EnvironPermitsObtained_by_Govt_for_Bradley_Canyon_Levee_Extension_for_information.pdf

For Information for the Bradley Canyon Levee Extension, Santa Barbara County – W912PL‐13‐B‐0001

Environmental Permits obtained by the Government:

Section 7 Consultation for BC Levee (BO) USFWS

Section 401 California Regional Water Quality Control Board BC Levee

Section 1602 SAA OPT Letter – California Department of Fish and Game

IN REPLY REFER TO:

81440-2011-F-0303

October 27, 2011

Josephine R. Axt, Chief Planning Division, Los Angeles District U.S. Army Corps of Engineers P.O. Box 532711 Los Angeles, California 90053-2325

Subject: Biological Opinion for the Bradley Canyon Levee Extension Project, Santa Maria, Santa Barbara County, California (8-8-11-F-25)

Dear Dr. Axt, This document transmits the U.S. Fish and Wildlife Service’s (Service) biological opinion regarding the proposed Bradley Canyon Levee Extension Project, in the city of Santa Maria, Santa Barbara County, California, and its effects on the federally threatened California red-legged frog (Rana draytonii). This biological opinion is issued in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Your request for formal consultation, dated April 28, 2011, was received by our office on May 2, 2011.

This biological opinion is based on information which accompanied your April 28, 2011 request for consultation, including the Biological Assessment (U.S. Army Corps of Engineers (Corps) 2011), and information in our files. A complete file of this consultation can be made available at the Ventura Fish and Wildlife Office.

Consultation History

The Corps began coordination on this project with Chris Dellith, Senior Biologist with the Service, in March 2010 regarding potential project impacts on California red-legged frogs.

Surveys for the California red-legged frog according to Service protocol were conducted on the project site. The survey results indicated that the project site supports potential habitat for the California red-legged frog. The Corps then developed avoidance and minimization measures for the California red-legged frog and its habitat during coordination with the Service. In February 2011, representatives of the Corps met with Roger Root, Assistant Field Supervisor, and David Simmons, Staff Biologist, to discuss the proposed project. The Corps made the determination that the proposed project would not affect the federally endangered least Bell’s vireo (Vireo bellii pusillus), southwestern willow flycatcher (Empidonax traillii extimus), arroyo toad (Anaxyrus californicus), California tiger salamander (Ambystoma californiense?), or tidewater goby (Eucyclogobius newberryi). On August 10, 2011, the Service submitted a draft biological

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Ventura Fish and Wildlife Office

2493 Portola Road, Suite B Ventura, California 93003

Josephine R. Axt (8-8-11-F-25) 2 opinion for the Bradley Canyon Levee Extension Project to the Corps for review. On October 12, 2011, we received a signed copy of the Corps comments on the draft biological opinion via electronic mail (email) from your staff. On October 24, 2011, we responded to your comments on the draft biological opinion. We have incorporated any appropriate changes in this final biological opinion.

BIOLOGICAL OPINION

DESCRIPTION OF THE PROPOSED ACTION

The following description of the proposed action has been summarized from the Biological Assessment (Corps 2011), unless otherwise noted.

The purpose of the proposed project is to provide flood protection to an urbanized area of the city of Santa Maria. The Corps has initiated repair of the Santa Maria Levee, which is scheduled for completion in June 2011. However, additional analysis revealed that there may be a breach in the levee and additional repair is needed along Bradley Canyon.

The Bradley Canyon Levee Extension project involves the repair of 3,700 feet of the existing Bradley Canyon Levee. The proposed project consists of repairing the existing rip-rapped levee with a combination of sheet pile and soil cement. About 1,000 feet of sheet pile would be installed in a section that supports riparian habitat downstream of Bradley Canyon Channel, and the remaining 2,700 feet would be repaired using soil cement.

Sheet pile The proposed project would repair a 1,000 foot section of the levee with sheet pile to minimize impacts to riparian habitat and reduce impacts to waters of United States. The sheet piling would consist of a series of panels with interlocking connections driven into the ground with impact or vibratory hammers to form an impermeable barrier. The top of the levee would require minimal excavation to provide access to install the tiebacks and concrete pile cap. No excavation would occur within the channel within this reach.

Soil cement The upstream end of the sheet pile extension would transition to a soil cement revetment in the 3,700 foot long proposed levee repair. The soil cement revetment would extend 2,700 feet upstream along the inside face of the levee. The Corps would excavate 15 feet below the existing grade and would extend upwards at a 2:1 slope along the inside face of the levee until the top of the revetment matches the top of the existing levee. The excavation would extend down 15 feet at a 2:1 slope, extending laterally approximately 80 feet from the tow of the levee within the 120 foot wide temporary construction easement corridor to protect against estimated scour depth. The proposed revetment would extend approximately 7 feet below the existing riprap revetment. The existing riprap revetment would not be removed from the inside face of the levee prior to placement of the soil cement. The soil cement would be installed on top of the existing riprap. The batch plant would be located outside of the channel. The soil cement would

Josephine R. Axt (8-8-11-F-25) 3 be compacted in 1 foot thick and a minimum of 8 foot wide layers. This operation would be repeated until cement reaches the top of the levee. Once the soil cement is installed, the excavation area would be backfilled with earthen fill material that is not utilized for the mixing of the soil cement. Because the volume of soil cement below the surface of the ground would reduce the volume of backfill needed, the backfill would only be a few inches shallower than the original channel bed elevation.

Installation of soil cement would include the following main steps: (1) temporary diversion of the low-flow Bradley Canyon Channel within the 2,700 foot long soil cement construction project area approximately 40 to 60 feet away from the existing alignment towards the eastern edge; (2) clearing and grubbing vegetation within 120 foot wide temporary construction easement corridor by 2,700 foot long section of the soil cement construction project area; (3) approximately 90,000 cubic yards of material would be temporarily excavated to construct the soil cement revetment. Approximately 36,000 cubic yards of imported borrow material would be utilized in the soil cement mixture. After the soil cement revetment was constructed, approximately 80,000 cubic yards of fill material would be required to back fill to the original grade. It is anticipated that approximately 30,000 cubic yards of fill material would be imported;

(4) mixing soil/sand with concrete to create soil cement at the upland portable batch plant near the project area; (5) trucking soil cement from the portable batch plant to the construction area;

(6) benching the face of the exposed slope with soil cement; and (7) backfilling the soil/sand and restoring the low-flow channel.

Temporary diversion channel A temporary diversion channel would be created along the soil cement section of levee repair (2,700 foot long) to avoid construction activities and equipment movement within flowing water, and to minimize impact to biological resources within the existing Bradley Canyon low-flow channel. The water diversion channel construction would be monitored by a qualified biologist and it would be maintained to minimize impacts to the California red-legged frog and water quality. The temporary diversion channel would be approximately 40 to 60 feet away from the existing alignment of the Bradley Canyon Channel towards the eastern edge of the 120 foot wide corridor. Upon completion of the project, the flow would be restored to its original position. A temporary water diversion plan would be developed and followed throughout the construction period. All activities related to water diversion would be monitored by a qualified Corps biologist.

Batch plant and staging area The upland portable batch plant and staging area for the soil cement and sheet pile would be located adjacent to the existing landfill facilities outside of the channel on the landside area.

This location is currently being used for the repair of the Santa Maria River levees. The area is mostly denuded of vegetation with patches of non-native-grassland and barren land.

Borrow material The project would excavate approximately 90,000 cubic yards of fill material from the 120 foot wide temporary construction easement in order to conduct construction activities.

Josephine R. Axt (8-8-11-F-25) 4

Approximately 36,000 cubic yards of borrow material would be utilized in the soil cement mixture. After the soil cement revetment is constructed, approximately 80,000 cubic yards of excavated material would be used to back fill to the original grade. Approximately 30,000 yards of native fill material would be imported from onsite. The fill material would be borrowed from an outside source outside the river channel in the vicinity of the project.

Construction equipment Construction equipment for the proposed soil cement would include a bulldozer, scrapers, dump trucks, hydraulic excavator, skip loader, vibratory roller, and water truck. Construction equipment for the proposed sheet pile would include a pile driver, crane, and material handling equipment. All construction equipment would be able to access the soil cement and sheet pile operations from the maintenance road on the top of the levee.

Haul/access road The levee would be accessed at various locations, including (1) to the west end of the Santa Maria River via a gated entry from Suey Crossing Road; (2) to the east end of Bradley Canyon via gated entry from Betteravia Road to the top of the levee, and (3) a gated entry at the east end of the active Santa Maria Regional Landfill, adjacent to the levee.

Construction duration Construction would commence by early 2012 and would take up to 8 to 12 months to complete.

Prior to construction, vegetation within the temporary construction easement would be cleared and grubbed and the Bradley Canyon low-flow channel would be diverted around the construction area to minimize impact to California red-legged frogs and water quality. To minimize temporary construction impacts to wildlife, vegetation clearing and grubbing would be performed prior to migratory bird nest season (February 15 through September 15) and California red-legged frog breeding season. Sheet pile installation and soil cement placement on the existing riprapped levee would occur between April 1 and November 30 to minimize impacts to the California red-legged frog. Construction activities associated with the installation of sheet pile can be initiated in 2 to 3 months and soil cement can be placed in 6 to 8 months which can be worked on simultaneously.

Future operation and maintenance The constructed levee in Bradley Canyon would require periodic maintenance after large storm events. The maintenance work would be accomplished quickly because of public safety concerns. The Santa Barbara County Flood Control and Water Conservation District would conduct all future operations and maintenance activities within the Bradley Canyon Channel, pursuant to the Service’s July 25, 2005 biological opinion (1-8-04-F-46). The Corps would prepare an operations and maintenance manual upon completion of construction. The manual would include all similar environmental commitments for the proposed project. Any required permits would be obtained by the Santa Barbara County Flood Control and Water Conservation District from the resource agencies and the Corps Regulatory Division prior to commencement of the operations and maintenance activity.

Josephine R. Axt (8-8-11-F-25) 5

The Corps proposes to implement the following summarized protective measures, as described in various sections of the Biological Assessment (Corps 2011):

1. A qualified biologist would perform California red-legged frog surveys 2 days prior to the initiation of the project construction. If California red-legged frogs are found, the permitted biologist would relocate frogs from the project area to an appropriate habitat location in accordance with the incidental take statement of this biological opinion;

2. The California red-legged frog would be relocated the shortest distance possible to an area which contains suitable habitat free from exotic predatory species and would not be affected by construction activities;

3. The biologist would maintain detailed records of any individuals that are moved (e.g.

size, discoloration, any distinguishing features, digital photographs) to assist him or her in determining whether translocated animals are returning to the original points of capture;

4. The existing Bradley Canyon Channel would be diverted away from the temporary construction area prior to construction. All activities would be monitored by a qualified biologist;

5. If a work site is to be temporarily dewatered by pumping, intakes would be completely screened with wire mesh not larger than five millimeters to prevent California red-legged frogs from entering the pump system. Water would be released or pumped downstream at an appropriate rate to maintain downstream flows during construction. Upon completion of construction activities, any barriers to flow would be removed in a manner that would allow flow to resume with the least disturbance to the substrate;

6. Work activities would be completed between April 1st and November 30th. Should the contractor need to conduct activities outside this period, the construction area would be surveyed for presence of California red-legged frogs. If they are found, they would be relocated to the suitable habitat in accordance with the conditions of this biological opinion. The Corps biologist would coordinate with the Service, and direction would be provided to the construction field representative how to schedule the project construction so that California red-legged frogs would not be affected;

7. Construction activities would be monitored daily all the time during construction by a qualified biologist;

8. Water would not be impounded in a manner that may attract California red-legged frogs within the construction site. A Corps qualified biologist would ensure that the spread or introduction of invasive exotic species such as bullfrogs (Rana catesbeiana), crayfish, and centrarchid fishes (Centrarchus spp.), would be prevented to the maximum extent possible during construction;

9. Field personnel would be trained to recognize and avoid California red-legged frogs. If found during construction the field personnel would immediately contact the Corps biologist, and stop work in the area where California red-legged frogs were found. A Corps/qualified biologist would be present at the work site until the removal of California red-legged frogs, instruction of workers, and habitat disturbance has been completed;

10. During project activities and upon completion of the project, all trash that may attract predators would be properly contained, removed from the worksite, and disposed of;

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11. Project sites would be revegetated with an appropriate assemblage of native seed mix suitable for the area;

12. Upon completion of the project, the Corps biologist would ensure that a project completion report is completed and sent to the Service (Ventura Field Office);

13. All workers would be advised that equipment and vehicles must remain within the designated work areas;

14. The work area would be delineated with fencing;

15. Equipment would be cleaned prior to working in the riparian corridor;

16. Fueling and maintenance activities for vehicles and construction equipment would be placed at the staging area, about 20 to 30 meters away from riparian vegetation and suitable habitat for the California red-legged frog;

17. Construction would be avoided during the California red-legged frog breeding season (December 1st through March 31st) in areas with the potential for California red-legged frog to occur;

18. Prior to construction, a qualified biologists would delineate suitable areas of habitat where California red-legged frogs may occur; and

19. The Corps would provide a briefing to the construction crew prior to initiation of the project construction to provide information and commitments to be followed during construction to avoid and minimize impacts to the federally listed species, specifically the project area that supports the California red-legged frog and its critical habitat. All workers would be advised that equipment and vehicles must remain within the designated work areas and out of the waters of the U.S.

ANALYTICAL FRAMEWORK FOR THE JEOPARDY DETERMINATION

Jeopardy Determination

The jeopardy analysis in this biological opinion relies on four components: (1) the Status of the Species, which describes the range-wide condition of the California red-legged frog, the factors responsible for that condition, and its survival and recovery needs; (2) the Environmental Baseline, which analyzes the condition of the California red-legged frog in the action area, the factors responsible for that condition, and the relationship of the action area to the survival and recovery of the California red-legged frog; (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 California red-legged frog; and (4) the Cumulative Effects, which evaluates the effects of future, non-Federal activities in the action area on the California red-legged frog.

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 current status of the California red-legged frog, 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 California red-legged frog in the wild.

Josephine R. Axt (8-8-11-F-25) 7

STATUS OF THE SPECIES

The California red-legged frog was federally listed as threatened on May 23, 1996 (Service 1996), and critical habitat was designated for the subspecies on April 13, 2006 (Service 2006).

On March 17, 2010, the Service designated 1,636,609 acres as critical habitat for the California red-legged frog; an area more than three times larger than the 2006 designation for the subspecies (Service 2010). The Service completed a recovery plan for the subspecies in 2002 (Service 2002).

Detailed information on the biology of California red-legged frogs can be found in Storer (1925), Stebbins (2003), and Jennings et al. (1992). This species is the largest native frog in the western United States, ranging from 1.5 to 5.1 inches long. The abdomen and hind legs of adults are largely red; the back is characterized by small black flecks and larger irregular dark blotches with indistinct outlines on a brown, gray, olive, or reddish background color. Dorsal spots usually have light centers, and dorsolateral folds are prominent on the back. Tadpoles range from 0.6 to 3.1 inches long and are dark brown and yellow with dark spots.

The California red-legged frog uses a variety of habitat types, including various aquatic systems, riparian, and upland habitats. The diet of California red-legged frogs is highly variable. Hayes and Tennant (1985) found invertebrates to be the most common food item of adults. Vertebrates, such as Pacific treefrogs and California mice (Peromyscus californicus), represented over half of the prey mass eaten by larger frogs (Hayes and Tennant 1985). Feeding activity occurs along the shoreline and on the surface of the water. Hayes and Tennant (1985) found juveniles to be active diurnally and nocturnally, whereas adults were largely nocturnal.

California red-legged frogs breed from November through March; earlier breeding has been recorded in southern localities (Storer 1925). Males appear at breeding sites from 2 to 4 weeks before females (Storer 1925). California red-legged frogs are often prolific breeders, typically laying their eggs during or shortly after large rainfall events in late winter and early spring.

Female California red-legged frogs deposit egg masses on emergent vegetation so that the masses float on the surface of the water (Hayes and Miyamoto 1984). Egg masses contain about 2,000 to 5,000 moderately-sized (0.08 to 0.11 inch) in diameter, dark reddish brown eggs (Storer 1925, Jennings and Hayes 1985). Eggs hatch in 6 to 14 days (Storer 1925). Larvae undergo metamorphosis between 3.5 to 7 months after hatching (Storer 1925, Wright and Wright 1949).

Sexual maturity can be attained at 2 years of age by males and 3 years of age by females and is usually reached at 3 to 4 years of age (Jennings and Hayes 1985); adults may live 8 to 10 years (Jennings et al. 1992) although the average life span is considered to be much lower. Juveniles have been observed to be active diurnally and nocturnally, whereas adults are mainly nocturnal.

California red-legged frogs spend most of their lives in and near sheltered backwaters of ponds, marshes, springs, streams and reservoirs. Deep pools with dense stands of overhanging willows and an intermixed fringe of cattails (Typha spp.) are considered optimal habitat. California red-legged frogs breed in aquatic habitats. Eggs, larvae, transformed juveniles and adults also have

Josephine R. Axt (8-8-11-F-25) 8 been found in ephemeral creeks and drainages and in ponds that do not have riparian vegetation.

California red-legged frogs frequently breed in artificial impoundments such as stock ponds, if conditions are appropriate. Although California red-legged frogs successfully breed in streams and riparian systems, high seasonal flows and cold temperatures in streams often make these sites risky environments for eggs and tadpoles. The importance of riparian vegetation for this species is not well understood. When riparian vegetation is present, California red-legged frogs spend considerable time resting and feeding in it; the moisture and camouflage provided by the riparian plant community likely provide good foraging habitat and may facilitate dispersal in addition to providing pools and backwater aquatic areas for breeding. Accessibility to sheltering habitat is essential for the survival of California red-legged frogs within a watershed, and can be a factor limiting population numbers and distribution.

Juvenile and adult California red-legged frogs may disperse long distances from breeding sites throughout the year. They can be encountered living within streams at distances exceeding 1.8 miles from the nearest breeding site, and have been found up to 400 feet from water in adjacent dense riparian vegetation (Bulger et al. 2003). Some California red-legged frogs have moved long distances over land between water sources during winter rains. Adult California red-legged frogs have been documented to move more than 2 miles in northern Santa Cruz County “without apparent regard to topography, vegetation type, or riparian corridors” (Bulger et al. 2003). Most of these overland movements occur at night. These individual frogs were observed to make long-distance movements that are straight-line, point to point migrations over variable upland terrain rather than using riparian corridors for movement between habitats. For the California red-legged frog, suitable habitat is considered to include all aquatic and riparian areas within the range of the species and includes any landscape features that provide cover and moisture (Service 1996).

California red-legged frogs have been found at elevations that range from sea level to about 5,000 feet. In the Sierra Nevada Mountains, California red-legged frogs typically occur below 4,000 feet in elevation (Service 1996). The historical range of the California red-legged frog extended coastally from southern Mendocino County and inland from the vicinity of Redding, California, southward to northwestern Baja California, Mexico (Jennings and Hayes 1985, Storer 1925). The California red-legged frog has been extirpated or nearly extirpated from 70 percent of its former range. Historically, this subspecies was found throughout the Central Valley and Sierra Nevada foothills. At present, California red-legged frogs are known to occur in 243 streams or drainages in 22 counties, primarily in central coastal California. Four additional occurrences have been recorded in the Sierra Nevada foothills since listing, bringing the total to five extant populations, compared to approximately 26 historical records (Service 1996).

Currently, California red-legged frogs are known from three disjunct regions in 26 California counties and one region in Baja California, Mexico (Grismer 2002, Fidenci 2004, Smith and Krofta 2005). The most secure aggregations of California red-legged frogs are found in aquatic sites that support substantial riparian and aquatic vegetation and lack non-native predators.

Over-harvesting, habitat loss, non-native species introduction, and urban encroachment are the primary factors that have negatively affected the California red-legged frog throughout its range (Jennings and Hayes 1985, Hayes and Jennings 1988). Habitat loss and degradation, combined

Josephine R. Axt (8-8-11-F-25) 9 with over-exploitation and introduction of exotic predators, were important factors in the decline of the California red-legged frog in the early to mid-1900s. Continuing threats to the California red-legged frog include direct habitat loss due to stream alteration and loss of aquatic habitat, indirect effects of expanding urbanization, competition or predation from non-native species including the bullfrog, catfish (Ictalurus spp.), bass (Micropterus spp.), mosquitofish, and crayfish. Chytrid fungus (Batrachochytrium dendrobatidis) is a waterborne fungus that can decimate amphibian populations, and is considered a threat to California red-legged frog populations.

Although the presence of California red-legged frogs is correlated with still water deeper than approximately 1.6 feet, riparian shrubbery and emergent vegetation (Jennings and Hayes 1985), there are numerous locations in the species’ historical range where these elements are well represented yet California red-legged frogs appear to be absent. The cause of local extirpations does not appear to be restricted solely to loss of aquatic habitat. The most likely causes of local extirpation are thought to be changes in faunal composition of aquatic ecosystems (i.e., the introduction of non-native predators and competitors) and landscape-scale disturbances that disrupt California red-legged frog population processes, such as dispersal and colonization. The introduction of contaminants or changes in water temperature may also play a role in local extirpations. These changes may also promote the spread of predators, competitors, parasites and diseases.

Santa Barbara County (County) contains a relatively strong population of California red-legged frogs. On March 10, 2010, the Service designated over 100,000 acres of critical habitat for the California red-legged frog within Santa Barbara County alone (Service 2010). On Vandenberg Air Force Base and the Los Padres National Forest, California red-legged frog populations are largely secure as a result of comprehensive management plans; although military and recreational activities do cause habitat disturbance, mortality, and other adverse effects. In the balance of the County, all of the aforementioned threats to the species are ongoing with the exception of overharvesting. Urbanization and agricultural activities likely have the most substantial adverse effects on habitat quality and availability for local populations of California red-legged frogs. Expansion and maintenance of row-crop agriculture removes breeding and foraging habitat, increases nutrient and sediment loads in aquatic habitat, and can cause direct mortality. Livestock grazing practices can introduce nutrients and sediment into aquatic habitat, reduce herbaceous cover, and some livestock water sources support non-native predators of the California red-legged frog. However, responsible livestock management in some parts of the County, including keeping livestock out of riparian areas and constructing stock ponds has improved existing habitat, created new habitat, and improved habitat connectivity for the species.

On a smaller scale, oil exploration and extraction has directly impacted California red-legged frogs and removed or degraded habitat in the western/northwestern region of the County.

ENVIRONMENTAL BASELINE

The implementing regulations for section 7(a)(2) of the Act define the “action area” as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area

Josephine R. Axt (8-8-11-F-25) 10 involved in the action (50 Code of Federal Regulation 402.02). For the purposes of this biological opinion, we consider the action area to include the entire work area along the Bradley Canyon Levee Extension project including the sheet pile and soil cement sections of levee repair, haul/access roads, staging and batch plant areas, and areas where California red-legged frogs within the work area would be relocated. Specifically:

The sheet pile section of the levee repair would be approximately 1,000 feet long at the downstream portion of the site.

The soil cement section is approximately 2,700 feet long by 120 feet wide at the upstream portion of the site. This section would include soil excavation and a temporary water diversion in the active channel for a total area of disturbance of approximately 9.2 acres.

In addition, we consider an area 500 feet in all directions of the project site in natural areas to be part of the action area. This area is intended to account for the indirect effects of noise, dust, sedimentation, and disturbance on the California red-legged frog.

The following discussions of the action area, vegetation and wildlife are based on biological field surveys and research as reported in the Biological Assessment (Corps 2011). We have no reason to conclude that this discussion is incorrect.

The Bradley Canyon Levee Extension project area encompasses 3,700 feet of the existing Bradley Canyon Levee adjacent to the Santa Maria Landfill, starting at the Bradley Canyon confluence with the Santa Maria River and continuing upstream within Bradley Canyon.

Construction activities to repair and strengthen the soil cement portion of the levee would extend 120 feet (80 feet for excavation and 40 feet for stockpile and soil cement processing) from the toe of the existing levee into the low-flow channel of Bradley Canyon. The low-flow channel is approximately 10 feet wide and 3 to 4 feet deep. Much of the upland area adjacent to the action has been subject to rapid changes in land use. Agricultural fields are located adjacent to and within some sections of the floodplain and occur on both the north and south sides of the project site. The Bradley Canyon Channel can support wildlife species including the California red-legged frog within and adjacent to the action area. Santa Maria Landfill is located on the southwest side of the levee.

The 1,000 foot section of the floodplain along the downstream end of the Bradley Canyon drainage within the action area has a well-defined secondary channel with multiple terraces. The Bradley Canyon Channel terminates in the Santa Maria River via a pipe culvert. This 1,000 foot reach supports riparian vegetation consisting of willow (Salix spp.), mulefat (Baccharis salicifolia), and several other native plants, scalebroom (Lepidospartum squamatum), rabbits foot grass (Polypogon monspeliensis), curly doc (Rumex crispus), nut sedge (Cyperus eragrostis), and algal mats (Cara spp.).

Denuded vegetation, barren substrate and agricultural fields are located adjacent to the Bradley Canyon Channel along the 2,700 foot upstream reach of the proposed action area. This reach is subject to high disturbance due to agricultural fields and the Santa Barbara County Flood Control and Water Conservation District routine maintenance activities. The levee forms a steep riprap slope along the southern edge of the channel. Almost throughout the year, surface water is

Josephine R. Axt (8-8-11-F-25) 11 present in the Bradley Canyon Channel because it receives run-off from agricultural irrigation of adjacent properties.

Numerous small mammal burrows were observed along the banks and near the base of the Bradley Canyon Levee during April 2010 and March 2011 surveys.

Vegetation communities identified during the surveys include arroyo willow riparian scrub, central coast riparian scrub, mulefat scrub, non-native grasslands, disturbed/ruderal non-native vegetation, active agriculture, active channel/Bradley Canyon. These plant communities were identified using aerial photographs and field surveys by the Corps biologists in April 2010 and March 2011. In total, approximately 13.12 acres of habitat consisting of 2.79 acres of native habitat, 0.83 acre of active channel, and 9.5 acres of non-native plant communities or agriculture/barren land would be located within the project work area and would be disturbed by the proposed project.

Riparian communities along the downstream end of the Bradley Canyon drainage support diverse assemblages of wildlife by providing access to water, shade and protection from predation. These areas also provide foraging habitat and breeding habitat for a number of fish and wildlife species. The riparian and non-native plant community types that occur within and adjacent to the Bradley Canyon Channel and Santa Maria River provide habitat for a variety of resident and migratory wildlife species. Riparian areas provide potential habitat for several special status species including the California red-legged frog.

The California red-legged frog has been consistently reported from the Santa Maria region. The Corps and Aspen Environmental Group performed surveys for the California red-legged frog between March 4, 2010, and April 22, 2010. During an initial survey, Bradley Canyon Channel was identified as having potentially suitable habitat (i.e. standing water). A wetted area between Bradley Canyon and Suey Crossing Road downstream on the Santa Maria River was also surveyed. Survey activities in Bradley Canyon were focused on suitable habitat present within the action area.

At the time of the initial survey, the flows within the Bradley Canyon Channel were moderate to slow with heavily silted water. The land adjacent to the ditch had recently been disked and was generally void of vegetation for the first two surveys. Subsequent surveys found non-native grasses growing in the previously disked areas and in some areas hanging over the bank. By the final survey on April 22, 2010, the area again showed evidence of recent disking. Downstream of the disked region, the riparian vegetation was denser, running adjacent to the channel from where the agricultural field ended to a culvert over the channel. Water was flowing under the culvert through a corrugated plastic pipe approximately 2.5 feet in diameter. The water spills out of the pipe into a large pool approximately 10 feet in diameter with several willows in and adjacent to the water. The water flows out of the pool and through shallow riffles cutting northward until it joins the Santa Maria River. The banks along the riffle section are high and steeply downcut. Water flow from Bradley Canyon tapered off to nothing during the final survey on April 22, 2010.

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California red-legged frogs were observed in Bradley Canyon from 34.936780oN, - 120.356380oW to the culvert pool at 34.940114oN, -120.358676oW. Adult frogs were observed within Bradley Canyon Channel, but the species was not observed downstream of the culvert pool or downstream in the Santa Maria River where surveys were conducted within suitable habitat. The area was revisited during the daytime on March 25, 2010 and April 22, 2010 to look for egg masses because an amplexing couple was previously observed. A second night visit was made on April 8, 2010 to confirm that the frogs were still occupying the area within Bradley Canyon Channel. No California red-legged frog tadpoles or egg masses were observed during any of the surveys.

According to the surveys conducted in 2010, we know that California red-legged frogs are present within the action area in the Bradley Canyon Channel. Ten adult California red-legged frogs were observed during 2 nighttime protocol-level surveys conducted within the proposed action area. Surveys for the California red-legged frog conducted according to our protocol are designed to determine the presence or absence of the California red-legged frog and are not intended for population census. Therefore, while you conducted surveys according to our protocol for the California red-legged frog within the action area and detected 10 individual adults, it is possible that more individuals were present within Bradley Canyon, which were not detected during these surveys. Spadefoot toads (Spea hammondii), western toads (Anaxyrus boreas), and treefrogs (Pseudacris hypochondriaca) were also found within the action area, including the egg masses of both spadefoot toads and treefrogs. Bullfrogs were observed downstream on the Santa Maria River.

Because California red-legged frogs were observed in amplexus, it is assumed that the species may be attempting to breed within the action area; however, no egg masses or tadpoles were seen during surveys. The water had a high silt content during the surveys, which provides less than optimal conditions for the detection of egg masses or tadpoles.

The Santa Barbara County Flood Control and Water Conservation District has also conducted surveys for the California red-legged frog within the project action area. In 2008, the Santa Barbara County Flood Control and Water Conservation District biologists conducted surveys for the California red-legged frog according to Service protocol pursuant to their biological opinion (1-8-04-F-46). The surveys were conducted within the downstream 1,000 foot portion of the proposed action area in Bradley Canyon Channel. Three sub-adult California red-legged frogs were identified near the downstream terminus of the Bradley Canyon Channel. The Santa Barbara County Flood Control and Water Conservation District has observed California red-legged frogs within the action area in Bradley Canyon and upstream to Betteravia Road since at least 2003.

EFFECTS OF THE ACTION

California red-legged frogs within the footprint of the proposed action may be killed or injured during ground disturbing activities or sediment stockpiling, or by construction equipment, personnel and vehicle movement through the action area. This effect would be minimized by the

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Corps’ use of biological monitors to survey the area prior to construction activities and remain onsite until habitat disturbance has been completed. All workers would be advised that equipment and vehicles must remain within the designated work areas and outside of waters of the U.S., and work areas would be delineated by fencing. Equipment access routes and staging areas would be outside of riparian areas or other water bodies. Work activities would be completed outside the breeding season, as feasible. Construction staff would be trained to recognize and avoid the California red-legged frog and in the event that they are found during construction, stop work until individuals could be relocated. Any California red-legged frogs found within the action area and determined by the project biologist to be at risk would be relocated the shortest distance possible to a nearby suitable habitat, as proposed by the Corps. In addition, the existing Bradley Canyon Channel would be diverted away from the temporary construction area prior to construction, which could encourage individuals to move away from construction areas. Water would not be impounded in a manner that would attract California red-legged frogs within the construction site. It is possible that not all California red-legged frogs within the proposed disturbance area would be detected during these surveys, and may be injured or killed despite survey efforts intended to detect their presence.

The proposed activities could adversely affect California red-legged frogs in their upland habitat throughout the proposed action area. However, the agricultural fields adjacent to Bradley Canyon are routinely disked, likely rendering any upland habitat unsuitable for the California red-legged frog. Because the Corps would implement the protective measures described above, we anticipate that only a small portion of the California red-legged frog individuals that may be present on the site or its uplands would be injured or killed as a result of the proposed project.

Construction of the proposed project within suitable habitat for the California red-legged frog is expected to occur between April 1 and November 30. Therefore, construction may occur during the beginning of the typical rain season in Southern California and the typical breeding season for California red-legged frogs. Some California red-legged frogs may make overland excursions through upland habitats during periods of wet weather, starting with the first rains of autumn. If sufficient precipitation falls during project construction, California red-legged frogs may be injured or killed as they attempt to disperse through the project site to nearby breeding pools.

California red-legged frogs could be injured or killed if they are improperly handled or contained during capture and relocation efforts. These effects could be increased or prolonged if a suitable relocation area is not identified prior to initiating surveys. These threats would be minimized by the Corps’ use of Service-approved biologists with experience to survey for, capture, and relocate the species to an appropriate habitat that is the shortest distance possible from the capture site. However, if relocation areas are not identified prior to initiating surveys California red-legged frogs could be contained for a prolonged period and could be at risk of injury or death.

Individual California red-legged frogs attempting to return to the project site following relocation efforts may be exposed to increased predation, exhaustion, starvation, desiccation, or barriers to

Josephine R. Axt (8-8-11-F-25) 14 dispersal. Relocated California red-legged frogs may be at risk of injury or death. This risk may increase with the distance of the relocation site from the work area. California red-legged frogs have been documented to travel as far as 2.2 miles from non-breeding to breeding habitats (Bulger et al. 2003). Because a portion of the proposed project site contains suitable breeding habitat, it is possible that some relocated frogs may attempt to journey back to the project site.

However, adverse effects to suitable habitat are expected to be temporary in nature, and permanent impacts are not likely to occur. The project is not likely to permanently affect dispersal, or block or degrade links between aquatic sites. Relocating individuals will also minimize the direct risk of injury or mortality as a result of construction activities. These effects would be minimized because the Corps proposes to relocate individuals the shortest distance possible to suitable habitat that is free from exotic predatory species. The biologist would maintain detailed records of any individuals that were moved to assist them in determining whether relocated individuals were returning to original points of capture. While the Corps proposes to have a qualified biologist onsite during habitat disturbance, California red-legged frogs may move back into a work area overnight and could be at risk of injury or death due to project activities.

Handling California red-legged frogs, or introducing equipment into occupied habitat, can also result in the spread of chytrid fungus, a pathogen linked to declines in amphibians. Chytrid fungus is a water-borne fungus that can be spread through direct contact between aquatic animals and by a spore that can move short distances through the water. The fungus can decimate amphibian populations, causing fungal dermatitis, which usually results in death in 1 to 2 weeks.

Infected animals may spread the fungal spores to other ponds and streams before they die. Once a pond has become infected with chytrid fungus, the fungus stays in the water for an undetermined amount of time. If California red-legged frogs that are relocated from the project are infected with chytrid fungus, they may spread the fungal spores to uninfected individuals in the relocation areas. If they are not infected, they may become infected through exposure to infected amphibians inhabiting the relocation area. The effect of biologists spreading diseases between worksites or habitats could be reduced by implementing the fieldwork code of practice developed by the Declining Amphibian Populations Task Force; however, this would not reduce the risk of spreading disease through exposure to infected animals during relocation efforts.

California red-legged frogs may be killed or injured by inadvertent trampling by workers from foot traffic and operation of construction equipment during construction activities, revegetation efforts, and monitoring or surveying activities. This effect would be minimized by providing worker education to assist in the identification and avoidance of California red-legged frogs as proposed by the Corps.

California red-legged frogs may also become trapped in steep-walled holes or trenches, making them vulnerable to desiccation, starvation, and predation and may also be injured or killed by the impact of a fall into a deep excavation. Additionally, California red-legged frogs may become entangled in mesh used in erosion control products if they are used to control sediment during construction or during the revegetation effort.

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California red-legged frogs were observed in the action area in amplexus, suggesting the species is attempting to breed within the action area. The protocol-level surveys did not find positive evidence of breeding activities (i.e. tadpoles and egg masses); however, as described in the Environmental Baseline section above, protocol-level surveys are only intended to determine the presence or absence of the California red-legged frog. Therefore, California red-legged frogs may be successfully breeding within the action area even though definitive evidence of breeding activities (e.g., egg masses or tadpoles) was not observed. If the species is using habitat within the action area for breeding purposes and the habitat would be impacted directly or indirectly by the proposed project, reproduction rates are likely to decrease within the action area. Suitable breeding habitat within the action area is not likely to be permanently impacted by the proposed project. Therefore it is likely that reproduction rates, should the species be breeding onsite, would return to normal levels after the proposed project is completed. According to the Description of the Proposed Action section of this biological opinion, the project should be completed within 12 months, so project impacts are likely to only occur through 1 breeding season. Long-term impacts to suitable breeding habitat are not likely because the Bradley Canyon Channel will be returned to its original location after construction, and the sheet pile and soil cement levee repairs are not likely to alter the existing conditions of suitable breeding habitat for the California red-legged frog. Working outside the breeding season, as proposed in protective measure #6 by the Corps, would reduce the effect of the proposed project on breeding activities of the California red-legged frog within the action area.

Construction activities, including noise, vibration, traffic, lighting, and disturbance of habitat, especially during the sheet pile construction, may cause California red-legged frogs to temporarily abandon habitat adjacent to work areas. While these indirect effects are likely to occur, the observation of California red-legged frogs within Bradley Canyon immediately adjacent to ongoing agricultural activities including disking, and maintenance activities by the Santa Barbara County Flood Control and Water Protection District indicates that the species has already habituated to some level of disturbance in and around the Channel. In the long-term, the proposed project is not likely to exacerbate the disturbance of the area to such an extent that California red-legged frogs would discontinue utilizing the site. However, temporary disturbance within the action area as a result of the proposed project may increase the potential for predation and desiccation when California red-legged frogs leave shelter sites.

Frogs and tadpoles may be entrained by pump intakes if such devices are used to dry out work areas.