet (Brachyramphus marmoratus) NLAA (only option)

Marbled murrelet Critical Habitat NLAA (only option)

Mission blue butterfly (Icaricia icarioides missionensis [= Plebejus icarioides missionensis])

NLAA (only option)

Myrtle's silverspot butterfly (Speyeria zerene myrtleae) NLAA or LAA

Northern spotted owl (Strix occidentalis caurina) NLAA (only option)

Northern spotted owl Critical Habitat NLAA (only option)

San Bruno elfin butterfly (Callophrys mossii bayensis) NLAA (only option)

Southwestern willow flycatcher (Empidonax traillii extimus) NLAA (only option)

Southwestern willow flycatcher Critical Habitat NLAA (only option)

Tidewater goby (Eucyclogobius newberryi) NLAA or LAA

12 Take: Under the ESA “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct [ESA §3(19)].

Tidewater goby Critical Habitat NLAA or LAA

Valley elderberry longhorn beetle (Desmocerus californicus dimorphus)

NLAA or LAA

Valley elderberry longhorn beetle Critical Habitat NLAA or LAA

Vernal pool fairy shrimp (Branchinecta lynchi) NLAA or LAA

Vernal pool fairy shrimp Critical Habitat NLAA or LAA

Vernal pool tadpole shrimp (Lepidurus packardi) NLAA or LAA

Vernal pool tadpole shrimp Critical Habitat NLAA or LAA

Western snowy plover (Charadrius nivosus nivosus) NLAA (only option)

Western snowy plover Critical Habitat NLAA (only option)

Burke's goldfields (Lasthenia burkei) NLAA (only option)

Butte County meadowfoam (Limnanthes floccosa ssp.

californica)

NLAA (only option)

Butte County meadowfoam Critical Habitat NLAA (only option)

Calistoga allocarya (Plagiobothrys strictus) NLAA (only option)

Colusa grass (Neostapfia colusana) NLAA (only option)

Colusa grass Critical Habitat NLAA (only option)

Contra Costa goldfields (Lasthenia conjugens) NLAA (only option)

Contra Costa goldfields Critical Habitat NLAA (only option)

Few-flowered navarretia (Navarretia leucocephala ssp.

pauciflora [=N. pauciflora])

NLAA (only option)

Fleshy owl's-clover (Castilleja campestris ssp. succulenta) NLAA (only option)

Fleshy owl's-clover Critical Habitat NLAA (only option)

Greene's tuctoria (Tuctoria greenei) NLAA (only option)

Greene's tuctoria Critical Habitat NLAA (only option)

Hairy Orcutt grass (Orcuttia pilosa) NLAA (only option)

Hairy Orcutt grass Critical Habitat NLAA (only option)

Hoover's spurge (Chamaesyce hooveri [=Euphorbia hooveri]) NLAA (only option)

Hoover's spurge Critical Habitat NLAA (only option)

Lake County stonecrop (Parvisedum leiocarpum [=Sedella leiocarpa])

NLAA (only option)

Loch Lomond coyote thistle (Eryngium constancei) NLAA (only option)

Many-flowered navarretia (Navarretia leucocephala ssp.

plieantha)

NLAA (only option)

Sacramento Orcutt grass (Orcuttia viscida) NLAA or LAA

Sacramento Orcutt grass Critical Habitat NLAA or LAA

San Joaquin Orcutt grass (Orcuttia inaequalis) NLAA (only option)

San Joaquin Orcutt grass Critical Habitat NLAA (only option)

Sebastopol meadowfoam (Limnanthes vinculans) NLAA (only option)

Slender Orcutt grass (Orcuttia tenuis) NLAA (only option)

Slender Orcutt grass Critical Habitat NLAA (only option)

Solano grass (Tuctoria mucronata) NLAA (only option)

Solano grass Critical Habitat NLAA (only option)

Sonoma sunshine (Blennosperma bakeri) NLAA (only option)

SECTION C. ESA REVIEW FOR NLAA AND LAA DETERMINATIONS FOR PROPOSED

PROJECTS

C.1.

a. Briefly describe the potential effects13 from implementation of the Subapplicant’s proposed project(s) in the Action Area. Refer to the PBO from the Sacramento FWO for a description of potential effects, and describe additional details as applicable. Please clearly differentiate the appropriate response for each project or project site.

Potential Effects of the Subapplicant’s Proposed Project.

Applicable Project or Site(s)

List Species Potentially Affected

Is Critical Habitat Potentially Affected, including Effects on Specific Physical and Biological Features14

Erosion, turbidity, and/or sedimentation – Increased erosion, turbidity, and sedimentation have the potential to affect amphibious species, especially eggs and larvae.

Construction-generated dust may be deposited into nearby waters and vegetation removals may increase erosion and sedimentation during storm runoff events. These activities can lead to the smothering of eggs or physiological stress on individuals.

Given the timing of the action, all life stages of the California red-legged frog may be present within suitable portions of Milliken Creek. To combat potential erosion and sedimentation, the Subapplicant will develop an Erosion Control Plan (ECP) to contain sediment and runoff to minimize water quality impacts to Milliken Creek during construction. This ECP, along with GEN AMMs implemented, will greatly minimize the potential for any significant erosion or

Bury Milliken Raw Water Pipeline

California red-legged frog N/A

13 ‘Effects of the action’ is defined as all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. (50 CFR § 402.17).

14 Per 81 FR 7414, the physical or biological features refer to the features that are present that are essential to the conservation of the species and may require special management considerations or protection, which were formerly referred to as “Primary Constituent Elements.”

sedimentation that may be harmful to California red-legged frogs. With strict adherence to this plan and mitigation measures, all effects from erosion and sedimentation are anticipated to be insignificant.

Hazardous materials spills - Potential spills and hazardous materials used during the proposed action have the potential to induce mortality of the species, their prey, and plants that provide habitat and cover. Spilled materials can also injure amphibious species or their prey species without directly causing mortality through food web interactions.

Long-term effects from spilled hazardous materials could include lingering elevated contaminant levels in soils and streambeds that could leach out and continue injuring or reducing reproductive success in listed species, or their prey.

However, the implementation of AMMs will greatly reduce these hazards. Equipment will be fueled outside of the AA.

Equipment will be inspected daily for fuel leaks and any fuel leaks discovered will be immediately cleaned and fixed, or completely removed from the AA. Given this, spills are unlikely and any effects on California red-legged frog are expected to be insignificant.

Bury Milliken Raw Water Pipeline

California red-legged frog N/A

Change in noise, vibration, lighting, dust, or temperature

– In general, construction noise and vibration can result in the disturbance and/or displacement of California red-legged frog individuals. In certain cases, long durations of high-volume noise and vibrations may significantly affect breeding and foraging behaviors. In the context of this project, however, it is not anticipated that this level of effect will be reached.

Firstly, California red-legged frogs are highly aquatic species with little movement away from streamside habitats except during periods of winter

Bury Milliken Raw dispersal where individuals may be seeking out new habitats to occupy. This indicates that any individuals that may be found near the AA are likely to be found either dispersing to or, most likely, in very close proximity to suitable breeding portions of Milliken Creek.

Although construction activities would increase noise and vibration in the AA, project activities would occur at a minimum of 50 feet from Milliken Creek, decreasing the likelihood of any significant effects from noise and vibration.

Secondly, construction would only occur at one location for a relatively short duration of time, as construction would continue down the pipeline. This indicates that all effects would be temporary and limited to strictly the construction timeline of any given pipeline segment.

Thirdly, the implementation of GEN AMMs is expected to further minimize any potential for effects.

Therefore, although increases in noise and vibrations are anticipated from construction within the AA, all effects from these increases on California red-legged frogs are anticipated to be insignificant.

Introduction of invasive species and pathogens - Personnel and equipment on site have the ability to bring invasive species and pathogens into contact with species and habitat.

Invasive species can degrade the habitat quality of the Action Area. The risk of spreading invasive species or pathogens is expected to be greatly minimized by the implementation of GEN AMMs. Construction equipment and clothing will be properly cleaned prior to work.

Therefore, the potential for introduction is not expected to occur and any effects on listed

Bury Milliken Raw aquatic species are expected to be insignificant.

In-water disturbance - N/A N/A N/A

Dewatering of streams, creeks, or wetlands -

N/A N/A N/A

Streambed, bank, or shoreline modification, or other alteration of hydrology -

N/A N/A N/A

Underwater noise, vibration and sound pressure -

N/A N/A N/A

Loss or alteration of vernal pool habitat -

N? N/A N/A

Riparian habitat removal or degradation –

N/A N/A N/A

Riparian habitat modification or fragmentation -

N/A N/A N/A

Loss or alteration of other suitable habitat for listed species -

N/A N/A N/A

Trampling, crushing or entrapment – Given the low potential for the species to occur, and that work could potentially occur during portions of the rainy season when frogs are more likely to be dispersing in upland habitats, there is a small possibility that individuals may be encountered within the project site. If they do occur within the project site, even transiently, it is possible that workers or equipment utilized during construction could trample, crush, or entrap them. California red-legged frogs may fall into excavated trenches and subsequently be buried or physically removed.

Although this may be a rare possibility, implementation of additional species-specific measures such as CRLF-CTS-4, 5, 8, and 9 would reduce any impact to an insignificant level.

Open trenches will be covered at the close of each working day and a biologist will inspect all holes and trenches before any holes or trenches are filled.

Bury Milliken Raw Water Pipeline

California red-legged frog N/A

Species capture and relocation -

N/A N/A N/A

Barriers to migration and species movement -

N/A N/A N/A

Herbicide use - N/A N/A N/A

b. Describe any additional details on the potential effects on federally listed species not discussed above, including beneficial effects.

N/A

c. Describe any additional details on the potentials effects on Critical Habitat not discussed above, including beneficial effects. If there are adverse effects, quantify the area (in acres, square feet, etc.) of Critical Habitat affected.

There is no Critical Habitat within the AA.

C.2.

a. Please use the check boxes to select the general Avoidance and Minimization Measures from the PBO from the Sacramento FWO that are applicable and will be implemented by the Subapplicant to avoid and minimize effects. If any AMMs are not applicable, include a brief justification for exclusion.

General Avoidance and Minimization Measures Applicable Site(s) or Rationale for AMM Exclusion

GEN AMM-1: Erosion and Sedimentation Prevention Measures

Bury Milliken Raw Water Pipeline

GEN AMM-2: Bank Stabilization Bank stabilization not required

GEN AMM-3: Dust Control Measures Bury Milliken Raw Water Pipeline

GEN AMM-4: Spill Control Planning Bury Milliken Raw Water Pipeline

GEN AMM-5 Spill Prevention and Pollution Control Measures

Bury Milliken Raw Water Pipeline

GEN AMM-6 Equipment Inspection and Maintenance

Bury Milliken Raw Water Pipeline

GEN AMM-7 Fueling Activities Bury Milliken Raw Water Pipeline

GEN AMM-8: Equipment Staging Bury Milliken Raw Water Pipeline

GEN AMM-9: Materials Storage and Disposal Bury Milliken Raw Water Pipeline

GEN AMM-10: Fire Prevention Bury Milliken Raw Water Pipeline

GEN AMM-11: Waste Management Bury Milliken Raw Water Pipeline

GEN AMM-12: Work Involving Boats and Barges No work anticipated in water

GEN AMM-13: Work Area Designation to Minimize Disturbance

Bury Milliken Raw Water Pipeline

GEN AMM-14: Access Routes and Staging Areas Bury Milliken Raw Water Pipeline

GEN AMM-15: Environmental Awareness Training for Construction Personnel

Bury Milliken Raw Water Pipeline

GEN AMM-16: Biological Monitor Bury Milliken Raw Water Pipeline

GEN AMM-17: Daily Work Hours Bury Milliken Raw Water Pipeline

GEN AMM-18: Entrapment Prevention Bury Milliken Raw Water Pipeline

GEN AMM-19: Water Quality Protection Bury Milliken Raw Water Pipeline

GEN AMM-20: Revegetation of Stream Banks Project does not require revegetation of stream banks

GEN AMM-21: Restoration of Upland Areas to Pre- Project Conditions

Project does not require revegetation of uplands

GEN AMM-22: Invasive Aquatic Species Bury Milliken Raw Water Pipeline

GEN AMM-23: Work below Mean Higher High Water

No work will be conducted below Mean Higher High Water

GEN AMM-24: Avoidance of Submerged Vegetation No in-water work will be conducted

GEN AMM-25: Minimization of Shading by Overwater Structures

No in-water work will be conducted

GEN AMM-26: Water Diversion and Dewatering No in-water work will be conducted

b. List any additional general AMMs or BMPs developed for the Project(s) that would be incorporated into the Subapplicant’s proposed project(s) to avoid and minimize adverse effects. If there are none, simply put “not applicable” below.

Pre-construction surveys will be conducted within the AA to ensure avoidance of federally listed species and nesting birds.

C.3. Please use the check boxes to select the species-specific Conservation Measures that are applicable from the PBO from the Sacramento FWO, and indicate why implementation of others is not necessary for the Subapplicant’s proposed project to avoid and minimize effects. Delete the tables for the species that do not pertain to this project. Remember to select the species-specific Conservation Measures that are applicable for either NLAA (i.e., incidental take coverage is not exempt) or LAA (i.e., adverse effects to federally listed species and Critical Habitat may occur) for each species as appropriate.

This project has the potential to affect the California Red-Legged Frog (CRLF). Although the project may only affect the CRLF, the following Species-Specific Conservation Measures will be implemented in the Subapplicant’s proposed project to avoid and minimize effects:

Species-Specific Conservation Measures for California Red- Legged Frog, California Tiger Salamander - Central California DPS, and/or California Tiger Salamander – Sonoma DPS

Applicable Site(s) or Rationale for AMM Exclusion

CRLF-CTS-1: Biological Monitor Bury Milliken Raw Water Pipeline

CRLF-CTS-2: Seasonal Avoidance Although the Subapplicant cannot confine their work to only the dry season, they aim to complete as much of the project as possible during the dry season. Additionally, construction will begin at the west end of the project alignment near the Milliken Water Treatment Plant and continue east towards the Milliken Diversion Dam. This way, as work moves closer to Milliken Creek in the eastern portions of the project alignment, there is a lower potential for rain events. This will reduce the potential for erosion into Milliken Creek and the potential for encounters with listed species who may be moving out of the Creek during rain events.

CRLF-CTS-3: Rain Event Limitation Bury Milliken Raw Water Pipeline

CRLF-CTS-4: Pre-construction Survey Bury Milliken Raw Water Pipeline

CRLF-CTS-5: Daily Clearance Surveys Bury Milliken Raw Water Pipeline

CRLF-CTS-6: Environmentally Sensitive Areas No Environmentally Sensitive Areas (ESA) are defined within the project work area.

CRLF-CTS-7: Wildlife Exclusion Fencing Wildlife exclusion fencing is not required.

CRLF-CTS-8: Entrapment Prevention Bury Milliken Raw Water Pipeline. SFWO-approved biologist will inspect all holes and trenches at beginning of each day and before such holes or trenches are filled.

CRLF-CTS-9: Encounters with Species Bury Milliken Raw Water Pipeline

CRLF-CTS-10: Species Observations and Handling Protocol Individuals are not anticipated to be found within the project work area.

CRLF-CTS-11: Environmental Awareness Training A general awareness training will be conducted, as per GEN AMM-15.

CRLF-CTS-12: Disease Prevention and Decontamination Procedures

Bury Milliken Raw Water Pipeline

CRLF-CTS-13: Pump Screens Dewatering and pump screens are not required.

CRLF-CTS-14: Hand Clear Vegetation Only minor vegetation clearing is anticipated and these areas are not anticipated to host red-legged frogs.

CRLF-CTS-15: Wildlife Passage for Road Improvement Not applicable

CRLF-CTS-16: Accidental Spills, SWPPP, Erosion Control, and BMPs

Bury Milliken Raw Water Pipeline

CRLF-CTS-17: Site Restriction Bury Milliken Raw Water Pipeline

CRLF-CTS-18: Suitable Erosion Control Materials Bury Milliken Raw Water Pipeline

CRLF-CTS-19: Limitation on Insecticide/Herbicide Use Bury Milliken Raw Water Pipeline

CRLF-CTS-20: Limitation on Rodenticide Use Bury Milliken Raw Water Pipeline

CRLF-CTS-21: Invasive Non-Native Plant Species Prevention Bury Milliken Raw Water Pipeline

CRLF-CTS-22: Removal of Diversion and Barriers to Flow No diversions or barriers to flow will be implemented as part of this project.

CRLF-CTS-23: Removal of Non-Native Species Not applicable.

CRLF-CTS-24: Restore Contours of Temporarily Disturbed Areas

Bury Milliken Raw Water Pipeline

CRLF-CTS-25: Use of Native Plants for Revegetation No revegetation is planned for this project.

CRLF-CTS-26: Practices to Prevent Pathogen Contamination in Revegetation and Restoration

No revegetation is planned for this project.

C.4. For LAA projects only. Briefly describe the mechanism(s) of take as it may occur from implementation of the Subapplicant’s proposed project in the Action Area.

Mechanism(s) of Take (e.g. harm, injury, death, capture and relocation)

N/A

Describe any additional –project-specific measures that would be implemented to reduce the magnitude of take:

Provide an estimate of the magnitude of take for each federally listed species that may result from the Subapplicant’s proposed project, including:

• Take estimate based on existing population status, if available, otherwise use the area of suitable habitat affected as a surrogate for the take estimate;

• References for any materials utilized to develop these estimates; or

• Refer to the PBO maximum allowance of incidental take.

N/A

C.5. Provide a summary of FEMA’s NLAA and/or LAA Determinations for Federally Listed Species and Critical Habitat from implementation of the Subapplicant’s proposed project. List all the federally listed species and/or Critical Habitat that could be affected, and summarize those effects as they are presented in this Section. An ESA determination for each federally listed species and/or Critical Habitat is required.

Species: California Red-Legged Frog Determination Rationale for Species: This project may affect, but is not likely to adversely affect, the California red-legged frog. Although red-legged frogs have never been documented in Milliken Creek, the closest CNDDB occurrences are over 5 miles away, and the flow velocity in Milliken Creek is likely too intense to support red-legged frog breeding within the Project Area, there are small portions of the creek that pool that may support suitable red-legged frog breeding habitat. Given the distance to Milliken Creek itself from the project work area and the limited size of disturbance on either side of the pipeline, the most probable effects that are anticipated would result from erosion/sedimentation, noise/vibration, potential spills, and invasive species introductions. Adherence to AMMs implemented and the development of an ECP will minimize any potential for adverse effects via erosion and sedimentation. The distance to Milliken Creek from the construction work area indicates that all effects from noise and vibration will be discountable, as well. Invasive species introductions and potential spills will be controlled by strict adherence to AMMs, as detailed above in this form.

Given the fact that there are some small portions of potentially suitable habitat, there is low potential for dispersing individuals to occur within the project area. In order to cover this possibility, additional species-specific AMMs, noted above, will be implemented to ensure proper avoidance of any individuals, if encountered.

With the implementation of these additional AMMs, all potential effects on the California red-legged frog caused by the implementation of the project are anticipated to be insignificant.

Determination Rationale for Critical Habitat: There is no Critical Habitat within the AA. Therefore, there would be no effect.

C.6. For projects with an LAA determination, are there any cumulative effects15 anticipated from implementation of the Subapplicant’s proposed project, including construction activities? If so, please describe them.

N/A

15 Cumulative effects are those effects of future State or private activities, not involving Federal activities, that are reasonably certain to occur within the action area of the Federal action subject to consultation (50 CFR §402.02).

SECTION D. FOR THE SACRAMENTO FWO TO COMPLETE AND SIGN

Project Name: Bury Milliken Raw Water Pipeline FEMA Grant # or Disaster and Project Worksheet #s: 4344-284-091R

I concur with FEMA’s determination on federally listed species and critical habitat as described in this ESA Review Form, pursuant to Section 7 of the Endangered Species Act. The proposed projects are covered activities, and the effects to the listed species presented in this ESA Review Form have been analyzed in FEMA’s May 7, 2024, Reinitiation of Programmatic Formal Section 7 Consultation of Federal Emergency Management Agency’s Disaster, Mitigation, and Preparedness Program within the Sacramento Fish and Wildlife Office Jurisdiction in California (08ESMF00-2018-F-3331-1-R001) (Programmatic Biological Opinion, PBO).

Take for listed species presented in Section C of this ESA Review Form are exempt under the May 7, 2024, programmatic biological opinion.

The proposed projects are appended to the May 7, 2024, programmatic biological opinion under Service File Number 08ESMF00-2018-F-3331-R001.Therefore, no further action pursuant to the Act is necessary for the proposed projects unless new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered; the action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered;

or a new species is listed or critical habitat designated that may be affected by the…