Biological Evaluation Process Tech Note FINAL MERGED · 2016-11-18 · Biological Evaluation Process for Threatened, Endangered, and Species of Concern PURPOSE This technical note

TECHNICAL NOTES U.S. DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PORTLAND, OREGON NOVEMBER 2016

OREGON BIOLOGY TECHNICAL NOTE NO. 52

Biological Evaluation Process for Threatened, Endangered, and Species of Concern

PURPOSE

This technical note provides Oregon NRCS conservation planners with a step-by-step process for

conducting biological evaluations to determine potential effects of proposed actions and

alternatives on certain at-risk wildlife and plant species. Making biological effects determinations

is a component of the environmental evaluation process that helps the agency comply with

federal and state laws and policy regarding conservation of at-risk species. The process outlined

herein is designed to assist planners with recognizing when projects may affect certain at-risk

species so that appropriate measures can be taken to avoid or reduce adverse impacts, or

preferably yield a beneficial effect.

BACKGROUND

The Environmental Evaluation (EE, also known as the CPA-52) is “the part of planning that

inventories and estimates the potential effects on the human environment of alternative solutions

to resource problems” (7 CFR 650.4 and GM 190 Part 410.4D). The form provides

documentation of these effects during the planning process and was designed to assist the

conservation planner with compliance requirements for applicable Federal laws, regulations,

Executive Orders, and policy. One piece of that evaluation is documenting compliance with

applicable Federal, State, Tribal, and local requirements for protecting at-risk species and their

habitats.

NRCS is committed to supporting its clients and partners in conserving and improving natural

resources on private lands, including at-risk species. According to NRCS policy, the planning

and application of conservation practices and measures must provide for the conservation of

federally listed species (endangered and threatened), species proposed for federal listing, federal

candidate species, federally designated and proposed critical habitat, state and tribal species of

concern and their habitats (collectively referred to as at-risk species/habitats). This policy is

based in part on federal agency obligations under the Endangered Species Act of 1973 and other

federal and state laws.

One key step to ensuring compliance is conducting an environmental/biological evaluation to

determine the effects of proposed actions and alternatives on federally listed/proposed species

and their habitats. Planners are required to document the nature and extent of the effects, and

conclude whether the proposed action and alternatives will have “no effect” or “may affect”

protected species and their habitats. Also, considerations must be made for project impacts on

state/tribal species of concern.

2

This technical note provides a process for utilizing

available data and species life history information to

help NRCS planners in Oregon to make initial

determinations and document considerations. It is

important to note that this process should be applicable

in most, but not all cases. Site specific conditions may

necessitate further investigation and incorporation of

additional information by the planner prior to making a

final effects determination. Finally, next steps are

identified if it is determined projects potentially could

have an effect. Planners should continue to refer to

NRCS policy in General Manual 190 Part 410.22 for

full details on agency requirements and procedures for

threatened, endangered and species of concern.

STEPS IN THE PROCESS

1. Submit request for T&E Species Report

As soon as a potential project planning area has been identified, planners may submit a request to

the Oregon NRCS State Office for a list of at-risk species and habitats that could occur in the area

of potential effect. Utilizing natural heritage data from the Oregon Biodiversity Information

Center (ORBIC) and other sources, a list (commonly referred to as the “T&E Species Report”)

will be generated of at-risk species and special status habitats that have been recorded in or

around the project area that, at a minimum, must be addressed in the planning process. Planners

may request T&E lists at the field/farm/ranch or area-wide levels.

a. Field/farm/ranch level. Requests made for individual projects at this scale can be

submitted on the “Request for Cultural Resource Review and T&E Species List Form”

(OR-EVT-1CR/TE).

b. Area-wide level. To facilitate area-wide planning for Conservation Implementation

Strategies (CIS) or other watershed scale efforts, planners may request T&E lists for focal

landscapes where individual projects will be implemented in the future. The request

should include a GIS shapefile of the planning area boundary, and either the draft CIS

proposal or brief summary of the land uses that will be impacted. Submit the request at

least three weeks before any deadline for your project, although it is still recommended

you obtain the list early in the CIS development stages. Email requests, with appropriate

GIS shapefile and narrative data attached, to the NRCS State GIS Specialist.

Key Terms

Actions: All activities or programs authorized, funded, or carried out in whole or in part by NRCS.

Effects: The short/long term and direct/indirect effects of an action on thespecies or habitat, together with the effects of other activities that are interrelated orinterdependent with that action.

May Affect: The determination that a proposed NRCS action may result in impacts (beneficial or adverse) to a listed, proposed, orcandidate species or designated or proposed critical habitat.

No Effect: The conclusion when NRCS determines a proposed action will not haveany measurable effect (either beneficial oradverse) on species and habitats covered by policy.

3

2. What to do with the T&E Species Report

Planners will receive a T&E Species Report response which includes any recorded occurrences

of the following on or within the vicinity of the potential project:

Federally listed Endangered (E) or Threatened (T) species, species proposed for federal

listing (P), federal candidate species (C), federally designated and proposed critical

habitat (CH, PCH);

State listed species of concern;

Essential Fish Habitat

It is important to recognize that the lack of a recorded occurrence in the heritage database does

not always confirm absence of a species or its habitat. For example, private lands may not have

been surveyed for that species or its habitat, so planners must have an awareness of the species

typically found in their area and know what to look for. State and federal wildlife experts in the

area are key resources for this information. If there are other at-risk species or habitats known

locally to occur in the area that were not identified on the list, contact the appropriate NRCS

State Specialist to evaluate the need to incorporate into your analysis.

Maintain a copy of the T&E Species Report in the conservation plan folder for

documentation.

If species/habitats are identified in project area, proceed to Step 3 and follow the protocols

outlined to address each species in the area of potential effect. Since federal and state

designations are based on different laws and policies, the processes for evaluating and

documenting potential project impacts for each species or habitat is different based on the

status (Appendix A).

If no species or habitats are present in the area, then document this finding on the

Environmental Evaluation Worksheet (NRCS-CPA-52), T&E Species Guide Sheet, and

proceed with planning.

3. Evaluating potential effects of proposed actions on at-risk species and habitats

Federally Listed/Proposed Endangered or Threatened Species and Designated/Proposed

Critical Habitat

In order to comply with the Endangered Species Act, NRCS must determine the effects of

proposed actions on federally listed/proposed species and designated/proposed critical habitat.

The effects determination must include the nature and extent of the effects, and conclude

whether the proposed action and alternatives will have “no effect” or “may affect” species.

When NRCS concludes that a proposed action will have “no effect” on protected species and

habitats, planners will provide documentation supporting the determination and may proceed

with planning and application of the proposed action. Also, NRCS is required to consult with the

4

appropriate lead agency, U.S. Fish and Wildlife Service (USFWS) or the NOAA National

Marine Fisheries Service (NMFS), when we conclude that an action under NRCS control “may

affect” federally listed species or designated critical habitat (requirements for Essential Fish

Habitat covered separately below). Outlined here is a systematic process for conducting

biological evaluations to determine potential effects of proposed actions and document findings.

The effects determination process starts with the planner filling in the appropriate sections of the

CPA-52, T&E Guide Sheet. The steps below are intended to help the planner think through and

further document their biological evaluation process and effects determinations.

a. Complete Species Effects Determination Worksheets

Effects Determination Worksheets have been developed for each federal species to help

planners conduct a rapid, initial assessment of whether or not proposed projects are likely

to have an effect on the species or its habitats (Appendix B). The worksheets step

planners through a series of questions about the project in relation to species life history

and habitat needs to help identify triggers when proposed actions are likely to have an

effect on the species (even if it is beneficial). The questions function like a dichotomous

key where planners proceed through the questions until one of two conclusions is

reached:

i. No Effect and No adverse modification of critical habitat (where applicable)

When this determination is made, planners need to include any notes about the

project in the comments section supporting the determination and print the

completed worksheet. The comments are important for documenting the logic

behind your determination (e.g, forest species: The species and its habitat are

not supported in the project area because the proposed action occurs on active

cropland that is more than a mile away from forest habitats and will not result

in any offsite impacts or disturbance). Maintain a copy of the completed

worksheet in the conservation plan folder alongside the T&E Species List for

documentation of the effects determination made for each species. Then,

proceed with project.

ii. Potentially may affect. Go to (b).

b. Contact biologist to discuss the project

When this conclusion is reached, planners should contact the Oregon NRCS State Habitat

Biologist, Wetland Biologist, or Plant Material Specialist, FWS/NMFS specialists, or

other local biologists, to discuss the project. Biologists can help you determine if the

project may be adjusted to avoid effects or if proposed actions can be covered by a

5

previous consultation or rule (e.g., informal consultation, programmatic biological

opinion, 4(d) special rule). In some cases, it is possible to avoid effects by adjusting the

project design or changing the timing of implementation. For certain practices and

restoration purposes, existing programmatic consultations or special rules are available

that specify conservation measures that can be incorporated to minimize adverse effects.

If proposed actions can be modified or incorporate conservation measures from

existing programmatic consultations or special rules to avoid or minimize adverse

effects, then planners must incorporate appropriate criteria into practice design

and specifications and ensure they are adhered to through implementation.

Document outcome of discussion with specialist in the comments section of the

worksheet, print a completed sheet, and maintain a copy in the conservation plan

folder alongside the T&E Species List for documentation of the effects

determination made for each species. Then, proceed with project.

If proposed actions cannot be modified to avoid effects or incorporate

programmatic conservation measures to minimize effects, then planners must

complete a more detailed effects analysis following the Biological

Evaluation/Assessment (BE/BA) outline in order to initiate consultation with the

appropriate regulatory agencies (See Appendix D for the BE/BA outline and the

Additional Information section below).

Federal Candidate Species and State/Tribal Species of Concern

Prior to receiving formal ESA protection, species at-risk of becoming threatened in the future are

often identified as species of special concern through various state, tribal, and federal processes.

Specifically, NRCS policy requires that we use our authorities and programs to provide for the

conservation of federal candidate species and state/tribal species of concern protected by law or

regulation.

At the federal level, USFWS designates federal ‘candidate’ species that we must consider in

planning. These species have been determined to warrant ESA protection but are precluded from

being listed by other higher priority species and resource needs.

At the state level, Oregon has laws and administrative rules designed to proactively identify fish,

wildlife, and plant species of concern for conservation. Oregon law currently does not restrict

impacts to state listed species on private lands. Also, we currently do not have tribal species lists

requiring specific protective measures. However, NRCS policy does require that we at least

consider state/tribal species of concern protected by law or regulation during the planning

process. Planners should strive to conserve and enhance populations of these at-risk species as

much as possible to help preclude the need for additional regulatory protection in the future.

6

The T&E Species Report includes state-listed species under the purview of the Oregon

Department of Fish and Wildlife (ODFW) and the Oregon Department of Agriculture (ODA).

ODFW maintains Threatened and Endangered Species List for fish and wildlife, while ODA is

responsible for maintaining the state listed plant species.

For federal candidate species, NRCS will recommend only alternative conservation

treatments that will avoid or minimize adverse effects, and to the extent practicable,

provide long-term benefit to the species. Candidate species worksheets have been

developed to help planners document measures adopted. Complete species worksheet and

maintain a copy in the conservation plan folder alongside the T&E Species Report for

documentation of the effects determination made. Then, proceed with project.

For state-listed species of concern, planners must consider whether or not suitable habitat

for the species could exist, evaluate potential project impacts, and consider alternatives to

incorporate measures or best management practices to achieve a benign or beneficial

effect. Contact ODFW or ODA as needed for recommendations. Document any

considerations and measures incorporated into proposed project in the notes box on the

CPA-52, T&E Guide Sheet, Section 4, and proceed with project.

Essential Fish Habitat

The Magnuson-Stevens Act requires federal agencies to evaluate management decisions prior to

taking actions that may adversely affect Essential Fish Habitats (EFH) for anadromous fishes, as

designated by the act. If a planner determines that a federal action may adversely affect EFH,

NRCS must consult with NMFS. Upon consultation, the federal agency receives recommended

measures from NMFS (and potentially other fisheries councils) to reduce adverse effects to EFH.

The federal action agency must then respond to NMFS (and any other council that provided

comments) and indicate how the recommended measures will be incorporated into the

management action.

In most, but not all cases, actions that do not include in-stream work will not be considered to

have an adverse effect on EFH. Planners still must consider whether or not activities conducted

outside streams or other EFH waters may adversely affect them. The procedure for evaluating

So, what do we mean by “consider” state species of concern in project planning? For example,

let’s say you have a rare plant like a lupine that could occur in your area and you were planning to conduct juniper thinning. You read in the species description that the plant occurs in “open grasslands or sagebrush” and that the species could be threatened by succession to a woodland. You might conclude that your project could have long‐term beneficial effects on the plant population, but it could also have some short‐term adverse effects if downed trees smother lupines. To address this, you could build a best management practice or conservation measure that specifies slash will be treated and any piling be located in spots without lupine plants. With just a little thought, you have “considered” the state‐listed plant and have built a BMP into your project design that would avoid adverse effects and result in overall benefits to the species.

7

EFH is the same as that described for evaluating federally listed species above. Follow the

stepwise procedure and document how the determination was reached on the CPA-52 EFH

Guide Sheet and associated notes box.

If the planner determines the project will not have adverse effects (you may have

beneficial effects) on EFH, document the finding on the CPA-52 EFH Guide Sheet and

proceed with the project.

If the project has the potential to adversely affect EFH and the proposed actions cannot

be modified to avoid the adverse effects, planners must consult with NMFS on the

proposed action. Contact the State Wetlands Biologist for guidance on how to proceed.

ADDITIONAL INFORMATION

Interpreting Results of the T&E Species Report

The T&E Species Report is the product of a geospatial search

identifying element occurrences (‘populations’) from the

ORBIC database, and other available data sets, that overlap

with your buffered project area. ORBIC populations are based

on a database of species occurrences throughout the state and

by consulting with agencies, specialists, academics, and

citizen scientists.

The spatial template used to identify species occurrences is the

Public Land Survey (PLS) section(s) your project is located in

buffered to include the immediately surrounding sections (Venn Area, see figure to left). Species

recorded in the area are compiled on the T&E Species Report. Additionally, a table of T&E

plants to consider is generated from the overlap of known occurrences of a species within

counties and ecoregions.

It is important to keep in mind that results of this assessment serve as just one indicator to

planners that these species and their habitats may be present in the planning area. Since many

private lands have not been surveyed for at-risk species, local knowledge of at-risk species

habitat requirements and distribution should also be used to determine potential effects of the

planned actions. Even if a species is not listed on the T&E Report, further analysis may be

needed to determine if a species or its habitat occur in the project area. Developing relationships

with local partners is highly recommended to increase awareness of species needs in your work

area.

Writing a Biological Evaluation/Assessment (BE/BA) for detailed analyses

The BE/BA template outlines the type of information typically needed by the USFWS/NMFS to

begin the consultation process. By using the BE/BA form, the planner has an organized,

8

complete set of information with which to begin discussions with the appropriate agencies about

the effects of a project on the species in question. If through the informal consultation process it

is determined that a formal consultation is needed, the completed BE becomes the “Biological

Assessment” with some relatively minor additions. For more information on consultation, refer

to the National Environmental Compliance Handbook.

CONTACTS

Specialty NRCS Contact Title Phone Email

Wildlife Chris Hamilton State Biologist (503) 414-3209 [email protected]

Fish &

Amphibians

Chris Reidy State Wetland

Biologist

(503) 414-3274 [email protected]

Plants &

Butterflies

Kathy

Pendergrass

State Plant

Materials

Specialist


T&E Species

Report Requests

Anne Derting Program

Analyst


ORBIC Data,

CIS-Level

Requests

State GIS

Specialist

(503) 414-3015

Environmental

Compliance

Gary Diridoni State

Environmental

Compliance

Liaison

(503) 414-3092

[email protected]

RESOURCES

NRCS National Environmental Compliance Handbook – Detailed procedures for ESA

compliance. http://directives.sc.egov.usda.gov/viewerFS.aspx?hid=29823

FWS ECOS – Information on T&E species, critical habitat, etc.

http://crithab.fws.gov/ecos/home.action

Oregon FWS Species Fact Sheets – Information on Oregon's federally-listed and candidate

species. http://www.fws.gov/oregonfwo/promo.cfm?id=177175701

ODFW Wildlife Conservation Strategy – information on wildlife conservation priorities, GIS

data, etc. http://www.dfw.state.or.us/conservationstrategy/

Oregon Wildlife Explorer – species information, maps, etc.

http://www.oregonexplorer.info/Wildlife/

NRCS server – ‘F:/geodata/wildlife’ and ‘F:/geodata/ecological’ have shapefiles from

ODFW, USFWS, NMFS, and others that may be useful for planning

Oregon NRCS Biology Website – Biology Technical Notes on species and habitat, wildlife

partners, etc.

mailto:[email protected]




http://directives.sc.egov.usda.gov/viewerFS.aspx?hid=29823

http://crithab.fws.gov/ecos/home.action

http://www.fws.gov/oregonfwo/promo.cfm?id=177175701

http://www.dfw.state.or.us/conservationstrategy/

http://www.oregonexplorer.info/Wildlife/

9

http://www.nrcs.usda.gov/wps/portal/nrcs/detail/or/technical/ecoscience/?cid=nrcs142p2_04

5875

StreamNet – Fish Data for the Northwest http://www.streamnet.org/

**Best Federal and State Listed plant information:

http://www.oregon.gov/ODA/programs/PlantConservation/Pages/AboutPlants.aspx

Federal and State-listed plants that could be found in your county:

http://www.oregon.gov/ODA/programs/PlantConservation/Pages/ListedPlants.aspx

Rare Plant Guide of the Oregon Flora Project (be aware that they don’t have information for

all of the species here) - fact sheets and query by county and habitats

http://www.oregonflora.org/rareplants.php?#sr

The Oregon Biodiversity Information Center:

o Fact sheets http://orbic.pdx.edu/plants/view_plants2.php

USFWS Restoration Programmatic Consultations

o General: http://www.fws.gov/oregonfwo/toolsforlandowners/otherresources.asp

o CREP: http://www.fsa.usda.gov/Internet/FSA_File/crepbo2009final.pdf

APPENDICES

A. Biological Evaluation Process Flowchart

B. Species Effects Determination Worksheets

C. T&E Plant Survey Form

D. Biological Assessment/Evaluation (BA/BE) outline

http://www.nrcs.usda.gov/wps/portal/nrcs/detail/or/technical/ecoscience/?cid=nrcs142p2_04

http://www.streamnet.org/


http://www.oregon.gov/ODA/programs/PlantConservation/Pages/ListedPlants.aspx

http://www.oregonflora.org/rareplants.php?&sr

http://orbic.pdx.edu/plants/view_plants2.php

http://www.fws.gov/oregonfwo/toolsforlandowners/otherresources.asp

http://www.fsa.usda.gov/Internet/FSA_File/crepbo2009final.pdf

10

APPENDICES APPENDIX A. BIOLOGICAL EVALUATION PROCESS FLOWCHART ............................................................. 12

APPENDIX B. SPECIES EFFECTS DETERMINATION WORKSHEETS ............................................................. 13

Birds ............................................................................................................................................................ 13

Marbled Murrelet (Brachyramphus marmoratus) ............................................................................... 13

Northern Spotted Owl (Strix occidentalis caurina) ............................................................................. 14

Streaked Horned Lark (Eremophila alpestris strigata) ....................................................................... 15

Western Snowy Plover (Charadrius alexandrinus nivosus), Pacific coast population......................... 16

Yellow-Billed Cuckoo (Coccyzus americanus), Western population .................................................... 17

Mammals .................................................................................................................................................... 18

Canada Lynx (Lynx canadensis) ........................................................................................................... 18

Columbian White-Tailed Deer (Odocoileus virginianus leucurus), Columbia River population ........ 19

Gray Wolf (Canis lupus) ........................................................................................................................ 20

Red Tree Vole (Arborimus longicaudus), North Oregon Coast population........................................... 21

Amphibians ................................................................................................................................................. 22

Oregon Spotted Frog (Rana pretiosa) .................................................................................................. 22

Aquatic Invertebrates ................................................................................................................................. 23

Vernal Pool Fairy Shrimp (Branchinecta lynchi) ................................................................................ 23

Non-Anadromous Fishes ............................................................................................................................. 24

Borax Lake Chub (Gila boraxobius) .................................................................................................... 24

Foskett Speckled Dace (Rhinichthys osculus ssp.) ................................................................................ 25

Hutton Tui Chub (Gila bicolor ssp.) ..................................................................................................... 26

Lost River Sucker (Deltistes luxatus) ................................................................................................... 27

Shortnose Sucker (Chasmistes brevirostris) ......................................................................................... 28

Warner Sucker (Catostomus warnerensis) ........................................................................................... 29

Bull Trout (Salvelinus confluentus) ....................................................................................................... 30

Lahontan Cutthroat Trout (Oncorhynchus clarki henshawi) ............................................................. 31

Anadromous Fishes ..................................................................................................................................... 32

Chinook Salmon (Oncorhynchus tshawytscha) .................................................................................... 32

Chum Salmon (Oncorhynchus keta) Columbia River ........................................................................... 32

Coho Salmon (Oncorhynchus kisutch) Lower Columbia River ESU .................................................... 32

Steelhead Trout (Oncorhynchus mykiss) Snake River Basin ESU ........................................................ 32

All Plants and Butterflies – PLEASE READ ....................................................................................................... 34

Butterflies ................................................................................................................................................... 36

Fender’s Blue Butterfly (Icaricia icarioides fenderi)........................................................................... 36

Oregon Silverspot Butterfly (Speyeria zerene hippolyta ) ................................................................... 37

11

Taylor’s Checkerspot Butterfly (Euphydryas editha taylori) .............................................................. 38

Plants .......................................................................................................................................................... 39

McDonald's Rockcress (Arabis macdonaldiana) ................................................................................. 39

Applegate’s Milkvetch (Astragalus applegatei) .................................................................................... 40

Golden Paintbrush (Castelleja levisecta) ............................................................................................. 41

Willamette Daisy (Erigeron decumbens var. decumbens) ..................................................................... 42

Gentner’s Fritillary (Fritillaria gentneri) ............................................................................................. 43

Water Howellia (Howellia aquatica) .................................................................................................... 45

Western Lily (Lilium occidentalis) ........................................................................................................ 46

Large-flowered Wooly Meadowfoam (Limnanthes floccosa ssp. grandiflora) ................................... 47

Bradshaw’s Lomatium (Lomatium bradshawii) ................................................................................... 49

Cook’s Lomatium (Lomatium cookii) ................................................................................................... 50

Kincaid’s Lupine (Lupinus oreganus) ................................................................................................... 52

MacFarlane’s Four-o’clock (Mirabilis macfarlanei) ........................................................................... 53

Rough Popcornflower (Plagiobothrys hirtus) ....................................................................................... 54

Nelson’s Checker-mallow (Sidalcea nelsoniana) ................................................................................. 55

Spalding’s Catchfly (Silene spaldingii) ................................................................................................. 56

Malheur Wire-Lettuce (Stephanomeria malheurensis) ....................................................................... 57

Howell’s Spectacular Thelypody (Thelypodium howellii spp. spectabilis ).......................................... 58

APPENDIX C. T&E PLANT SURVEY FORM .................................................................................................. 59

APPENDIX D. BIOLOGICAL ASSESSMENT/EVALUATION (BA/BE) OUTLINE ............................................... 64

12

APPENDIX A. BIOLOGICAL EVALUATION PROCESS FLOWCHART

13

APPENDIX B. SPECIES EFFECTS DETERMINATION WORKSHEETS

Birds

Marbled Murrelet (Brachyramphus marmoratus)

Status: Threatened, Designated Critical Habitat

Species Profile: http://www.fws.gov/oregonfwo/Species/Data/MarbledMurrelet/

1. Is the project located within 0.5 mi of conifer forest?

No ☐ No Effect

Yes ☐ If yes, go to 2

2. Is there suitable nesting habitat, designated Critical Habitat, or a known nest site within 0.25 mi of the

project vicinity?

a. For designated Critical Habitat, refer to USFWS maps: http://crithab.fws.gov/crithab/ b. For information on nest sites, contact Oregon Department of Forestry for private lands and

the appropriate public land management agency (BLM/USFS) when project area is adjacent

to public lands.

c. Attributes of potentially suitable nesting habitat are listed below. Assess the area to determine

if any of these habitat features are likely to exist. Not all attributes need to be present to

constitute suitable habitat.

Characteristics of suitable nesting habitat:

Conifer forests with old growth characteristics

Dense shady forests with large trees (>30” DBH)

Trees with large branches or deformities for use as nest platforms

No ☐ If no to all: No Effect; No adverse modification of critical habitat. For projects located

on forestland: describe in the comments below the stand composition, age, and density

information to document that suitable habitat not present in project area. Maintain a record of the

results of consultation on known nest sites in the plan folder.

Yes☐ If yes to any, go to 3

3. Will the project involve any activities affecting vegetation or be conducted during the breeding period

April 1 – September 15?

No ☐ If no to both: No Effect; No adverse modification of critical habitat. For projects located on

forestland: describe in the comments below the stand composition, age, and density information to

document that suitable habitat not present in project area. Maintain a record of coordination with

other agencies on known nest sites in the plan folder.

Yes ☐ If yes to either: Contact USFWS or NRCS Biologist to discuss project.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/MarbledMurrelet/

http://crithab.fws.gov/crithab/

14

Northern Spotted Owl (Strix occidentalis caurina)

Status: Threatened, Designated Critical Habitat

Species Profile: http://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/

1. Is the project located within 0.5 mi of conifer forest?

No ☐ No Effect


2. Is there suitable nesting, roosting, or foraging (NRF) habitat, designated Critical Habitat, or a known

nest site within 0.25 mi of the project area?

a. For designated Critical Habitat, refer to USFWS maps: http://crithab.fws.gov/crithab/

b. For information on nest sites, contact Oregon Department of Forestry for private lands and

the appropriate public land management agency (BLM/USFS) when project area is adjacent

to public lands.

c. Attributes of potentially suitable NRF habitat are listed below. Assess the area to determine if

any of these habitat features are likely to exist. Not all attributes need to be present to

constitute suitable NRF habitat, but the bold characteristics must be present.

Characteristics NRF habitat (only bold features required):

Moderate-to-high canopy closure (>60%)

Large overstory trees (>20” DBH)

Multi-layered, multi-species canopy High incidence of large trees with deformities (e.g., large cavities, broken tops, mistletoe,

decadence)

Large snags and lots of downed wood

Open space below canopy to allow flight

Average stand age >40 yrs old

No ☐ If no to all, No Effect; No adverse modification of critical habitat. For projects located


information to document that suitable habitat not present in project area. Maintain a record

of the results of consultation on known nest sites in the plan folder.

Yes ☐ If yes to any, go to 3

3. Will the project involve any activities affecting vegetation or be conducted during the breeding period

March 1 – September 30?

No ☐ If no to both: No Effect; No adverse modification of critical habitat. For projects located


information to document that suitable habitat not present in project area. Maintain a record

of coordination with other agencies on known nest sites in the plan folder.

Yes ☐ If yes to either: Contact USFWS or NRCS Biologist to discuss project.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/NorthernSpottedOwl/


15

Streaked Horned Lark (Eremophila alpestris strigata)

Status: Threatened with Designated Critical Habitat

Species Profile:

http://www.fws.gov/oregonfwo/Species/Data/StreakedHornedLark/

Streaked Horned Lark Habitat Characteristics: http://cascadiaprairieoak.org/wp-

content/uploads/2015/04/Streaked-horned-lark-habitat-characteristics_April-

2015.pdf

1. Is the project located within or adjacent to designated Critical Habitat (refer to USFWS maps:

http://crithab.fws.gov/crithab/)?

No ☐ No adverse modification of critical habitat. Proceed to 2

Yes ☐ Contact USFWS or NRCS Biologist to discuss project.

2. Conduct assessment of the project area to determine if suitable habitat could be present (refer to

publication above: Streaked Horned Lark Habitat Characteristics). Is the project area likely to

support streaked horned larks?

Key Habitat Characteristics in Willamette Valley (adapted from Anderson and Pearson 2015)

Landscape

Context

Typically situated in large agricultural areas or fields adjacent to open water

with little-to-no continuous vertical structures (trees or buildings) bisecting

the landscape. Relatively flat or rolling topography

Sites Within suitable landscapes, larks select sites with open and largely treeless

expanses of herbaceous cover and bare ground. Majority of occupied sites are

>100 ac in size (minimum 48 ac)

Habitat Patch Within suitable sites, larks select large patches dominated by grasses, forbs

and bare ground (un-vegetated soil or gravel). Although most occupied sites

are virtually treeless, there are some sites that do have clumped or very widely

dispersed trees. In general, all sites have <5% tree canopy cover total

Occupied Site

Examples

Airports, agriculture fields (e.g., grass seed, mint, clover, and other fields with

appropriate structure) and associated roadways (secondary and tertiary roads),

wet prairie restoration sites, vernal pools, and industrial sites

No ☐ No Effect


3. Will the project involve any activities affecting vegetation, bare ground, or roadways? Will the

project be implemented during the breeding period April 15 – September 15?

No ☐ If no to all: No effect

Yes ☐ If yes to any: Contact USFWS or NRCS Biologist to discuss project.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/StreakedHornedLark/

http://cascadiaprairieoak.org/wp-

http://crithab.fws.gov/crithab/)

16

Western Snowy Plover (Charadrius alexandrinus nivosus), Pacific coast population


Species Profile: http://www.fws.gov/oregonfwo/Species/Data/WesternSnowyPlover/

1. Will the activity occur within 0.5 mi of sand beaches, islands, or coastal dunes?

No ☐ No Effect; No adverse modification of critical habitat


2. Is there an occupied nesting area or designated Critical Habitat within 0.25 mi of the project vicinity?

a. For designated Critical Habitat, refer to USFWS maps: http://crithab.fws.gov/crithab/

b. Occupied nesting areas include:

Sutton/Baker Beach (Lane County)

Siltcoos Estuary (Lane County)

Oregon Dunes Overlook (Douglas County)

Tahkenitch Estuary (Douglas County)

Tenmile Estuary (Coos County)

Coos Bay North Spit (Coos County)

New River Spit (Coos/Curry County)

Bandon State Natural Area (Coos County)

Bayocean Spit (Tillamook County)

No ☐ No Effect; No adverse modification of critical habitat


COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/WesternSnowyPlover/


17

Yellow-Billed Cuckoo (Coccyzus americanus), Western population

Status: Threatened

Species Profile: http://www.fws.gov/oregonfwo/Species/Data/YellowBilledCuckoo/

1. Will the project have direct or indirect (within 200 ft) impacts on a riparian area?

No ☐ No Effect


2. Does the riparian area currently support dense willow or cottonwood galleries or could it in the

future?

No ☐ No Effect


3. Will the project include vegetation manipulation, affect woody vegetation growth, or be conducted

during the primary nesting season (June-July)?

No ☐ No Effect


COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/YellowBilledCuckoo/

18

Mammals

Canada Lynx (Lynx canadensis)

Status: Threatened with no Designated Critical Habitat in Oregon Species

Profile: http://www.fws.gov/oregonfwo/Species/Data/CanadaLynx/

1. Will the project affect vegetation in high elevation montane, coniferous forest?

No ☐ No Effect


2. Is the project located within 0.25 mi of a known active den? (If unsure, contact USFWS)

No ☐ No Effect


COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/CanadaLynx/

19

Columbian White-Tailed Deer (Odocoileus virginianus leucurus), Columbia River population

Status: Endangered

Species Profile: http://www.fws.gov/oregonfwo/Species/Data/ColumbianWhiteTailedDeer/

1. Will the activity occur within 0.25 miles of known Columbian white-tailed deer populations or within

1000 feet of permanent woody cover?

No ☐ No Effect


2. Will the activity result in changes in land use or construction of new buildings, roads, or similar

infrastructure?

No ☐ If no, go to 3


3. Will the activity involve fence construction or vegetation removal?

No ☐ No Effect


4. Can the following best management practices be adopted to avoid adverse effects?

BMPs:

Noise and activity levels associated with project implementation will not rise above ambient

conditions in fawning areas from June 1 to July 15

All new fences will be constructed according to wildlife-friendly standards with < 42” maximum

height to facilitate deer movement

Vegetation removal is temporary and is done to facilitate planting or recovery of grasses, forbs,

shrubs or trees preferred by deer

Herbicide formulations that may have toxic effects to deer fawns by any mode of direct or

indirect transmission or contact will not be used from June 1 to July 15

Yes ☐ No Effect. Incorporate the BMPs into practice design and

specifications.

No ☐ Contact USFWS or NRCS Biologist to discuss project.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/ColumbianWhiteTailedDeer/

20

Gray Wolf (Canis lupus)

Status: Endangered

Species Profile: http://www.fws.gov/oregonfwo/Species/Data/GrayWolf/

1. Is the project located in an area with a recent (<10

years) wolf occurrence documented in the watershed?

No ☐ No Effect


2. Is the project located within 1 mile of a known active

den or rendezvous site?

No ☐ No Effect

Yes ☐ Contact USFWS or NRCS Biologist

to discuss project.

COMMENTS:

Wolves east of this line have been delisted. Wolves west of the line are federally listed.

http://www.fws.gov/oregonfwo/Species/Data/GrayWolf/

21

Red Tree Vole (Arborimus longicaudus), North Oregon Coast population

Status: Candidate

Species Profile: http://www.fws.gov/oregonfwo/Species/Data/RedTreeVole/

1. Is the project located within conifer forest?

No ☐ No Adverse Effect


2. Is the average stand age >80 years old?

No ☐ No Adverse Effect


3. Will the project involve vegetation manipulation or ground-disturbing activities?

No ☐No Adverse Effect. For projects located on forestland: describe in the comments below the

stand composition, age, and density information to document that suitable habitat not present

in project area.

Yes ☐Contact NRCS Biologist to discuss project and develop alternatives to avoid, minimize

or mitigate potential adverse effects. Document considerations and alternative measures

on CPA-52 E&T Documentation Guide.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/RedTreeVole/

22

Amphibians

Oregon Spotted Frog (Rana pretiosa)

Status: Threatened with Proposed Critical Habitat

Species Profile: https://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=D02A

1. Is the project located in or adjacent to water courses, ponds, lakes, and/or wetland habitats (including

springs and seeps) in one of the following counties where Oregon Spotted Frog is known to occur?

Deschutes Jackson Klamath Lane Wasco

No ☐ No Effect


2. Is the project location at or above 1,025 meters (3,363 feet) in elevation?

No ☐ No Effect


3. Will the project include manipulation of hydrology, vegetation (including chemical/mechanical

treatments and/or planting), or soils that has the potential of altering shade or detritus inputs, or

introducing pesticides or sediment to water bodies where Oregon Spotted Frog has the potential to

occur?

No ☐ No Effect

Yes ☐ Contact USFWS or the NRCS State Wetlands Biologist for assistance.

COMMENTS:

23

Aquatic Invertebrates

Vernal Pool Fairy Shrimp (Branchinecta lynchi)


Species Profile: https://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=K03G

1. Is the project located in or adjacent to seasonal wetlands that fill with water during fall and winter

rains and dry up in spring and summer (vernal pools) in the Agate Desert or Table Rocks areas of

Jackson County, north of Medford, OR?

No ☐ No Effect


2. Will the project include direct or indirect manipulation of vernal pool hydrology (e.g. diversions),

vegetation (including chemical/mechanical treatments and/or planting), or soils? Note: If project

includes conversion of grazing lands to another form of agricultural use check “Yes.”



COMMENTS:

24

Non-Anadromous Fishes

Borax Lake Chub (Gila boraxobius)

Status: Endangered with Designated Critical Habitat

Species Profile: http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E027

1. Is the project located in or adjacent to Borax Lake or its associated wetland habitats in the Alvord

Basin, Harney County, Oregon?

No ☐ No Effect


2. Will the project create the potential for construction equipment or installed components to have

direct contact with any life stage of listed fishes?



3. Will the project include bank stabilization, sediment/substrate removal/augmentation, large wood

placement, wetland manipulations, or other in-water activity?



4. Does the potential for stranding listed fish exist either during construction activities or as a result of

the implemented activity?



5. Will the project include manipulation of hydrology (e.g. pumps, diversions, etc.), vegetation

(including chemical/mechanical treatments, grazing, and/or planting), or soils that has the potential

of altering shade or detritus inputs, or introducing pesticides or sediment to water bodies where

listed fish are known to occur?

No ☐ No Effect


COMMENTS:

http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E027

25

Foskett Speckled Dace (Rhinichthys osculus ssp.)

Status: Threatened without Critical Habitat

Species Profile: http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E03D

1. Is the project located in or adjacent to the waters and/or wetland habitats associated with Foskett

Springs in the Coleman subbasin, Lake County, Oregon?

No ☐ No Effect


















No ☐ No Effect


COMMENTS:

http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E03D

26

Hutton Tui Chub (Gila bicolor ssp.)


Species Profile: http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E02S

1. Is the project located in or adjacent to the waters and/or wetland habitats associated with Hutton

Springs in the Alkali subbasin, Lake County, Oregon?

No ☐ No Effect


















No ☐ No Effect


COMMENTS:

http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E02S

27

Lost River Sucker (Deltistes luxatus)



1. Is the project located in or adjacent to lakes, wetland habitats (including springs), or streams of the

Upper Klamath Lake, Tule Lake, or Clear Lake drainages in Klamath County where the Lost River

Sucker is known to occur?

No ☐ No Effect


















No ☐ No Effect


COMMENTS:


28

Shortnose Sucker (Chasmistes brevirostris)



1. Is the project located in or adjacent to lakes, wetland habitats (including springs), or streams in

Klamath or Lake counties where the Shortnose Sucker is known to occur?

No ☐ No Effect


















No ☐ No Effect


COMMENTS:


29

Warner Sucker (Catostomus warnerensis)



1. Is the project located in or adjacent to the lakes, sloughs, potholes, or wetland habitats in Lake

County where the Warner Sucker is known to occur?

No ☐ No Effect


















No ☐ No Effect


COMMENTS:


30

Bull Trout (Salvelinus confluentus)



1. Is the project located in or adjacent to water courses, ponds, lakes, and/or wetland habitats (including

springs and seeps) or adjacent to a headwater or major tributary stream of the Columbia, Snake, or

Willamette, Klamath Rivers in one of the following Counties?

Clackamas Crook Deschutes Gilliam Grant Harney Hood

River Jefferson

Klamath Lake Lane Linn Malheur Multnomah Umatilla Union

Wallowa Wasco Wheeler

No ☐ No Effect


2. Will the project create the potential for construction equipment or installed components to have direct

contact with any life stage of listed anadromous fishes?



3. Will the project include bank stabilization, stream crossings, bridge construction, channel

manipulations, sediment/substrate removal/augmentation, large wood placement, or other in-stream

activity?








(including chemical/mechanical treatments, grazing, and/or planting), or soils that has the potential of

altering shade or detritus inputs, or introducing pesticides or sediment to water bodies where listed

fish are known to occur?

No ☐ No Effect


COMMENTS:


31

Lahontan Cutthroat Trout (Oncorhynchus clarki henshawi)


Species Profile: http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E00Y

1. Is the project located in or adjacent to Willow Creek, Whitehorse Creek, Little Whitehorse Creek,

Doolittle Creek, or Fifteen Mile Creek (from the Coyote Lake Basin) in Harney or Malheur

Counties?

No ☐ No Effect



direct contact with any life stage of listed anadromous fishes?




manipulations, sediment/substrate removal/augmentation, large wood placement, or other in- stream

activity?











No ☐ No Effect


COMMENTS:

http://ecos.fws.gov/tess_public/profile/speciesProfile.action?spcode=E00Y

32

Anadromous Fishes

Chinook Salmon (Oncorhynchus tshawytscha) Lower Columbia River ESU

Status: Threatened

Snake River fall-run ESU

Status: Threatened

Snake River spring/summer-run ESU

Status: Threatened

Upper Willamette River ESU

Status: Threatened

Species profile: http://www.fisheries.noaa.gov/pr/species/fish/chinook-salmon.html

Chum Salmon (Oncorhynchus keta) Columbia River Status: Threatened

Species profile: http://www.fisheries.noaa.gov/pr/species/fish/chum-salmon.html

Coho Salmon (Oncorhynchus kisutch) Lower Columbia River ESU Status: Threatened Oregon

Coast ESU

Status: Threatened

Southern OR & Northern CA coast ESU Status:

Threatened

Species profile: http://www.fisheries.noaa.gov/pr/species/fish/coho-salmon.html

Steelhead Trout (Oncorhynchus mykiss) Snake River Basin ESU Status: Threatened Middle

Columbia River ESU

Status: Threatened Lower

Columbia River ESU

Status: Threatened Upper

Willamette River ESU

Status: Threatened

Species profile: http://www.fisheries.noaa.gov/pr/species/fish/steelhead-trout.html

http://www.fisheries.noaa.gov/pr/species/fish/chinook-salmon.html

http://www.fisheries.noaa.gov/pr/species/fish/chum-salmon.html

http://www.fisheries.noaa.gov/pr/species/fish/coho-salmon.html

http://www.fisheries.noaa.gov/pr/species/fish/steelhead-trout.html

33

1. Is the project located in or adjacent to water courses, where listed anadromous fishes are known to

occur?

Note: If you are not sure, contact local ODFW or NMFS Fisheries Biologist for assistance.

No ☐ No Effect


2. Will the project create the potential for construction equipment or installed components to have direct

contact with any life stage of listed anadromous fishes?


Yes ☐ Contact NMFS or the NRCS State Wetlands Biologist for assistance.


manipulations, sediment/substrate removal/augmentation, large wood placement, or other in-stream

activity?








(including chemical/mechanical treatments, grazing, and/or planting), or soils that has the potential of

altering shade or detritus inputs, or introducing pesticides or sediment to water bodies where listed

fish are known to occur?

No ☐ No Effect


COMMENTS:

34

All Plants and Butterflies – PLEASE READ

Oregon currently provides habitat to 17 Federally-listed and 42 State-listed plant species (hereto, when

combined, referred to as “at-risk” plants). Three Federally-listed butterflies occur within Oregon. To

comply with the Endangered Species Act and NRCS policy, consideration of effects on these at-risk

species is required prior to project implementation. We should strive to not only minimize impacts but to

improve habitat conditions for these at-risk species during NRCS conservation activities.

You may receive several documents related to plants and butterflies in response to your T&E Species

request:

A TABLE, that lists Federal and State-listed plant species that you need to consider during the

planning process. This TABLE is typically generated from the overlap (or Venn area) of the

county and ecoregion where plants are known to occur. In some instances, we have developed a

narrower species range than the county and ecoregion overlap. These narrower boundaries have

generally been incorporated into the query for the T&E Species Report.

A SPREADSHEET that indicates known site information (from the Oregon Biodiversity

Information Center Database) for at-risk plants, animals (including butterflies), and fish which

may be close to your project site (within a mile).

You might also be alerted to CRITICAL HABITAT that occurs at or near your project site.

If a Federally-listed, Federal proposed or Federal candidate plant or butterfly is returned in Table or

Spreadsheet formats, you MAY need to conduct an appropriately-timed field survey to determine

presences/absence of the plant, plants that the butterfly relies upon, and/or the butterfly. Read the

disclaimers below and complete the effects determination sheet for that species to determine whether you

need to conduct a field survey. Field surveys are only required for Federally-listed plants and/or

butterflies (not State-listed plants). Note: Field surveys should generally occur during the bloom timing

specific to each species. Bloom time for a species can vary greatly even across relatively small distances

within a species range and from year to year. The best strategy is to check a known plant location

(reference site or refer to local experts) for bloom timing and conduct surveys for your project area

during that same period. If habitat appears to be evident at a site and no nearby reference sites are

available, it would be best to survey a couple of times during the general bloom period at about two week

intervals.

If you receive a State-listed plant species in your response, and if no “disclaimers” (below) apply, you

should review the species description information here:

http://www.oregon.gov/ODA/programs/PlantConservation/Pages/AboutPlants.aspx and first determine if

your project area has any habitat similar to that described for the species. If there is no suitable habitat,

note that in Section 4 of the CPA-52 T&E guide-sheet, and proceed with your project. If suitable habitat

is present, prepare a brief analysis of potential effects of proposed project activities on the species and

document this in the comment area of Section 4 of the CPA-52 T&E guide sheet (if it won’t fit in the

space provided, write it and attach to the CPA-52). A field survey is not required for State-listed

plants.

Critical Habitat

If you receive a response that your project overlays critical habitat for any plant or butterfly

species, you will need to prepare a Biological Evaluation document and determine project effects on

the species’ Critical Habitat. If no adverse modification will occur to Critical Habitat, you may be

able to proceed with your project if you will also have no effects on the species. Most likely you will

need to write a Biological Evaluation/Assessment with help from your Plant Material Specialist and

she will consult with US Fish and Wildlife Service on the project.


35

Disclaimers:

No at-risk plants occur in farm fields that are regularly tilled or sprayed to remove non-crop

species. Note these areas as unsuitable habitat for listed plants on the Plant Survey Form. You

may need to survey the edges of fields and areas that are not cropped or sprayed, particularly in

"wild areas" with native plant communities. If all of your project area is comprised of regularly

tilled and/or sprayed areas, conclude a "No Effect" for T&E plants and note this on the T&E tab

of the CPA-52.

No at-risk plant or butterfly species currently occur within complete-canopy conifer forests with

dense shade in the understory (Figures 1 and 2). No surveys for T&E plants or butterfly plants are

needed in these habitats; you can note these areas as unsuitable habitat on the Plant Survey Form.

Many at-risk species do occur in more open woodlands with partial shade, particularly of

deciduous woodlands. If all of your project area is comprised of densely-shaded conifer forest,

conclude a "No Effect" for at-risk plants and/or butterflies and note this on the T&E tab of the

CPA-52. Open woodland edges and openings may need to be surveyed for Federally-listed plants

and butterfly host plants.

Figures 1 and 2. Dense, dark stands of conifer trees (ferns might grow but generally few grasses or

forbs) will not contain any federal or state-listed plants or butterflies.

36

Butterflies

Fender’s Blue Butterfly (Icaricia icarioides fenderi)

Status: Federal Endangered with Designated Critical Habitat

Species Profile: https://www.fws.gov/oregonfwo/Species/Data/FendersBlueButterfly/

Species Recovery Plan (2010): http://ecos.fws.gov/docs/recovery_plan/100629.pdf

Critical Habitat Listing (2006): Designation of Critical Habitat for the Fender's blue butterfly (Icaricia

icarioides fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var.

decumbens (Willamette daisy): Final rule.

1. Are there open woodlands or meadows/grasslands within the project area?

No ☐ No Effect – no suitable habitat for the species.


2. An appropriately-timed (Mid-May through June) field visit will be needed to survey for the larval host

plants; Kincaid’s (Lupinus oreganus), Spurred (Lupinus arbustus), or Sickle-keeled lupine (Lupinus

albicaulis). During site visits, flag any lupine plants that are encountered prior to or after flower

bloom period, so these plants can be revisited at appropriate timing to determine species. This guide

will help in species identification:

http://www.nrcs.usda.gov/Internet/FSE_PLANTMATERIALS/publications/orpmstn9821.pdf

Do any of the three host plants occur in the project area? Complete and attach the T&E Plant Survey

form to this page and with the CPA-52.

No ☐ No Effect


3. Can a butterfly expert be scheduled to visit the site to survey for Fender’s blue butterfly and during

the spring/summer flight season (May-June) to determine whether the butterfly is present?

No ☐ If no, Assume butterfly is present and go to 5

Yes ☐ If yes, conduct butterfly survey, go to 4

4. Is Fender’s blue butterfly utilizing the potential host plants at the site? No ☐ No Effect

(provided that Kincaid’s lupine is not present, if this species is present, refer to the Effects

Determination Sheet for Kincaid’s lupine).


5. Contact USFWS or the NRCS State Plant Material Specialist to determine need for consultation. It

may be possible to modify practice design to have no effect. Document outcome of coordination and

any measures incorporated into practices in comments below.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/FendersBlueButterfly/

http://ecos.fws.gov/docs/recovery_plan/100629.pdf

http://www.nrcs.usda.gov/Internet/FSE_PLANTMATERIALS/publications/orpmstn9821.pdf

37

Oregon Silverspot Butterfly (Speyeria zerene hippolyta )

Status: Federal Threatened with Designated Critical Habitat

Species Profile: https://www.fws.gov/oregonfwo/Species/Data/OregonSilverspotButterfly/

Species Recovery Plan (2001):

http://www.fws.gov/pacific/ecoservices/endangered/recovery/silverspot/default.htm

Critical Habitat Listing (2008): http://ecos.fws.gov/docs/federal_register/fr432.pdf (slow link)

5-Year Review (2011): http://ecos.fws.gov/docs/five_year_review/doc3967.pdf

1. Is your project located within ten miles of the Oregon Coastline and does the area contain open

coastal prairies/balds, meadows, dunelands or open shrublands?

No ☐ No Effect - outside of the habitat and/or range of the species’ distribution


2. An appropriately-timed (mid-April to mid-May) field visit will be needed to survey for the larval host

plant; early blue violet (Viola adunca).

Does early blue violet occur in the project area? Complete and attach the T&E Plant Survey form to

this page and with the CPA-52.

No ☐ No Effect


3. Can a butterfly expert be scheduled to visit the site to survey for Oregon silverspot butterfly and

during the spring/summer flight season (mid-July to September) to determine whether the butterfly is

present?

Yes ☐ If yes, conduct butterfly survey, go to 4

No ☐ If no, Assume butterfly is present and go to 5

4. Is Oregon silverspot butterfly utilizing the violet plants (e.g. present) at the site?

No ☐ If no, go to 5.


5. Is NRCS planning to assist a landowner such that practices would affect nectaring plants of the

Oregon Silverspot butterfly, including; Canada goldenrod (Solidago canadensis), dune goldenrod

(Solidago spathulata), California aster (Aster chilensis), pearly everlasting (Anaphalis margaritacea),

dune thistle (Cirsium edule), or yarrow (Achillea millefolium)?

No ☐ No Effect.


6. Contact USFWS or the NRCS State Plant Material Specialist to determine need for consultation. It

may be possible to modify practice design to have no effect. Document outcome of coordination and

any measures incorporated into practices in comments below.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/OregonSilverspotButterfly/

http://www.fws.gov/oregonfwo/Species/Data/OregonSilverspotButterfly/

http://www.fws.gov/pacific/ecoservices/endangered/recovery/silverspot/default.htm

http://ecos.fws.gov/docs/federal_register/fr432.pdf

http://ecos.fws.gov/docs/five_year_review/doc3967.pdf

38

Taylor’s Checkerspot Butterfly (Euphydryas editha taylori)


Species Profile: https://www.fws.gov/oregonfwo/Species/Data/TaylorsCheckerspot/


Critical Habitat (2013): http://www.gpo.gov/fdsys/pkg/FR-2013-10-03/pdf/2013-23552.pdf

There is only one extant location for this species in Oregon, near Corvallis. If you receive this species

from your T&E Species Request, you should contact USFWS or the NRCS State Plant Materials

Specialist to determine need for consultation. The larval host plant, linear-leaf plantain (Plantago

lanceolata), is extremely widespread and likely to occur on any site. It may be possible to modify the

practice design to have no effect. Document outcome of coordination and any measures incorporated into

practices in comments below.

COMMENTS:

http://www.fws.gov/oregonfwo/Species/Data/TaylorsCheckerspot/


http://www.gpo.gov/fdsys/pkg/FR-2013-10-03/pdf/2013-23552.pdf

39

Plants

McDonald's Rockcress (Arabis macdonaldiana)

Status: Federal Endangered without Critical Habitat

Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/

PlantConservation/ArabisMacdonaldianaProfile.pdf

Recovery Plan (1984): http://ecos.fws.gov/docs/recovery_plan/840228.pdf


1. Is the project located in the Siskiyou Mountains of Curry and Josephine Counties on serpentine soils

(high in magnesium, iron, and certain toxic metals), in dry, open woods or brushy slopes, and below

5,900 feet?

No ☐ No Effect - outside of the habitat and/or range of the species’ distribution


2. A field survey should be conducted to determine if the plant is present. Survey for this plant during

its bloom period, May through June.

Were plants found during an appropriately-timed survey? Complete and attach the T&E Plant Survey


No ☐ No Effect


3. Contact USFWS or the NRCS State Plant Material Specialist for assistance. It may be possible to

adjust timing of practice installation outside the growing season or modify practice design to avoid

impacts and result in no effect. Document outcome of coordination and any measures incorporated

into practices in comments below.

COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ArabisMacdonaldianaProf

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ArabisMacdonaldianaProf



40

Applegate’s Milkvetch (Astragalus applegatei)


Species Profiles: http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/AstragalusApplegateiProfile.pdf

http://klamathbasinnps.com/Resources/Documents/Applegates%20Milk-

Vetch%20Presentation%20Dec%202013.pdf

Recovery Plan (1998): http://ecos.fws.gov/docs/recovery_plan/980410d.pdf

5-Year Review (2009): http://ecos.fws.gov/docs/five_year_review/doc2380.pdf - page 25 shows extinct

of populations

1. Is the project located within 10 miles of Klamath Falls, Oregon and on lowland moist, alkali soils

within the Klamath River floodplain, (elevation approximately 4,100 feet)?

No ☐ No Effect



its bloom period, June through July.

Were plants found during an appropriately-timed survey? Complete and attach the T&E Plant

Survey form to this page and with the CPA-52.

No ☐ No Effect






COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/AstragalusApplegateiProfile.pdf

http://klamathbasinnps.com/Resources/Documents/Applegates%20Milk-

http://ecos.fws.gov/docs/recovery_plan/980410d.pdf


41

Golden Paintbrush (Castelleja levisecta)

Status: Federal Threatened without Critical Habitat

Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/CastillejaLevisectaProfile

.pdf

Recovery Plan (2010): Final Recovery Plan for the Prairie Species of Western Oregon and Southwestern

Washington


1. Are there open woodlands, meadows/grasslands or gravelly riparian habitats within the project

area? This species is currently thought extirpated in Oregon – the only bright yellow paintbrush

known to occur in Willamette Valley. New populations have been introduced at several Oregon

National Wildlife Refuges and private sites.

No ☐ No Effect



its bloom period, late April to early June.



No ☐ No Effect






COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/CastillejaLevisectaProfile.pdf

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/CastillejaLevisectaProfile.pdf


42

Willamette Daisy (Erigeron decumbens var. decumbens)


Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ErigeronDecumbensProfi

le.pdf


Critical Habitat (2006): Designation of Critical Habitat for the Fender's blue butterfly (Icaricia icarioides

fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens

(Willamette daisy): Final rule.

5-Year Review: http://ecos.fws.gov/docs/five_year_review/doc3357.pdf


No ☐ No Effect – no suitable habitat.


2. A field survey should be conducted to determine if the plant is present. Survey for this plant during its bloom

period, June through early July.

Were plants found during an appropriately-timed survey? Complete and attach the T&E Plant Survey form to


No ☐ No Effect


3. Contact USFWS or the NRCS State Plant Material Specialist for assistance. It may be possible to adjust timing

of practice installation outside the growing season or modify practice design to avoid impacts and result in no

effect. Document outcome of coordination and any measures incorporated into practices in comments below.

COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ErigeronDecumbensProfile.pdf

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ErigeronDecumbensProfile.pdf



43

Gentner’s Fritillary (Fritillaria gentneri)

Status: Federal Endangered without Critical Habitat Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/FritillariaGentneriProfile.pdf

Recover Plan (2003) with Table and photos to assist in differentiating the co-occurring Fritillaries on pages 4-5:

http://www.fws.gov/pacific/ecoservices/endangered/recovery/documents/GentnersFritillaryFinalRecoveryPlan.pdf

5-Year Review (2016): Gentner's Fritillary 2016 Five-year Review

1 . Is your project located within the boundaries of the yellow-shaded area?

No ☐ No Effect - outside of the range of the species’ distribution


2. Are there riparian areas, open woodlands, chaparral or meadows within the

project area?




its bloom period, late March to early April (plant must be flowering to determine to species!).

During site visits, you might flag any fritillary plants that are encountered prior to or after flower

bloom period, so these plants can be revisited at appropriate timing to determine species.

A field survey should be conducted to determine if the plant is present. Survey for this plant during

its bloom period, late March to early April (plant must be flowering to determine to species). If a

survey is conducted outside of the bloom period (but at least during the active growth period of the

species), any fritillary plants encountered can be assumed to be Gentner’s Fritillary or revisited to be

positively identified.

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/FritillariaGentneriProfile.pdf

http://www.fws.gov/pacific/ecoservices/endangered/recovery/documents/GentnersFritillaryFinalRecoveryPlan.pdf

44



No ☐ No Effect






COMMENTS:

45

Water Howellia (Howellia aquatica)

Status: Federal Threatened without Critical Habitat

Species Profiles: http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/HowelliaAquatilisProfile.pdf

http://www.fws.gov/wafwo/species/Fact%20sheets/Waterhowellia_factsheet.pdf

Recovery Plan (1996): Water Howellia (Howellia aquatilis) Recovery Plan, Public and Agency Review Draft

5-Year Review (2013): Water howellia (Howellia aquatilis) 5-Year Review

1. Are deep vernal pools, ponds or sloughs found within the project area? Observation of these

habitat features can occur at any time in the year.

No ☐ No Effect



its bloom period, June through July.



No ☐ No Effect






COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/HowelliaAquatilisProfile.pdf

http://www.fws.gov/wafwo/species/Fact%20sheets/Waterhowellia_factsheet.pdf

46

Western Lily (Lilium occidentalis)


Species Profiles:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LiliumOccidentaleProfile.pdf

http://www.fws.gov/arcata/es/plants/westernLily/lily.html

http://www.rareplants.cnps.org/detail/977.html

Recovery Plan (1998): Final Recovery Plan for the Endangered Western Lily (Lilium occidentale)

5-Year Review (2009): Western Lily 5-Year Review

1. Is the project located within 4 miles of the Oregon Coastline?

No ☐ No Effect - outside of the range of the species’

distribution


2. Are there any freshwater fens, bogs, coastal prairie, scrublands or open spruce woods or transitions

between these habitats within the project area?

No ☐ No Effect, no suitable habitat


3. A field survey should be conducted to determine if the plant is present. Survey for this plant during its

bloom period, mid-June through July. During site visits, you might flag any Lilium plants that are

encountered prior to or after flower bloom period, so these plants can be revisited at appropriate

timing to determine species.



No ☐ No Effect






COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LiliumOccidentaleProfile.pdf

http://www.fws.gov/arcata/es/plants/westernLily/lily.html



47

Large-flowered Wooly Meadowfoam (Limnanthes floccosa ssp. grandiflora)


Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LimnanthesFloccosaGran

difloraProf ile.pdf


http://ecos.fws.gov/docs/recovery_plan/Rogue&Illinois%20Valley%20Final%20Recovery%20Plan%20

031913.pdf

1. Is your project located in or around the Agate Desert in the vicinity of Eagle Point and White City,

Oregon (see page II-3 in the Species Recover Plan link above or yellow-shaded are in map below)?




its bloom period, March through mid-April.



No ☐ No Effect


http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LimnanthesFloccosaGrandifloraProf

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LimnanthesFloccosaGrandifloraProf

http://ecos.fws.gov/docs/recovery_plan/Rogue%26Illinois%20Valley%20Final%20Recovery%20Plan%20031913.pdf


48





COMMENTS:

49

Bradshaw’s Lomatium (Lomatium bradshawii)


Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LomatiumBradshawiiPro

file.pdf


Refer to Plant Materials Technical Note #40b for identification guide to the species:

http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_041923.pdf

1. Are there any hydric soils or soils with hydric inclusions, or any pooling/ponded water areas located within the

project area?

No ☐ No Effect – no suitable habitat



its bloom period, mid-April through May. Surveys are only required on hydric soils, soils with

hydric inclusions or in areas with pooling/ponded water during part of the year.



No ☐ No Effect






COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LomatiumBradshawiiProfile.pdf

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LomatiumBradshawiiProfile.pdf



50

Cook’s Lomatium (Lomatium cookii)


Species Profile: http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LomatiumCookiiProfile.pdf


http://ecos.fws.gov/docs/recovery_plan/Rogue&Illinois%20Valley%20Final%20Recovery%20Plan%20031913.pdf

Refer to Plant Materials Technical Note #40c for identification guide to the species:


1. Is your project located in or around the Agate Desert in the vicinity of Eagle Point and White City,

Oregon OR is your project within the Illinois Valley (see page II-3 in the Species Recover Plan link

above or within the yellow area in map below)?

No ☐ No Effect - outside of the range of the species’ distribution.



its bloom period. Sites within the Rogue Valley should be surveyed from late March to late April.

Sites within the Illinois Valley should be surveyed from early April to mid-May, particularly on

Brockman soil types.

Were plants found during an appropriately-timed survey? Complete and attach the T&E Plant Survey


No ☐ No Effect


http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LomatiumCookiiProfile.pdf



51





COMMENTS:

52

Kincaid’s Lupine (Lupinus oreganus)

Status: Federal Threatened with Designated Critical Habitat

Species Profile: http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LupinusOreganusProfile.pdf


5-Year Review (2010): Kincaid's Lupine (Lupinus sulphureus kincaidii) 5-Year Review

Critical Habitat (2006): Designation of Critical Habitat for the Fender's blue butterfly (Icaricia icarioides

fenderi), Lupinus sulphureus ssp. kincaidii (Kincaid's lupine), and Erigeron decumbens var. decumbens

(Willamette daisy): Final rule.

Refer to Plant Materials Technical Note #40d for identification guide to the species:



No ☐ No Effect



its bloom period, May through June. During site visits, you might flag any lupine plants that are

encountered prior to or after flower bloom period, so these plants can be revisited at appropriate

timing to determine species.



No ☐ No Effect

Yes ☐ If yes, go to 3. You will also need to determine if the Fender’s blue butterfly is

present at the site and/or complete a BE/BA to determine potential effects. Refer to Effects

Determination Sheet for Fender’s blue butterfly.





COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/LupinusOreganusProfile.pdf



53

MacFarlane’s Four-o’clock (Mirabilis macfarlanei)


Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/MirabilisMacfarlaneiProfile.pdf

Recovery Plan (2000): Revised Recovery Plan for MacFarlane's Four-o'clock (Mirabilis macfarlanei)

5-Year Review (2015): Mirabilis macfarlanei

1. Is your project located on slopes adjacent to the Snake River or the Imnaha River?

No ☐ No Effect – no suitable habitat and/or outside of the range of the species’ distribution



its bloom period, May through June.



No ☐ No Effect






COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/MirabilisMacfarlaneiProfile.pdf

54

Rough Popcornflower (Plagiobothrys hirtus)


Species Profile: http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/PlagiobothrysHirtusProfile.pdf

Recovery Plan (2003): Recovery Plan for the Rough Popcornflower (Plagiobothrys hirtus)

5-Year Review (2010): Rough popcornflower 5-Yr Revew

Guide for identification: “Popcornflowers of the Umpqua River watershed: distinguishing rare and common

species”: https://www.fws.gov/oregonfwo/Species/Data/RoughPopcornflower/Documents/PopcornID-Guide.pdf

1. Are there any hydric soils, soils with hydric inclusions, or any pooling/ponded water areas located within the

project area?




period. Sites near Sutherlin, Oregon should be surveyed from early June to mid-July. Sites near Rice Hill

should be surveyed from late June to mid-August. Surveys are only required on hydric soils and soils with

hydric inclusions (particularly on Conser, Bashaw and Brand soil types).



No ☐ No Effect





COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/PlagiobothrysHirtusProfile.pdf

http://www.fws.gov/oregonfwo/Species/Data/RoughPopcornflower/Documents/PopcornID-Guide.pdf



55

Nelson’s Checker-mallow (Sidalcea nelsoniana)

Status: Federal Threatened without Critical Habitat Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/SidalceaNelsonianaProfile.pdf



Refer to Plant Materials Technical Note #40d for identification guide to the species:


1. Are there any hydric soils or soils with hydric inclusions located within the project area?




period, June through July. Coast Range populations generally flower later than Willamette Valley populations.

Surveys are only required on hydric soils and soils with hydric inclusions. During site visits, you might flag

any Checker-mallow plants that are encountered prior to or after flower bloom period, so these plants can be

revisited during bloom timing to determine to species.



No ☐ No Effect





COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/SidalceaNelsonianaProfile.pdf




56

Spalding’s Catchfly (Silene spaldingii)

Status: Federal Threatened without Critical Habitat Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/SileneSpaldingiiProfile.pdf

Recovery Plan (2007): Spalding's Catchfly Final Recovery Plan

5-Year Review (2009): Spalding's catchfly completed 5 yr Review

Key to differentiate species of catchflies, page 5 of Recovery Plan:


1. Are there open pine woodlands and/or grasslands within the project area?




period, July through August



No ☐ No Effect





COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/SileneSpaldingiiProfile.pdf


57

Malheur Wire-Lettuce (Stephanomeria malheurensis)

Status: Federal Endangered with Critical Habitat Species Profiles:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/StephanomeriaMalheurensisProfile.p

df

http://www.fws.gov/oregonfwo/Species/Data/MalheurWireLettuce/

Listing of the Species with Critical Habitat (1982): http://ecos.fws.gov/docs/federal_register/fr641.pdf

Recovery Plan (1991): http://ecos.fws.gov/docs/recovery_plans/1991/910321.pdf

5-Year Review (2011): Malheur Wire Lettuce (Stephanomeria malheurensis) 5-Year Review

There is one location of this species know from a site south of Burns, Oregon. It occurs on a hillside above Harney

Lake, on soils derived from volcanic tuff and layered with thin crusts of limestone. This differs from surrounding

soils, which are derived from basalt. The species is thought to be very recently evolved and has winked in and out

of extinction. Intensive surveys have been conducted around this location to find additional populations. The one

location is thought to be its only occurrence.

No surveys or further actions are needed for consideration of this endangered species in relation to NRCS

work on nearby private lands.

COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/StephanomeriaMalheurensisProfile.p

http://www.fws.gov/oregonfwo/Species/Data/MalheurWireLettuce/

http://ecos.fws.gov/docs/federal_register/fr641.pdf

http://ecos.fws.gov/docs/recovery_plans/1991/910321.pdf

58

Howell’s Spectacular Thelypody (Thelypodium howellii spp. spectabilis )

Status: Federal Endangered without Critical Habitat Species Profile:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ThelypodiumHowelliiSpectabilisPro

file.pdf

Recovery Plan (2002): Recovery Plan for the Howell's Spectacular Thelypody (Thelypodium howellii ssp.

spectabilis)

5-Year Review (2010): Howell's spectacular thelypody 5-year review

1. Is your project located in the valley of the Powder River (the T&E response system only includes this boundary

for queries)?

No ☐ No Effect – outside of the range of the species’ distribution



period, June through July.



No ☐ No Effect





.

COMMENTS:

http://www.oregon.gov/oda/shared/Documents/Publications/PlantConservation/ThelypodiumHowelliiSpectabilisPro

59

APPENDIX C. T&E PLANT SURVEY FORM

Notes for T&E Plant Surveys

For the plant survey:

Take along a camera, aerial photo, soil map, plant identification books, plant keys, other references

Determine the location and extent of proposed practices Minimally, survey the disturbance footprint of your project/practice area

Survey ingress and egress and other potentially disturbed sites related to the planned project (roads or travel

routes, stock piles, etc.)

If plants are present on the site:

Map locations and extents of the population (could use Oregon Biodiversity Information Center form

http://inr.oregonstate.edu/sites/inr.oregonstate.edu/files/plantform.pdf and Toolkit map)

Take pictures!

Consider how to modify the project to reduce effects/enhance the population (may avoid plants and habitat

either spatially or temporally)

Inform client of (our-NRCS) responsibilities

Get excited! Let your landowner know that their past management/good stewardship of the land has been

conducive to a rare plant still existing on their land.

http://inr.oregonstate.edu/sites/inr.oregonstate.edu/files/plantform.pdf

60

N

S

T&E Plant Survey Form

Project Name

County: Field Office:

Survey Location:

Section: Township: Range:

Lat: Long: W E UTM: Elevation:

Quad Sheet:

Survey Date(s):

Surveyor(s):

Job Title(s):

Project Description:

Practices:

(Attach additional pages as necessary)

61

Biological Setting (general ecological condition, disturbance history, weediness of the site, etc.):

Land Use(s): Physiographic Position: Climate/Precipitation: Ecological Site

Description (if available)

Soils:

Have you or one of the surveyors taken the field training for the species that you are

surveying for, or do you otherwise know the species well? Yes No

If no, you should consider getting assistance/training from your Plant Material Specialist

or someone who knows the species and how to survey for it.

62

Potential T&E Plant Species in the Project Area

Target Species Listing

Status

Survey/Bloom Time

for the species

Date(s) Surveyed

Plant Species Inventoried in the Project Area (list by habitat)

Common (or Scientific) Name % Composition

63

Other Field Notes

Attachments

Map of Project Area showing Survey Routes (required)

Soil Map of Project Area

Photographs

Other (Describe):

64

APPENDIX D. BIOLOGICAL ASSESSMENT/EVALUATION (BA/BE) OUTLINE

(if used to make ESA Effects Determinations, omit sections that are in parenthesis):

For the purpose of making Effect Determinations (Introduction:

4. Species we are consulting on

5. Attachment from USFWS and/or NMFS)

I. Project Description, Location and Actions

1. County 2. Legal Description

3. Watershed

4. Stream

5 What is the proposed action? 6. When will the proposed action occur?

7. How will the proposed action occur?

8. Reference drawings and maps.

II. Project Objectives

III. Description of Listed/Proposed Species Complete for each Species or DCH:

1. Species ESA Status (Include References)

2. Species Distribution (Include References)

a. In Project area 3. Proximity of the action (Include References)

a. to the species

b. to the management units

c. to Designated Critical Habitat

4. Distribution (Include References) a. geographic areas where disturbance occurs

IV. Description of the action area:

1. Describe current habitat at action area 2. Describe current habitat near action area.

V. Description of the Effects of the Proposed Action on Listed/Proposed Species

1. Timing: What is the relationship of the action to sensitive periods of a species lifestyle? 2. Nature of the Effect:

a) On a species' lifestyle

b) Population Size

c) Population variability

d) Distribution

e) Designated Critical Habitat

3. Disturbance

a) Frequency of disturbance

b) Intensity of disturbance

c) Severity of disturbance

(Planning Alternatives Considered)

65

VI. Mitigation Measures and Specifications

1. What are the methods used to avoid short-term adverse effects?

2. What are the methods used to avoid long-term adverse effects?

VII. Determination of Effect

1. State briefly your final determination and rationale. a. No Effect: the appropriate conclusion when the action agency determines that its

proposed action will not affect listed species or DCH (no consultation required).

b. Is not likely to adversely affect: the appropriate conclusion when effects on listed

species expect to be discountable, or insignificant, or completely beneficial.

1) Beneficial Effect is the appropriate conclusion for those effects of an action

that are wholly positive without any adverse effects on a listed species or

DCH.

2) Insignificant effects relate to the size of the impact and should never reach the

scale where take occurs.

3) Discountable effects are those extremely unlikely to occur. Based on best

judgement, a person would not: (1) be able to meaningfully measure,

detect, or evaluate insignificant effects; or (2) expect discountable effects

to occur (Informal Consultation required).

c. Is likely to adversely affect: the appropriate conclusion if any adverse effect to listed

may occur as a direct or indirect result of the proposed action.

1) Direct effects: the direct or immediate effects of the project on the species or

its habitat.

2) Indirect effects: are caused by or result from the proposed action, are later in time, and are reasonable certain to occur. (Formal

Consultation required).

If the decision is “No Effect,” place documentation in the case file and proceed with action.

If the decision is “Not likely to Adversely Affect” informal consultation is necessary.

If the decision is “Is likely to Adversely Affect” formal consultation is necessary.