Section 1 Executive Summary 1-1 Section 2 Introduction 2-1 2.1 PROGRAMMATIC ESA SECTION 7 CONSULTATION 2-2 2.2 PURPOSE OF THE DOCUMENT 2-3 2.3 USE OF THE DOCUMENT 2-4 2.4 UPDATES AND REVISIONS 2-5 Section 3 Proposed Action 3-1 3.1 ACTION AREA 3-1 3.2 PROPOSED ACTION 3-1 3.2.1 NON-EMERGENCY DEBRIS REMOVAL 3-2 3.2.2 CONSTRUCTING, MODIFYING OR RELOCATING FACILITIES 3-2 3.2.3 PROJECTS INVOLVING WATERCOURSES AND COASTAL FEATURES 3-7 3.2.4 VEGETATION MANAGEMENT 3-11 Section 4 Threatened and Endangered Species 15 4.1 THREATENED AND ENDANGERED SPECIES 15 4.1.1 ENDANGERED SPECIES ACT DEFINITIONS 16 4.1.2 CRITICAL HABITAT 17 4.1.3 ESTIMATED INCIDENTAL TAKE AND DESTRUCTION AND ADVERSE MODIFICATION OF CRITICAL HABITAT 18 4.1.4 CRITICALLY ENDANGERED SPECIES 19 Section 5 Evaluation of Typically Recurring Actions 5-1 5.1 EVALUATION OF TYPICAL RECURRING ACTIONS 5-1 5.1.1 CATEGORY 1 – NO EFFECT 5-2 5.1.2 CATEGORY 2 - NOT LIKELY TO ADVERSELY AFFECT 5-6 5.1.3 CATEGORY 3 - LIKELY TO ADVERSELY AFFECT 5-13 Section 6 Cumulative Affects 6-1 6.1 CUMULATIVE AFFECTS 6-1 Section 7 References 7-1 7.1 REFERENCES 7-1 Section 8 List of Preparers 8-1 8.1 List of Preparers 8-1 Section 9 Exhibits, Appendices, and Attachments 9-1 Exhibits Exhibit 1a Northern California counties within the federally-declared FEMA-1628-DR-CA disaster Exhibit 1b Northern California counties within the federally-declared FEMA-1646-DR-CA disaster Exhibit 2 Silt deposited in pre-existing campground Exhibit 3 Replacement of damaged pump control and telemetry equipment Exhibit 4 Edge of existing roadway washed out Exhibit 5 Debris floating on the surface of a lake Exhibit 6 Roadside undermined Exhibit 7 Levee erosion from wave action Exhibit 8 Replacement of a boat dock Exhibit 9 Roadway landslide Exhibit 10 Creek embankment eroded from high flows List of Appendices Appendix A Listed, proposed and candidate species addressed in the Programmatic Biological Assessment for Projects Funded by FEMA Appendix B General Conservation measures for FEMA-funded actions with the potential to affect federally-listed species or their habitats Appendix C Species-specific information and conservation measures for FEMA-funded actions with the potential to affect federally-listed species or their habitats Appendix D Potential bioengineering practices for FEMA-funded actions with the potential to affect federally-listed species or their habitats Appendix E Designated and proposed critical habitats that are addressed in the Programmatic Biological Assessment for projects funded by the FEMA List of Attachments Attachment 1 January 2000 letter of agreement between FEMA and the U.S. Army Corps of Engineers. BA Biological Assessment BMPs Best Management Practices CA California CDFG California Department of Fish and Game CFR Code of Federal Regulations CNDDB California Natural Diversity Database CORPS United States Army Corps of Engineers EPA Environmental Protection Agency ESA Federal Endangered Species Act FDPA Federal Disaster Protection Act FEMA Federal Emergency Management Agency LAA Likely to Adversely Affect NE No Effect NFIA National Flood Insurance Act NLAA Not Likely to Adversely Affect NMFS National Marine Fisheries Service PA Public Assistance PL Public Law PBA Programmatic Biological Assessment SERVICE United States Fish and Wildlife Service STAFFORD ACT Robert T. Stafford Disaster Relief and Emergency Assistance Act California County Abbreviations Alameda ALA Marin MRN San Mateo SMT Alpine ALP Mariposa MAR Santa Barbara SBA Amador AMA Mendocino MEN Santa Clara SCL Butte BUT Merced MER Santa Cruz SCZ Calaveras CAL Modoc MOD Shasta SHA Colusa COL Mono MNO Sierra SIE Contra Costa CCA Monterey MNT Siskiyou SIS Del Norte DEL Napa NAP Solano SOL El Dorado ELD Nevada NEV Sonoma SON Fresno FRE Orange ORG Stanislaus STA Glenn GLE Placer PLA Sutter SUT Humboldt HUM Plumas PLU Tehama TEH Imperial IMP Riverside RIV Trinity TRI Inyo INY Sacramento SAC Tulare TUL Kern KRN San Benito SBE Tuolumne TUO Kings KNG San Bernadino SBD Ventura VEN Lake LAK San Diego SDG Yolo YOL Lassen LAS San Francisco SFO Yuba YUB Los Angeles LAX San Joaquin SJQ Madera MAD San Luis Obispo SLO 1 Executive Summary The Federal Emergency Management Agency (FEMA) administers federal programs for response to, recovery from, and preparation for disasters. Such disasters may result from natural events such as floods, earthquakes, wildfires, and windstorms, or from human-caused events such as fires and explosions. FEMA, as with all federal agencies, is required under Section 7(a)(2) of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.)(ESA) to consult with the U.S. Fish and Wildlife Service (Service) to ensure that any action authorized, funded or carried out by FEMA is not likely to jeopardize the continued existence of any endangered or threatened species under their jurisdiction, or result in the destruction or adverse modification of habitat of such species which is legally designated to be critical. To initiate consultation, FEMA typically prepares a biological assessment (BA) describing the action, the potential effects of that action on listed species, and any conservation measures necessary to avoid adverse effects of the action on listed species and their habitats. FEMA has determined through experience that the majority of the typical recurring actions proposed for funding, and for which a BA is required, can be grouped by type of action or location. These groups of actions, provided that they meet specified criteria, can be evaluated in a Programmatic Biological Assessment (PBA) to comply with the ESA and its implementing regulations without having to produce a time consuming, stand-alone BA for every action. The PBA is then used as the basis for a programmatic consultation that would ultimately eliminate the need for individual consultations on many actions undertaken by FEMA, except in certain circumstances where an action cannot be appended to a programmatic consultation. FEMA has prepared this PBA for the purpose of initiating a programmatic consultation with the Service. This PBA describes the types of projects usually funded by FEMA and it evaluates typical recurring actions undertaken by FEMA within the State of California in preparation for, and in the wake of, disasters. This document will facilitate FEMA’s compliance with the ESA by providing a framework to address affects to federally-listed species from projects typically funded in response to flood, earthquake, fire, and wind disasters, and to prevent future disasters resulting from these types of events. Through programmatic consultation, the Service and FEMA intend to streamline the consultations process for these typically recurring actions in California. 2 Introduction The Federal Emergency Management Agency (FEMA) administers federal programs for response to, recovery from, and preparation for disasters. Such disasters may result from natural events such as floods, earthquakes, wildfires, and windstorms, or from human-caused events such as fires and explosions. FEMA administers the federal programs under the following authorities: • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law (PL) 93-288, as amended (Stafford Act). The Stafford Act authorizes FEMA to administer response, recovery, and mitigation programs. The Stafford Act was amended by the Disaster Mitigation Act of 2000, PL 106-390; it includes the following FEMA programs: the Public Assistance Program; the Hazard Mitigation Grant Program, pre-disaster mitigation programs, the Fire Management Assistance Grant Program, and the Assistance for Individuals and Households Program. The implementing regulations for these programs are found in Title 44, Code of Federal Regulations (CFR), Parts 204 and 206. • The National Flood Insurance Act, as amended, PL 90-448 (NFIA) and the Flood Disaster Protection Act, PL 93-234 (FDPA) authorizes FEMA to administer programs for mapping flood hazards, providing flood insurance, and providing flood mitigation assistance. Implementing regulations for these programs are found in 44 CFR Parts 59–78. Typical actions taken under these authorities are described below. In response to disasters, FEMA is authorized under the Stafford Act to provide state and local governments with assistance that is essential to respond to immediate threats to life, public health and safety, and property. Response activities typically include emergency protective measures to save lives, protection of public health and safety, and protection of improved property. These response activities may be undertaken directly by federal agencies or state and local agencies with financial assistance from FEMA to cover extraordinary costs of such activities. Under the Stafford Act, FEMA may provide funds to repair, restore, or replace disaster-damaged public facilities as well as facilities owned by certain private nonprofit organizations. Eligible facilities include: • Roads and associated features, such as lighting, curbs, and sidewalks, • Bridges, culverts, and associated features, such as abutments, headwalls, and erosion protection, • Water control facilities, such as embankments, diversion dams, retention basins, and canals, • Buildings and equipment, • Utilities, such as water and sewer lines and electrical distribution facilities, • Mass transit facilities, • Parks and recreational facilities Often, the entity applying for assistance (referred to as the “sub-grantee”) wishes to take advantage of the opportunity presented by the necessary repair of a disaster-damaged facility to make improvements to, or change the design of, the facility. These actions are referred to as “improved projects.” In other cases, the sub-grantee determines that the public welfare would not be best served by restoring a damaged facility or the function of the facility. Funds which are originally available for the restoration of the damaged facility may be made available for the expansion or construction of other selected facilities, the purchase of capital equipment, or the funding of hazard mitigation measures. Such actions are referred to as “alternate projects.” The Stafford Act and the NFIA further authorize FEMA to provide assistance with actions that will reduce or eliminate threats to public health and safety and reduce the risk of damage to public and private property during future disasters. FEMA may provide funds for such mitigation measures if they are applied to a specific facility, such as elevating a flood-prone building above the flood elevation, or to reduce risks to the community at large, as through vegetation management to reduce the risk of wildfire. FEMA also may provide funds for the relocation or acquisition of facilities located in areas of hazard, such as floodplains, where repetitive damage is likely to occur. 2.1 PROGRAMMATIC ESA SECTION 7 CONSULTATION FEMA, as with all federal agencies, is required under Section 7(a)(2) of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.)(ESA) to consult with the U.S. Fish and Wildlife Service (Service) to ensure that any action authorized, funded or carried out by FEMA is not likely to jeopardize the continued existence of any endangered or threatened species under their jurisdiction, or result in the destruction or adverse modification of habitat of such species which is legally designated to be critical. To initiate consultation, FEMA typically prepares a biological assessment (BA) describing the action, the potential effects of that action on listed species, and any conservation measures necessary to avoid adverse effects of the action on listed species and their habitats. FEMA has determined through experience that the majority of the typical recurring actions proposed for funding, and for which a BA is required, can be grouped by type of action or location. These groups of actions, provided that they meet specified criteria, can be evaluated in a Programmatic Biological Assessment (PBA) such as this to comply with the ESA and its implementing regulations without having to produce a time consuming, stand-alone BA for every action. The PBA is then used as the basis for a programmatic consultation that would ultimately eliminate the need for individual consultations on many actions undertaken by FEMA, except in certain circumstances where an action cannot be appended to a programmatic consultation. 2.2 PURPOSE OF THE DOCUMENT FEMA has prepared this PBA for the purpose of initiating a programmatic consultation with the Service. This PBA describes the types of projects usually funded by FEMA and it evaluates typical recurring actions undertaken by FEMA within the State of California in preparation for, and in the wake of, disasters. This document will facilitate FEMA’s compliance with the ESA by providing a framework to address affects to federally-listed species from projects typically funded in response to flood, earthquake, fire, and wind disasters, and to prevent future disasters resulting from these types of events. Through programmatic consultation, the Service and FEMA intend to streamline the consultations process for these typically recurring actions in California. This PBA proposes specific criteria, guidelines, and measures that FEMA, the Applicant (i.e., the State of California), and their sub-grantees will follow during the implementation of FEMA-funded projects. Once the Service has determined through the ESA section 7 consultation process that projects meet the guidelines, criteria, assumptions, and intent, as described throughout this document, the Service will prepare and issue a programmatic “not likely to adversely affect” concurrence letter and a programmatic biological opinion. No additional ESA section 7 consultations with the Service will be required for those projects that meet the guidelines, criteria, assumptions, and intent of this document, and were covered under the programmatic consultations. FEMA will, however, still need to initiate individual ESA section 7 consultations on all projects that do not meet the guidelines, criteria, assumptions, and intent of this document, and were not covered under the programmatic consultations. The criteria, guidelines, and assumptions proposed in this PBA apply only to projects located where federally-listed species or their habitats occur, or where a project may have an affect on a federally-listed species or its habitat; this includes primarily their designated critical habitat and areas within a species’ recommended recovery units or other priority recovery areas. Projects located outside of listed-species habitats, or projects that have no effect on federally-listed species or their habitats, do not need to consult with the Service under section 7 of the ESA. This PBA applies immediately to all projects described in Section 3 of this document that have been proposed for funding by FEMA under all open declared rain, flood, fire, earthquake, and wind disasters in California. Open declared disasters are defined as disasters for which FEMA is still providing federal assistance under the Stafford Act. This PBA also applies to pre-disaster hazard mitigation projects for which FEMA funding has been requested. This PBA covers only projects of a permanent nature; projects intended to restore damaged facilities or to prevent future damage through mitigating activities such as vegetation management. It does not cover emergency response actions. As described in federal regulations at 50 CFR Part 402.05, the term “emergency circumstances…applies to situations involving acts of God, disasters, casualties, national defense or security emergencies,” and includes response activities that must be taken to prevent imminent loss of human life or property. During an emergency response action, FEMA will call the Service for technical assistance on effects to federally-listed species. FEMA will then initiate consultation with the Service on emergency response activities as soon as practicable, unless another method is determined to be sufficient by the Service. The analysis in this PBA has relied upon FEMA’s historic experience of project typology, description, and consequences described in environmental documents from 1994 to 2005. Analysis in this PBA is also based on review of scientific literature and other available information about federally-listed species, consultation with regulatory agency personnel, and expert opinions. This PBA, and the subsequent ESA Section 7 programmatic consultations, cover only projects for which FEMA acts as the lead federal agency. In order to avoid duplication of efforts, FEMA will not seek compliance under the ESA for minor, in-kind projects (referred to as “small projects” in the January 2000 letter of agreement between the U.S. Army Corps of Engineers (Corps) and FEMA (Attachment 1)) where the Corps acts as the lead agency, or for projects completely within the Corps jurisdiction that repair areas to pre-disaster conditions. These projects are subject to review and permitting by the Corps under the Clean Water Act and are, therefore, subject to review and compliance under the ESA. For FEMA-funded projects with a Corps nexus, compliance under the ESA would be completed by the Corps with the Service prior to the FEMA action being initiated. 2.3 USE OF THE DOCUMENT This document is intended to be used in a “stepped-down” fashion; meaning that projects that fall into a higher ESA determination category (e.g., likely to adversely affect) may be re-categorized to a more species-friendly category (e.g., not likely to adversely affect) based on 1) revisions to a project’s scope of work, timing, or duration; 2) implementation of appropriate general and species-specific conservation measures as outlined in the appendices of this document; or 3) implementation of advice or recommendations received from consulting biologists and on-site Service-approved biological monitors. As an added step, FEMA may chose to contact the appropriate jurisdictional Service Field Office informally in an effort to assist project proponents in re-designing their projects prior to the need for FEMA to initiate formal ESA section 7 consultation. Additionally, this document is intended to be used in its entirety; meaning that the individual sections, appendices, or bullet items within an appendix are not intended to stand alone, they are intended to be used in concert with the rest of the document. Using the document as a whole, rather than in part, provides the maximum amount of protection to federally listed species and their habitats while providing the greatest amount of flexibility to the project proponents. Theoretically, all FEMA-funded projects could get to a “not likely to adversely affect” ESA determination by making the changes listed above or by implementing the conservation measures as described in this document’s appendices. This may, however, not be practicable or feasible for some projects based on site specific conditions or other constraints. In those instances, incidental take for federally listed species addressed in this document may be authorized through the programmatic consultation process. In other cases, the Service will determine that projects clearly do not meet the criteria outlined throughout this document. In those cases, FEMA will have to initiate individual ESA section 7 consultation with the appropriate jurisdictional Service Field Office prior to project implementation. 2.4 UPDATES AND REVISIONS At FEMA’s discretion, this PBA may apply to subsequent disaster response efforts to be declared by the President, when FEMA so notifies the participating interested public and government parties and agencies. If FEMA chooses to use this PBA for future disasters, FEMA will update the document, if needed, and in cooperation with the Service, update any programmatic consultations that resulted from this PBA, as necessary. For example, if new California counties are included in subsequent disasters where other species occur that were not previously addressed, or if new species are listed or new critical habitats designated, or the scope of FEMA’s actions change; FEMA will address these issues in a new PBA or in an amendment to this PBA, and they will re-initiate consultation with the Service in accordance to 50 CFR Part 402. FEMA will ensure that this PBA, and the resulting programmatic consultation documents, are revised and updated at a minimum of at least every five years from the date that consultation is completed. 3 Proposed Action 3.1 ACTION AREA The actions described in this PBA may occur in several counties within the State of California. The heavy 2005/2006 winter rains in California resulted in two federal disaster declarations 9FEMA-1628-DR-Ca and FEMA-1646-DR-CA) in many northern California counties (Exhibit 1a and 1b). Currently, there are more than 150 federally-listed or candidate species and their habitats that could be affected by FEMA-funded actions within those 35 counties (Appendix A). Subsequent federally-declared disasters may occur in other California counties where these species also occur. If this happens, FEMA may chose to expand the action area to include these new counties and then use this PBA and the subsequent programmatic consultation documents (as discussed previously in Section 2.3) to implement their federal disaster assistance programs in those new counties. For example, during the next federally-declared disaster, Stanislaus and Calaveras counties may be included in the disaster. If this were to occur, most or all of the species and the FEMA-funded actions that may have an effect on those species and their habitats have already been addressed in this PBA. Specific project locations, footprints, affected areas, etc. are defined for each project prior to the project proponent receiving federal funds. 3.2 PROPOSED ACTION This section describes typical projects that are funded by FEMA in response to, or in preparation for, disasters. Projects are described independent of the FEMA program that is the source of funding. Only actions with the potential to affect federally-listed species or their habitats are covered in this PBA. Projects that do not follow all of the guidelines, criteria, assumptions, or intent of this document may not be covered under the Service’s programmatic consultations. Typically recurring actions covered by this PBA include: • Non-emergency debris removal; • Constructing, modifying, or relocating facilities; • Projects involving water courses and coastal features; • Vegetation management These project types are described in more detail below. 3.2.1 NON-EMERGENCY DEBRIS REMOVAL There are situations where debris removal is necessary in non-emergency situations, such as in the restoration of facilities. Sediment and debris removal projects include: • Removal of rock, silt, sediment, or woody debris that has been deposited by floodwaters in stream channels, bridge and culvert openings, canals, sedimentation basins, sewage treatment ponds, ditches, and other facilities in such a manner as to disrupt normal flows, navigation, recreation, or municipal services; • Removal of woody debris from public areas or facilities, such as roads, railroad tracks, and trails following wind or fire events that damage or destroy trees; • Removal of rock and earth from public areas or facilities following landslides caused by earthquakes or heavy rains; and • Removal of building rubble from public areas or facilities following earthquakes. All removable debris would be disposed of at approved and licensed disposal sites, in compliance with existing laws and regulations. Any hazardous materials or other contaminants would be removed and disposed of in an appropriate manner. Many materials may be recycled, if recycling facilities exist. 3.2.2 CONSTRUCTING, MODIFYING OR RELOCATING FACILITIES FEMA may provide funds for: • Upgrading or otherwise modifying buildings; • Providing temporary facilities; • Acquiring and demolishing existing facilities; • Repairing, realigning, or otherwise modifying roads, trails, utilities, and rail lines; • Constructing new facilities or relocating existing facilities; • Relocating the function of an existing facility; • Extending the pressurized water service area; and • Developing demonstration projects. These project types are described in more detail below. 3.2.2.1 UPGRADING OR OTHERWISE MODIFYING BUILDINGS Under this action, FEMA would provide funds to implement changes required by current building codes and standards or otherwise modify existing buildings. Often, these changes have the effect of making the structure more resistant to damage in future events. Typical activities include: • Making buildings more fire resistant (e.g., by replacing roofs and doors with fire-resistant materials) or safer during fires (e.g., by installing sprinkler and alarm systems); • ?Installing bracing, shear panels, shear walls, anchors, or other features so that buildings are better able to withstand earthquake shaking or high wind loads; • Modifying buildings to reduce the risk of damage during floods by elevating structures above the expected flood level or by flood-proofing; • Modifying buildings to meet another need of a sub-grantee, such as with an improved action or an alternate action. If a building is located in an identified floodplain and is substantially damaged, the NFIA requires that the building be elevated so that the lowest floor is at or above the base flood (100-year) elevation. Newly constructed buildings, such as those built to replace destroyed facilities must also meet this requirement, if located in floodplains. Structures can be elevated on extended foundation walls, piers, posts, columns, or compacted fill. All materials used below the base flood elevation must be flood resistant. Utilities, such as exterior compressors, also must be elevated above the base flood elevation. A building also can be flood-proofed so that floodwaters can encounter it without causing damage to the structure or its contents. “Dry flood-proofing” methods involve the installation of flood shields, water-tight doors and windows, earthen barriers, and pumping systems to prevent water from entering the structure. “Wet flood-proofing” involves the installation of vents and flood-resistant materials so that water may enter and leave areas of the structure without causing damage. With both dry and wet flood-proofing, utilities are modified, elevated, or relocated to prevent floodwaters from accumulating within them. Buildings also may be upgraded to meet codes unrelated to damage from natural hazards, such as upgrades required by changes in capacity or function, and upgrades necessary to meet the requirements of the Americans with Disabilities Act. 3.2.2.2 PROVIDING TEMPORARY FACILITIES FEMA may provide temporary group housing sites when a disaster renders homes uninhabitable for long periods. Such sites are typically constructed using travel trailers or manufactured housing. Typical activities include: • Developing the pads for dwellings; • Constructing ancillary facilities, such as roads, streets, and parking lots; • Installing utilities, such as potable water lines, sewer hookups, electricity (including proper street lighting), telephones lines, etc. These actions would be implemented only if other housing options, such as vacancies in hotel rooms or availability of rental units, are not feasible. Appropriate sites are not to be located in a floodplain, contain wetlands, critical habitat, or other sensitive areas, affect historic properties or archaeological sites, or contain hazardous materials. Installation of housing units and utilities is accomplished in accordance with current codes and standards. After temporary housing is no longer needed at the disaster site, the temporary housing units and associated ancillary facilities are removed and the land is restored to its original use. All removed materials are stored for future use or disposed of in accordance with applicable laws and regulations. FEMA may also provide funding for temporary relocation of essential public services, in the event that the structures housing those services are damaged, destroyed, or otherwise rendered inaccessible by a disaster. In most cases, the lease or purchase of facilities is eligible; however, construction of new facilities may be eligible if this action is also cost-effective. Funds also are provided for the upgrades necessary to meet current codes and standards and the installation or modification of appurtenances necessary to operate facilities, such as utilities. 3.2.2.3 ACQUIRING AND DEMOLISHING EXISTING FACILITIES FEMA may provide funds for the acquisition and demolition of existing facilities if they are located in high-hazard areas and are subject to repetitive loss. Typically, these facilities are at a high risk because of (1) damage from flooding; (2) erosion of stream banks, beaches, slopes, or bluffs; (3) landslides; or (4) wildfire. These facilities may consist of private properties, such as houses and commercial buildings, or publicly owned facilities, such as utilities, roads, and bridges. Generally, a local government entity purchases private properties on a willing-seller basis; once the property has been purchased, the existing facilities are either removed or demolished and the property will be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices, pursuant to 44 CFR 206.434(d). All demolition materials are disposed of at approved and licensed disposal sites, in compliance with applicable laws and regulations, and any hazardous materials or other contaminants are removed and disposed of in an appropriate manner. Construction debris and household materials may be recycled, if recycling facilities exist. Once structures are removed, lots are graded to conform to the local topography and disturbed areas are re-vegetated with species approved for the local area. Frequently, the local government will develop the acquired land for recreational or open-space uses, such as parks, athletic fields, or walking and bike trails. 3.2.2.4 REPAIRING, REALIGNING, OR OTHERWISE MODIFYING ROADS, TRAILS, UTILITIES, AND RAIL LINES Roads, trails, utilities, and rail lines are typically damaged when floods, heavy rains, earthquakes or other natural or man-made disasters occur to cause erosion, subsidence, or landslides. Repairs are accomplished by replacing earthen material lost during the disaster and replacing the damaged surface, utility line, or in the case of rail lines, ballast and track. It may be necessary to stabilize the replacement fill using rock, grout, timber walls, or steel sheet piling. Hazard mitigation measures may be installed to prevent future damage; for example, a pipe may be installed to convey drainage beneath a road, thus preventing future washouts, or a utility line may be encased in concrete in an area vulnerable to erosion. If the area of damage is unstable, does not allow for repair, or is subject to repetitive loss, a facility may be realigned so that the area of damage is avoided. Property acquisition or a change in easement may be necessary. Facilities also may be modified as part of improved actions or alternate actions to meet additional needs of the sub-grantee. 3.2.2.5 CONSTRUCTING NEW FACILITIES OR RELOCATING EXISTING FACILITIES If a facility is located in a floodplain or other hazard area, is subject to repetitive damage, or has been damaged in such a way that restoration in the current location is not practical or cost effective, FEMA may fund the construction of a new facility or the physical relocation of the existing facility. Examples of this type of action include construction of buildings, roads, trails, utilities and utility lines, and rail lines in a different area from the existing facility. The physical relocation of existing facilities is only practical with buildings. In cases of both new facility construction and physical relocation, FEMA may fund the cost of land acquisition and the construction of appurtenant features, such as access roads and utilities. For properties in the hazard area, FEMA would fund the acquisition of damaged properties, demolition of existing structures (except in cases of physical relocation), and the placement of deed restrictions that would limit future uses to open space in perpetuity. New facilities (including buildings, roads, trails, utilities and utility lines, and rail lines) also may be constructed as improved actions or alternate actions to meet additional needs of the sub-grantee. 3.2.2.6 RELOCATING THE FUNCTION OF AN EXISTING FACILITY Under this action, FEMA would fund the relocation of the function of a facility to an existing facility that has adequate capacity to handle the additional load with minor modifications, if any. For structures, the occupants and materials would be relocated to alternative structures, traffic would use alternate routes, and utility services would be provided by alternative methods. This action would not entail any major physical construction or addition to the existing facility and, if any work would be required, it would consist of only minor modifications. A typical example is transferring students from a damaged or flood-prone school to a suitable existing school nearby, if feasible in terms of capacity and convenience for students, families, and teachers. For properties in a hazard area, FEMA would fund the acquisition of damaged properties, demolition of existing structures, and the placement of deed restrictions that would limit future uses to open space in perpetuity 3.2.2.7 Extending the Pressurized Water Service Area As a means of preventing future damage during wildfires, FEMA may fund the extension of pressurized pipelines to a developed area that is prone to repetitive fire damage. Under this action, an existing, pressurized system is extended so that fire hydrants can be installed in the area where damage is likely to occur. Installation, which involves excavation, is typically completed within the road right-of-way. 3.2.2.8 Developing Demonstration Projects Demonstration projects focus on public education and are designed to highlight procedures that can be employed by the public to reduce property damage during flood, fire, wind, and earthquake disasters. Potential demonstration projects would involve the development of a model facility to demonstrate how hazard mitigation technologies can be used to reduce the potential damage during a disaster. Flood demonstration projects would involve items such as elevating a structure or waterproofing windows and doors that are below the elevation of the 100-year flood event. A fire demonstration project would include vegetation management around a facility and/or replacing roofs, doors, and windows with fire-resistant materials. Wind and earthquake demonstration projects would include changes to the structural design of buildings to allow them to withstand higher wind velocity or more movement during an earthquake. 3.2.3 PROJECTS INVOLVING WATERCOURSES AND COASTAL FEATURES These projects may involve any inland watercourse such as streams, creeks, rivers, lakes, sloughs, bayous, etc. It also may involve ponds, vernal pools, and other wetlands that may be perennial (year-round), ephemeral (may be dry during a portion of the year), or intermittent (wet only during an actual rain event). Coastal features may include estuaries, lagoons, harbors, and beaches. All projects would employ standardized Best Management Practices (BMP’s) per state water quality standards and criteria, the California Stormwater Best Management Practice Handbooks, etc. in order to reduce soil erosion and prevent or reduce the amount of sediment entering the water course. All BMPs would comply with all state, federal, and local jurisdictional laws and requirements. All projects would comply with the guidelines, criteria, assumptions, and intent described in this PBA. 3.2.3.1 Repair, Stabilize or Armor Embankments These projects would involve the repair of earthen or rock embankments damaged by floodwaters. Examples include natural stream banks (such as those in parks); road, trail, and rail line embankments; embankments for irrigation and navigation canals; and levees used for flood control and reclamation. In addition to the repair of damaged features, FEMA may fund measures designed to prevent damage in future flood events. In addition to replacing fill material, embankments may be stabilized or armored through: • Bioengineering techniques, such as planting vegetation, placing root wads or willow (Salix sp.) bundles, etc. (Appendix D); • Placement of rock riprap; • Installation of retaining walls, geotextile fabrics, armorflex®, gabions, etc.; • Hardening with concrete or soil cement. Any combination of these techniques may be employed; for example, rock and geotextile fabrics, when used with root wads and willow bundles, may provide mitigation from erosion while enhancing the natural values of the stream corridor. 3.2.3.2 Create, Widen, or Dredge a Waterway These projects are employed to reduce the flood hazard to adjacent lands, facilities, or populated areas. Projects may include: • Construction of new channels to convey excess flows around flood-prone areas during flood events. Drainage swales, earthen channels, concrete channels, or sub-surface concrete pipes may be used as a means of water conveyance. The channel is constructed in a dry environment and connected to the stream after the channel has been completed. The channel may have an inlet weir that is higher than the elevation of the normal flow so that normal flows remain in the natural channel. The outlet may be armored with concrete or rock riprap to prevent excessive erosion of the existing channel. • Existing channels may be widened to allow the channel to convey a larger volume of water. Conveyance also may be increased by replacing earthen banks or channel bottoms with concrete. To the extent possible, the construction would be conducted from the top of the bank. In perennial streams, work in a stream channel would generally be restricted to the low-flow period. • As an alternative to constructing a bypass or modifying an existing channel, the existing channel may be cleared of vegetation or sediment to increase conveyance. This alternative is often used in developed areas where modifications are not feasible, as well as in areas where years of inadequate maintenance have allowed trees and brush to grow within the channel, or sediment and debris to accumulate in the channel, or around culverts and bridges. Vegetation may be removed through mechanical means, by hand, or by application of herbicides. Sediment and debris may be removed by dredging, through the use of heavy equipment, or by hand. All removed debris would be disposed of in compliance with existing laws and regulations. 3.2.3.3 Construct or Modify a Water Crossing Water crossings, such as culverts and bridges, can be eroded or entirely washed away by high stream flows, heavy rains, or storm-driven waves. Wind, earthquakes, or fire events may cause structural damage to bridges or culverts. FEMA may fund the repair or replacement of damaged water crossings; enlargement of openings to allow greater water conveyance and to reduce debris accumulation during floods; or the installation of bank protection and other means to reduce the risk of erosion. The capacity of a culvert crossing may be increased to reduce the risk of flooding to the surrounding area; the culvert may be modified to prevent overtopping or erosion of the crossing; or a bridge may be installed to replace a culvert as a means of increasing the flow capacity of a crossing. Culverts may consist of corrugated metal pipes, reinforced concrete pipes, and reinforced concrete box culverts, or other materials. Crossings also may be relocated to avoid high hazard areas, repetitive damage, or areas where reconstruction is not cost effective or is not feasible. Typical projects include: • Increasing the size of a culvert, or adding additional culverts; • Hanging the type of culvert; • Changing the location or alignment of the culvert; and • Adding features, such as a headwall, discharge apron, or riprap, to reduce the risk of erosion or damage to the culvert or the crossing. Destroyed bridges are replaced according to standard building and seismic safety codes. Bridges may be modified to increase channel capacity, thus reducing the risk of flooding, or to reduce the risk of damage to the crossing. Typical projects include: • Widening of existing openings, or construction of new openings; • Reconfiguration of bracing to reduce the risk that debris will be trapped; • Installation of protective features, such as concrete abutments or riprap, to reduce the risk of damage due to erosion and scour; and • Replacement of a multi-span structure with a clear-span structure. 3.2.3.4 Construct or Modify a Water Detention, Retention, or Storage Facility These projects include the construction, enlargement, or restoration of detention basins, retention basins, sediment ponds, and reservoirs to reduce flood flows or to provide a water source for fighting fires in an area of high fire hazard. The creation and/or enlargement of water storage reservoirs would be most frequently associated with flood disasters, and to a lesser extent fire disasters. Detention dams, retention dams, and sediment ponds would be constructed routinely to temporarily store flood flows so that downstream peak flows would be reduced. The stored water would be released at a slower rate so that the existing conveyances can convey the water without contributing to downstream flooding. Frequently in rural areas, fire fighting is heavily constrained by the lack of water that can be used by firefighters. In response to this need, proposed actions also may include the creation of retention dams in locations that can be readily accessed by firefighters either as a direct source of water or as a source of water to fill their water supply trucks. These projects also may include the repair or restoration of water retention and detention structures and sediment ponds. 3.2.3.5 Construct or Modify Other Flood Control Structures A flood control structure is a facility designed to prevent floodwaters from entering a flood-prone area. Typical examples include levees (also referred to as dikes) and floodwalls. These may be damaged by high water from floods, storm driven waves, and structural damage from earthquakes. Projects typically include: • Repairing damaged facilities, usually during emergency situations; • Installing embankment protection, as described above; • Raising the height of existing facilities to prevent overtopping in future floods; • Constructing new facilities to protect flood-prone areas from damage during future floods; and • Modifying or installing interior drainage systems to reduce the risk of damage behind levees and floodwalls during heavy rains or flooding events on tributary streams. Levees are repaired or constructed using compacted fill and, in some cases, geotextile fabric and riprap protection at the base. Typically, a gravel road is installed on the crest of the levee to allow for maintenance. Floodwalls, usually built in urban areas, are constructed using reinforced concrete or grouted and/or reinforced concrete block. Excavation is necessary to install footings. Both types of facilities may include interior drainage systems that may include pumps for removing accumulated water. Bare earth is often seeded with grasses to prevent erosion. 3.2.3.6 Construct or Modify a Coastal Feature These projects include the repair, replacement, or construction of facilities in coastal environments, such as estuaries, bays, inlets, harbors, and beaches. These facilities typically include: • Recreational facilities, such as piers and boat ramps; • Facilities for maritime use, such as docks and slips; • Shoreline protection devices, such as seawalls, groins, jetties, and revetments; and • Coastal flood control structures, such as levees Construction activities generally occur in the water and typically involve driving piles, placing rock or soil, or dredging sand, mud, or other sediment. Minor improvements to meet current building and safety codes, or to prevent future damage in disasters, also may be funded. 3.2.4 VEGETATION MANAGEMENT Vegetation management is employed to reduce the risk of wildfire and to increase the ability of channels to convey flows, thus reducing the risk of flood damage. These projects may be accomplished using mechanical means, hand clearing, managed animal grazing, application of herbicides, or through the use of prescribed fire. Some projects may include combinations of these methods. 3.2.4.1 Mechanical or Hand-Clearing of Vegetation This action would involve construction, expansion, and/or maintenance of fuel breaks and fuel reduction zones. For the purpose of this document, fuel breaks are corridors where all woody vegetation has been removed. The purpose of a fuel break would be to reduce the extent of fire and to provide a location in which firefighters can work safely and effectively. Fuel breaks also can be compacted or graded for use as fire access roads. Fuel reduction zones reduce the speed at which a fire spreads and creates a safer environment for firefighters. Mechanical removal would use heavy equipment that can uproot, crush, pulverize, or cut the trees and brush to be removed. Hand removal would involve the use of chainsaws, axes, and hoes to cut and uproot vegetation. Vegetation downed as a result of mechanical or hand removal would be piled and burned on site, chipped and spread on site, or loaded and hauled from the site. After the removal of the targeted vegetation, cleared areas may be re-vegetated with native fire-resistant species. The project proponent (i.e., the sub-grantee) would be responsible for the maintenance of created fuel breaks and fuel-reduction zones. On occasion, mechanical and/or hand removal of vegetation may be employed around a much larger area that has been targeted for a prescribed fire to reduce the potential that the set fire will escape from the burn area. 3.2.4.2 Herbicidal Treatments Only registered chemicals will be used to control the growth of undesired vegetation. Only chemicals approved for aquatic use would be used in or near aquatic environments. A registered pesticide applicator will apply all such chemicals that require an applicator’s license. After treatment, some areas may be re-vegetated with locally occurring, native vegetation that is fire resistant. Actions generally associated with herbicidal treatment of vegetation include the removal of targeted exotic invasive species within specific areas (e.g., Eucalyptus sp.) and the prevention of growth and re-sprouting of undesirable vegetation (e.g., Baccharis sp.) once an area has been cleared of excessive vegetation by mechanical removal, hand removal, and/or prescribed fires. Regulations at 50 CFR Part 402.04 provide that ‘‘the consultation procedures may be superseded for a particular Federal agency by joint counterpart regulations among that agency, the Fish and Wildlife Service, and the National Marine Fisheries Service (NMFS).” The Service, in cooperation with NMFS and the Environmental Protection Agency (EPA), have published Joint Counterpart Regulations that govern the ESA section 7 consultation process for the use of pesticides in or near federally-listed species and their habitats (69 FR 47732). FEMA will defer to the consultation procedures as described in 69 FR 47732 for all projects involving the use of registered pesticides (i.e., if it is already approved for use in federally-listed species habitats per the process set forth in the Joint Counterpart Regulations, no additional section 7 consultation will be initiated). Exceptions to this include all projects that occur in areas within the known range and/or habitat of federally-listed species deemed to be “critically” endangered due to their current population numbers and distributions (e.g., Solano grass (Tuctoria mucronata), showy Indian clover (Trifolium amoenum), Baker’s larkspur (Delphinium bakeri), etc.) (Identified in Appendix A under “status” column as an E with and asterisk [E*]). FEMA will initiate individual ESA section 7 consultation with the Service in all such cases because the risk of extinction due to pesticide use in and around “critically” endangered species such as these is extremely high and, therefore, may result in jeopardizing the continued existence of the species. In these cases, the Joint Counterpart Regulations also require the initiation of section 7 consultations with the Service. 3.2.4.3 Prescribed Fire Prescribed fires would be used in areas with high fire-hazard potential exists due to the amount of fuel available in the environment. The intent of a prescribed fire is to systematically reduce the amount of fuel in a controlled manner, thereby reducing the duration and intensity of wildfires. This is similar to the discussion above about fuel-reduction zones, except that the treatment area is typically larger. Prescribed fires would require interagency coordination by the project proponent to ensure that all appropriate federal, state, and local agencies have been notified of the action, that all laws and regulations have been fulfilled, and that standardized safety and implementation protocols, and other concerns, have been addressed. FEMA also requires that the applicant follow the burn procedures outlined in the most recently available edition of the California Environmental Protection Agency’s Forest Management Burning Handbook. As discussed previously, prescribed fire projects frequently would be combined with mechanical and/or hand removal of vegetation around the perimeter of the proposed burn area to help ensure that a fire is controlled and contained within the prescribed area. Prescribed fire actions also may include the burning of trees and brush that have been piled as the result of mechanical and/or hand removal activities. The burning of these piles may require a burn plan, permits, and interagency coordination prior to implementation. 3.2.4.4 Biological Control Under this action, the project proponent would allow cattle, horses, goats, sheep, or other livestock to graze on vegetation as a means of control. The type of animals, timing, duration, and stocking rate would be selected based on the targets (i.e., the quantity and quality of residue to remain) of an approved vegetation management plan. The project proponent would fence the area proposed for grazing so that the animals would not graze outside of the proposed area. Fences that are appropriate to the target species (i.e., 5-strand barbed wire for cattle; temporary electric fencing for goats, etc.) would be installed and a buffer fence located a minimum of approximately 100 feet from the center of all streams, creeks, and rivers would be provided to control grazing animals from permanently damaging the channel and riparian vegetation. This buffer fencing would have gated access points to allow the grazing manager to systematically rotate the animals through the riparian area to better manage the streamside vegetation. Appropriately spaced and sized water gaps also may be included in the buffer fencing to allow animals to access water ad libidum. In cases where ponds and other water sources support known populations of federally-listed species, fences with gates would be installed around these areas in order to control the stocking rate, timing, and duration of the grazing at a level that does not adversely affect the species. 4 Threatened and Endangered Species 4.1 THREATENED AND ENDANGERED SPECIES Threatened and endangered species have undergone major population declines as a result of human-induced factors that intensify the adverse effects of natural environmental stochastic events. Well-distributed populations, within an unfragmented or degraded habitat, with high numbers of individuals that are secure from the threats of genetic, demographic, and normal environmental uncertainties, help to eliminate the possibility of species extinctions (Mangel and Tier 1994, Meffe and Carroll 1994, National Research Council 1995, Tear et al. 1993). In general, the goal for listed-species survival and recovery is to have a larger number of populations and a larger size of each population so that there is a lower probability of extinction (Hanski et al. 2002, Matthies et al. 2004, Meffe and Carroll 1994). This basic conservation principle of population redundancy applies to all listed species. All habitats in California support federally-listed species; the most prominent include uplands, forests, riparian, and wetlands. These habitats support federally-listed species by providing breeding, feeding, and sheltering areas necessary for those species survival. For example, federally-listed reptiles and amphibians, such as the San Francisco garter snake (Thamnophis sirtalis tetrataenia) and the California tiger salamander (Ambystoma californiense), use upland hibernacula and aestivation areas that are adjacent to breeding/foraging ponds and wetlands; threatened butterflies, such as the bay checkerspot (Euphydryas editha bayensis) and the callippe silverspot (Speyeria callippe callippe), use uplands as breeding, foraging, and dispersal habitat and their larvae use very specific host plants, such as Viola pedunculata and Plantago erecta, found only within these fragmented upland landscapes. The least Bell’s vireo (Vireo bellii pusillus) and the western yellow-billed cuckoo (Coccycus americanus) use riparian areas almost exclusively for their breeding and foraging needs, while spotted owls (Strix occidentalis ssp.) and marbled murrelets (Brachyramphus marmoratus) breed and forage within stands dominated by redwood (Sequoia sempervirens) and Douglas fir trees (Pseudotsuga menziesii var. menziesii). While FEMA’s role in a federally-declared disaster is to provide necessary funding to disaster-assistance applicants, it is also their mandate from the U.S. Congress to use their authority for furthering the purposes of the ESA (Section 7(a)(1)). To the maximum extent practicable, FEMA will ensure that habitat which is critical for the long-term recovery and conservation of federally-listed species is not further lost, degraded, or destroyed as a result of FEMA-funded projects by ensuring that all funding recipients follow the criteria, guidelines, assumptions, and intent of this PBA and the subsequent programmatic ESA section 7 consultation documents. 4.1.1 ENDANGERED SPECIES ACT DEFINITIONS The term “take” is defined in section 3 of the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, capture, or collect, or to attempt to engage in any such conduct.” The term “harass” in the definition of “take” in the ESA is defined as an intentional or negligent act or omission which creates the likelihood of injury to wildlife by annoying it to such an extent as to significantly disrupt normal behavioral patterns which include, but are not limited to, breeding, feeding, or sheltering (50 CFR Part 17.3(c)). The term “harm” in the definition of “take” in the ESA is defined as an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering (50 CFR Part 17.3(c)). The term “critical habitat” is defined in section 3 of the ESA for a threatened or endangered species to mean: “(i) the specific areas within the geographical area occupied by the species, at the time it is listed in accordance with the provisions of section 4 of the ESA, on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographical area occupied by the species at the time is it listed in accordance with the provisions of section 4 of the ESA, upon a determination by the Secretary that such areas are essential for the conservation of the species.” (ESA Section 3 (5)(A)). The term “direct effect” is defined as the direct or immediate effects of the project on the species or its habitat. Direct effects result from the action including the effects of interrelated actions and interdependent actions. Interrelated actions are actions that are no part of a larger action and depend on the larger action for their justification. Interdependent actions are actions having no independent utility apart from the proposed action (50 CFR Part 402.02) The term “indirect effect” are those effects that are caused by the proposed action and are later in time, but still are reasonably certain to occur (50 CFR Part 402.02). The term “adverse modification” is defined as “a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical” (50 CFR Part 402.02). 4.1.2 CRITICAL HABITAT Critical habitat identifies those areas that require protection or special management to provide for the recovery of federally listed species. To be included in a critical habitat designation, the habitat must first be essential to the conservation of the species. Critical habitat designations identify, to the extent known using the best scientific and commercial data available, habitat areas that provide essential life cycle needs of the species (i.e., areas on which are found the Primary Constituent Elements (PCEs), as defined at 50 CFR Part 424.12(b)). Regulations found at 50 CFR Part 424.12(e) states “the Secretary shall designate as critical habitat areas outside the geographic area presently occupied by the species only when a designation limited to its present range would be inadequate to ensure the conservation of the species. “ Accordingly, when the best available scientific and commercial data do not demonstrate that the conservation needs of the species so require, the Service will not designate critical habitat in areas outside the geographic area occupied by the species. The Service may exclude areas from critical habitat designation when the benefits of exclusion (e.g., economic impact, impacts to national security, and any other relevant impact) outweigh the benefits of including the areas within critical habitat, provided the exclusion will not result in extinction of the species. Critical habitat receives protection under section 7 of the ESA through the prohibition against destruction or adverse modification of critical habitat with regard to actions authorized, funded, or carried out by a Federal agency. Section 7 of the ESA also requires conferences on Federal actions that are likely to result in the destruction or adverse modification of proposed critical habitat. Aside from the added protection that may be provided under section 7, the ESA does not provide other forms of protection to lands designated as critical habitat. Because consultation under section 7 of the ESA does not apply to activities on private or other non-Federal lands that do not involve a Federal nexus, critical habitat designation does not afford any additional regulatory protections under the ESA against such activities. Critical habitat designations do not signal that habitat outside the designation is unimportant to federally listed species. Areas outside the critical habitat designation will continue to be subject to conservation actions that may be implemented under section 7(a)(1), and to the regulatory protections afforded by the section 7(a)(2) jeopardy standard and the section 9 take prohibition, as determined on the basis of the best available information at the time of the action. In accordance with section 3(5)(A)(i) of the ESA and regulations at 50 CFR Part 424.12, in determining which areas to propose as critical habitat, the Service must consider those physical and biological features (Primary Constituent Elements, PCEs) that are essential to the conservation of the species, and that may require special management considerations or protection. These include, but are not limited to: space for individual and population growth, and for normal behavior; food, water, air, light, minerals, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, and rearing of offspring; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. The PCEs that are essential to the conservation of the federally listed species addressed in this PBA are found in Appendix E of this document. 4.1.3 ESTIMATED INCIDENTAL TAKE AND DESTRUCTION AND ADVERSE MODIFICATION OF CRITICAL HABITAT FEMA anticipates that their federally funded projects may, at times, result in the incidental injury or death of individuals of some federally listed species addressed in this PBA. However, FEMA anticipates that incidental take of the species will be difficult, if not impossible, to detect at any given project site because there have been no formal surveys for most species or habitats in areas where projects are likely to occur; some species are very small and secretive, or they occur in habitats that make detections difficult (i.e., turbid water, dense cover, high canopy, underground burrows, and cryptic coloration), thereby making them nearly impossible to locate during survey efforts; finding a dead or injured species is unlikely within a project activity area; and/or mortality may be masked by seasonal fluctuations in numbers or other causes (e.g., oxygen depletions for aquatic species, migration and hibernation of terrestrial species, etc.). Therefore, it is not possible to make an accurate estimate of the number of individuals of federally listed species that will be injured or killed. FEMA assumes, however, that the implementation of all of the proposed conservation measures in Appendices B & C will minimize to the absolute maximum extent practicable, the amount of injury and mortality to federally listed species at or near a FEMA-funded project site. It is also assumed that all federally listed species at or near a FEMA-funded project location may be harassed, at least temporarily during project activities even though all general and species-specific conservation measures are implemented by the project proponent. In instances where incidental take is difficult to detect, the Service generally estimates the amount of incidental take in terms of the number of acres of habitat affected as a result of the action. Using this precedence, FEMA is anticipating that not more than one (1) acre of actual habitat will be affected at any given project site. This one (1) acre of actual habitat will not represent more than five percent (5%) of the number of individuals or habitat of any population or colony, or five percent (5%) of the entire range or population of a federally listed species. This estimate is for actual federally-listed species habitat that is “appreciably diminished” in its conservation value and it includes all activities associated with the federally funded project (e.g., staging areas, borrow sites, parking areas, routes of ingress and egress, etc.). This estimate does not include non-habitat areas. For example, FEMA may fund the repair and re-graveling of ten miles of road surface; since the work is completed wholly within the roadway right-of-way with all general and species-specific conservation measures implemented, as appropriate, no actual habitat is estimated to be affected. Another example may be the repair or replacement of a culvert where the work is completed wholly from the roadway; in this example, only habitat that is immediately adjacent to the culvert is affected and counted as part of the estimate. FEMA anticipates that out of an estimated 5,400 potential projects that will request federal assistance in response to the FEMA-1628-DR-CA and FEMA-1646-DR-CA disaster declarations that not more than a cumulative total of 900 acres of actual habitat for the more than 150 federally listed species in all 35 counties declared under these disasters will be affected as a result of the proposed programmatic action. This estimate is based on the assumption that approximately 900 projects will require environmental review to ensure compliance with the ESA. This estimate does not include projects valued at less than $57,500 that will be sent to the U.S. Army Corps of Engineers per the agreement found in Attachment 1 of this document. The corps will address the section 7 issues associated with those projects per their own guidelines. As such, no more than a maximum of 900 FEMA projects could result in a maximum of one (1) acre of adverse effects to the habitat for a total of 900 acres. FEMA believes, based on these estimates, that designated or proposed critical habitat will not be appreciably diminished (i.e., to a noticeable or measurable degree) in its value towards the conservation of federally listed species affected by the proposed actions. Therefore, no federally listed species existence will be jeopardized and no destruction or adverse modification of designated or proposed critical habitat will occur when all of the proposed general and species-specific conservation measures found in Appendices B & C are implemented. FEMA will initiate individual consultation on all projects where more than one (1) acre of actual habitat may be directly or indirectly affected and/or where more than five percent (5%) of the number of individuals or habitat of any population or colony, or five percent (5%) of the entire range or population of a federally listed species, will be adversely affected. 4.1.4 CRITICALLY ENDANGERED SPECIES The Service believes there are certain federally listed species that require additional protective measures in order to ensure that these species do not become extinct in the immediate foreseeable future; these species are referred to as “critically” endangered species in this document. This designation includes species with only one remaining known population, species that are currently being raised in captivity for future reintroduction efforts, species that are designated by the State of California to be “State Fully Protected” species, species with very small population sizes such that there survival and recovery is questionable due to factors such as inbreeding and deleterious genetic outcomes, and other “special status” species as determined by the Service. “Critically” endangered species are indicated in Appendix A under the “status” column as an ‘E’ with an asterisk (E*). FEMA will initiate individual ESA section 7 consultations with the Service for all projects that are likely to adversely affect “critically” endangered species due to their extreme risk of extinction. 5 Evaluation of Typically Recurring Actions 5.1 EVALUATION OF TYPICAL RECURRING ACTIONS The actions funded by FEMA during disaster response efforts are not intended to adversely affect federally-listed species or their habitats. However, any activity that involves work in an area with federally-listed species, no matter what the intent, has the potential to negatively affect those resources without careful planning. The proposed actions discussed previously in this PBA may affect threatened and endangered species by disturbing the breeding, feeding, mating, and sheltering of these species. These affects may be direct or indirect, and either temporary or permanent. Effects that may occur as a result of the actions described in this PBA include the direct or indirect disturbance, modification, or destruction of habitat such that it results in the death, injury, or harassment of individuals or populations of listed species, or impedes or prevents the dispersal of individuals or populations of listed species. For example, earthmoving activities conducted in snake or salamander habitat can directly kill or injure individuals by crushing them under heavy equipment or by burying them alive within a burrow system; the replacement of culverts can indirectly impact vernal pools and their obligate invertebrate and plant species by altering the hydrology of the locally-contributing watershed; or the replacement of bridge pilings can indirectly cause nesting marbled murrelets and spotted owls to abandon their nesting efforts due to excessive noise levels within the breeding habitat. FEMA is proposing both general conservation measures (Appendix B) and species-specific conservation measures (Appendix C) in order to prevent adverse effects to federally-listed species and their habitats to the maximum extent practicable while still accomplishing their disaster response mission. Specific actions that adversely affect listed species may include, but are not limited to: • temporary or permanent loss, fragmentation, and degradation of habitat; e.g., earthmoving activities that directly kill or injure an individual; or the removal or modification of the overstory canopy such that it indirectly affects a species through increased downstream water temperatures; • increasing the amount of debris or pollutants in the habitat; e.g., type, use, or placement of construction material within a stream that supports frogs or fish; spills and/or runoff of construction equipment fuel, etc.; • increasing the amount of sedimentation in the water; e.g., erosion from improperly maintained sediment control devices, etc.; and • withdrawing, de-watering, diverting, degrading, or otherwise negatively affecting water flow either upstream or downstream of a project site; e.g., improperly designed stream crossings or diversions, installing coffer dams, etc. In cooperation with the Service, FEMA has identified three categories of typically recurring FEMA-funded projects. These categories are described below. Category 1—No Effect: Projects having no effect (NE) on the listed species or their habitats. “No effect” is defined as having no measurable or discernable effect to the species or their habitat. Consultation with the Service would not be required when FEMA makes a “no effect” determination. Category 2—Not likely to adversely affect: Projects not likely to adversely affect (NLAA) listed species or habitat. “Not likely to adversely affect” is defined as having an effect that is insignificant, discountable, or wholly beneficial. For such projects, FEMA would initiate project-specific, ESA section 7 consultations with the Service for all projects not previously covered under a programmatic “not likely to adversely affect” concurrence letter from the Service. Category 3—Likely to adversely affect: Projects likely to adversely affect (LAA) listed species, and therefore requiring take authority through the issuance of a biological opinion. A determination of “likely to adversely affect” occurs when the action is likely to directly or indirectly have an adverse effect to a listed species or its critical habitat. For such projects, FEMA would initiate project-specific, ESA section 7 consultations with the Service for all projects not covered under a programmatic biological opinion previously issued by the Service. 5.1.1 CATEGORY 1 – NO EFFECT The actions listed below are determined to have “no effect” on federally-listed species or their habitats provided that they are implemented in a manner that meets the guidelines, criteria, assumptions, and intent as described below and throughout this PBA. It will be incumbent upon FEMA (and their applicants and sub-grantees) to ensure that a decision to proceed with an action determined to have “no effect” on a federally-listed species or their habitats is correctly justified and well documented in order to avoid a possible violation under section 9 of the ESA. Actions determined by FEMA to have “no effect” do not require additional consultation with the Service. Appendices B & C outline general and species-specific conservation measures that will be adhered to for all actions determined by FEMA to be “no effect” actions. In general, FEMA considers all actions occurring where there are no known federally-listed species and/or actions occurring outside of federally-listed species’ habitats, especially designated critical habitat and/or recommended recovery areas as “no effect” actions. Specific actions and examples that also may be “no effect” actions include: 5.1.1.1 Non-emergency debris removal: a. Removal of rock, silt, sediment or woody debris as a result of floodwaters, heavy rains, earthquakes, wind storms, fires, or other disasters, from a previously disturbed area with no federally-listed species or where no indirect effects will occur to federally-listed species or their habitats. Examples may include storm-water detention basins, city streets, city parks, residential or commercial lots, creeks, streams, canals, drainages, etc. with no federally-listed species or habitats nearby (Exhibit 2); b. Removal of building rubble and other debris from public areas or facilities following a disaster (e.g., residential and commercial buildings within a city) when those activities occur wholly within a previously disturbed site (such as an urbanized area) with no federally-listed species or habitats nearby (e.g., the debris removal truck can drive to a residential lot on an existing city street); 5.1.1.2 Upgrading or otherwise modifying buildings: a. Upgrading buildings to meet current codes and standards; b. Repairing buildings (e.g., replacement of windows, walls, roofing material, etc.); c. Making buildings more fire resistant by replacing roofs and doors with fire-resistant materials; d. Making buildings safer during fires by installing indoor sprinkler systems and alarms; e. Installing bracing, shear wall, shear panels, anchors and other features so that building withstand earthquakes, floods, or high wind loads; f. Flood-proofing buildings or elevating structures above the expected flood level (Exhibit 3); A project involving fill placement or other ground disturbance activities in an area with federally-listed species or their habitat, in order to elevate or flood-proof a structure adjacent to a watercourse above flood levels is NOT eligible under this category. A project of that nature would be considered under Category 2 or Category 3 below. g. Modifying buildings to meet another need of the project proponent, such as with an improved action or an alternate action (described previously), provided those actions are confined within a previously disturbed area with no federally-listed species or habitats and have no affect on federally-listed species or their habitats. 5.1.1.3 Providing temporary facilities: Providing temporary facilities within a previously disturbed area (i.e., within a pre-existing residential or commercial area). For example, constructing pads for dwellings where dwellings previously existed prior to the disaster; constructing, re-constructing, or clearing roads, streets, parking lots, etc. within a city or town where no federally-listed species or habitats occur; installing overhead and underground utilities such as water, sewer, electricity, street lighting, telephone, and cable provided that the installation will have no effect on federally-listed species or their habitats (e.g., non-destructive, trench-less cable installation), and installing fencing (i.e., chain link) for security, control, etc.). 5.1.1.4 Acquiring and demolishing existing facilities: Acquiring and demolishing existing facilities provided that the demolition and hauling of the debris will have no effect on federally-listed species or their habitats (e.g., no new roads will be constructed to access the demolition site). 5.1.1.5 Repairing, realigning, or otherwise modifying roads, trails, utilities, or rail lines: FEMA will make “no effect” determinations for these types of projects only when the work will be wholly contained within the previously-existing footprint such that no activity and no direct or indirect effect will occur outside of that footprint and/or there are no federally-listed species or their habitats present (Exhibit 4). 5.1.1.6 Constructing new facilities or relocating existing facilities: FEMA will make “no effect” determinations for these types of projects only when there are no federally-listed species or their habitats present or when the work will be wholly contained within a previously-disturbed area such that no activity and no direct or indirect effect will occur outside of that area. 5.1.1.7 Relocating the function of an existing facility: Relocating the function of an existing facility provided that the relocation does not require additional construction of infrastructure (e.g., roads) where federally-listed species or their habitats occur. For example, relocating students from a damaged or flood-prone school to a nearby existing school would be a “no effect” action. 5.1.1.8 Extending the pressurized water service area: Extending the pressurized water service area provided that the system is not extended into areas where federally-listed species or their habitats occur (e.g., trenching through a population of listed plants to install a fire hydrant). 5.1.1.9 Developing demonstration projects: Developing demonstration projects for the purposes of public education and outreach, provided that the project does not require an action where federally-listed species or their habitats occur (e.g., building a display or holding a demonstration within listed species habitat). 5.1.1.10 Actions involving watercourses and coastal features: FEMA anticipates making “may affect” determinations for these types of projects, unless projects occur in an area where no federally-listed species or their habitats occur. Projects include: a. Repairing, stabilizing, or armoring embankments; b. Creating, widening, clearing, or dredging a waterway; c. Constructing or modifying a watercourse crossing; d. Constructing or modifying a water detention, retention, or storage facilities; e. Constructing or modifying other flood control structures; f. Constructing or modifying coastal features. 5.1.1.11 Vegetation management: a. Biological control of vegetation including the use of sheep, cattle, horses, goats, or other livestock, provided that the timing, duration, and intensity of the grazing is conducted according to an approved vegetation management plan or grazing plan, and it has been determined previously by the Service to be compatible with federally-listed species and their habitats (i.e., is a recommended action in a published recovery plan); b. Mechanical and/or hand clearing of vegetation may fall under a “no effect” determination if the action is carefully planned and implemented within federally-listed species habitats. FEMA will evaluate each project on a case-by-case basis prior to making a determination; c. Herbicide treatment: except in the absence of federally-listed species or their habitats, FEMA will not make “no effect” determinations for these types of projects. 5.1.2 CATEGORY 2 - NOT LIKELY TO ADVERSELY AFFECT The actions listed below are “not likely to adversely affect” federally-listed species or their habitats provided that they are implemented in a manner that meets the guidelines, criteria, assumptions, and intent as described below and throughout this PBA. Appendices B & C outline general and species-specific conservation measures that will be followed in their entirety, as applicable, in order to ensure that FEMA-funded projects meet Category 2 requirements. All standardized BMPs, as recommended and/or required by all regulatory agencies such as the state regional water quality and air quality boards, county grading permits, California Department of Fish and Game Code section 1600 Streambed Alteration Agreements, etc. also will be implemented to ensure FEMA-funded actions avoid and minimize adverse effects on federally-listed species or their habitats. For projects that initially fall into Category 2, FEMA may choose to work with the Service to modify those projects, on a case by case basis, to achieve a Category 1 “no effect” status, when possible. Effects that are insignificant, discountable, or wholly beneficial are, by definition, allowable effects under Category 2. It will be incumbent upon FEMA (and their applicants and sub-grantees) to ensure that a decision to proceed with an action determined as “not likely to adversely affect” a federally-listed species or their habitats is correctly justified and well documented in order to avoid a possible violation under section 9 of the ESA. In order for the actions described below to not adversely affect federally-listed species or their habitats, all work will be conducted in an area, from a location, or in such a manner that it will not directly or indirectly kill or injure a federally-listed species, will not intentionally or negligently harass a federally-listed species to such an extent as to significantly disrupt normal behavioral patterns, and will not negatively affect federally-listed species habitats. Project planning will consider not only the effects of the action itself, but also all ancillary activities associated with the actions, such as equipment staging and refueling areas, topsoil or spoils stockpiling areas, material storage areas, disposal sites, routes of ingress and egress to the project site, and all other related activities necessary to complete the project. Projects that are conducted in the vicinity (e.g., within the same watercourse, within the same city or town, within the same USGS quad, on the same property, or by the same applicant) of other federally-funded actions may not be eligible under Category 2 due to their cumulative or otherwise interrelated and/or interdependent affects on federally-listed species and their habitats. For example, the repair of multiple erosion sites along a canal or creek will have cumulative affects upstream and downstream of each individual project site. FEMA will not make a “not likely to adversely affect” determination on this type of project without further consultation with the Service. Appendices B & C outline general and species-specific conservation measures that will be adhered to for all actions determined by FEMA to be “not likely to adversely affect” actions. Specific actions may include: 5.1.2.1 Non-emergency debris removal: a. Removal of rock, silt, sediment or woody debris that has been deposited by floodwaters, heavy rains, earthquakes, wind storms, fires, or other disasters in an area with known federally-listed species or their habitat, but where no federally-listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no federally-listed species habitats will occur. A specific example is the removal of debris from a lakeshore located within federally-listed species habitat but with no recorded federally-listed species at the place of proposed activity (Exhibit 5); b. Removal of building rubble and other debris from areas or facilities (e.g., residential and commercial buildings within a city) following a disaster when federally-listed species or habitats are nearby and the only affect would be one of increased activity in the general vicinity, increased noise, etc. and where all conservation measures as outlined in Appendices B & C are implemented. 5.1.2.2 Upgrading or otherwise modifying buildings: a. Upgrading buildings to meet current codes and standards, when such activities are conducted in the vicinity of federally-listed species or within federally-listed species habitats and the only affect would be one of increased activity in the general vicinity, increased noise, etc. and where all conservation measures as outlined in Appendices B & C are implemented; A project involving fill placement or other ground disturbance activities in a previously disturbed area in order to elevate or flood-proof a structure adjacent to a watercourse above flood levels would be considered “not likely to adversely affect” federally-listed species or their habitats if no federally-listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no federally-listed species habitats occur. b. Modifying buildings to meet another need of the sub-grantee, such as with an improved action or an alternate action (described previously), provided the only effect would be one of increased activity in the general vicinity, increased noise, etc. and where all conservation measures as outlined in Appendices B & C are implemented. 5.1.2.3 Providing temporary facilities: Providing temporary facilities within the immediate proximity of federally-listed species or within their habitat, provided that the appropriate conservation measures are implemented such that no federally-listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no federally-listed species habitats will occur. Examples include developing pads for dwellings after implementing actions to remove or exclude all federally-listed species from the area where the pad was to be constructed (i.e., exclusionary fencing with one-way exit funnels, delaying the action until after seed set of federally-listed plant species, re-aligning trenching routes to avoid destruction of burrows used by federally-listed species, etc.). 5.1.2.4 Acquiring and demolishing existing facilities: Acquiring and demolishing existing structures, provided that any demolition or hauling of debris that is done in the immediate proximity of federally-listed species or within their habitats is done in a manner that results in insignificant, discountable, or wholly beneficial effects (e.g., use of existing roads, posting and enforcing slow travel speeds to prevent accidental death or injury of a federally-listed species by construction vehicles, dirt and/or gravel roads are watered to prevent excessive dust, noise is kept to an absolute minimum, etc.). 5.1.2.5 Repairing, realigning, or otherwise modifying roads, trails, utilities, or rail lines: Repairing, realigning, or otherwise modifying roads, trails, utilities, or rail lines provided that equipment is operated from an existing road to repair the road surface (i.e., grading or paving) or to repair washed out shoulders or ditches. A specific example is where an existing road that bisects federally-listed species habitat is undermined and needs repaired, species are not known to occur in the immediate adjacent area, but they may use the area occasionally for dispersal (Exhibit 6). 5.1.2.6 Constructing new facilities or relocating existing facilities: Constructing new facilities or relocating existing facilities, provided that the construction or relocation of a facility is done in a location and/or in a manner using the appropriate conservation measures such that no federally-listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no federally-listed species habitats occur. Examples include constructing new facilities on a previously-disturbed site that is adjacent to federally-listed species habitats but where no individuals will be incidentally taken by the action (e.g., an individual wanders into the construction area and is hit by a vehicle or piece of equipment). 5.1.2.7 Relocating the function of an existing facility: FEMA does not anticipate that relocating the function of an existing facility will require a “not likely to adversely affect” determination, except in rare circumstances where, for example, relocating students from a damaged school to an existing school required modifications to existing utilities or roads such that there may be an effect on federally-listed species or their habitats. In those cases, the relocation of the facility’s function would be done in a manner consistent with the appropriate conservation measures such that no federally-listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no federally-listed species habitats occur. If a facility cannot be relocated in such a manner, it will not qualify under Category 2 and must be considered under Category 3 as a “likely to adversely affect” action. 5.1.2.8 Extending the pressurized water service area: Extending the pressurized water service area provided that the appropriate conservation measures are implemented such that no listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no adversely modified listed species habitats will occur. Examples include delaying trenching through a population of listed plants until the plants have set seed, re-routing trenching areas to avoid significant affects to listed species and their habitats, etc.). 5.1.2.9 Developing demonstration projects: Developing demonstration projects for the purposes of public education and outreach, provided that the project is implemented such that no listed species will be directly or indirectly killed, injured, or intentionally or negligently harassed to such an extent as to significantly disrupt their normal behavioral patterns, and where no adversely modified listed species habitats will occur (e.g., building a display or holding a demonstration at the edge of listed species habitat rather than within the habitat). 5.1.2.10 Actions involving watercourses and coastal features: In general, all work conducted in a watercourse will be conducted in a dry channel during the dry period, generally defined as June 15-October 15, and in accordance with terms and conditions in California Department of Fish and Game Code section 1600 Streambed Alteration Agreements and any conditions imposed by the state water quality control board, air quality control board, Corps permits, county grading permits, etc. In coordination with the Service, some modifications may be made to the timeframe on a site specific basis provided that change does not conflict with other regulatory requirements. a. repairing, stabilizing, or armoring embankments using the exact material (or more environmentally-friendly materials) that were pre-existing at the site, replacing the exact amount (i.e., volume or linear feet) of material that was lost or damaged, and placing it in the exact same location where the material previously existed, using normally accepted, standardized engineering practices, and following the conservation measures as outlined in Appendices B & C. For example, replacing a few feet or riprap along a bridge abutment where riprap previously existed and where no federally-listed species or their habitats occur or replacing soil that eroded from an embankment due to wave action (Exhibit 7). Projects of this nature will be determined to “not likely to adversely affect” federally-listed species or their habitats when there are only federally-listed plant species present provided that the activity would not result in adverse affects to the species or destruction or adverse modification of designated or proposed critical habitat. Projects such as these that are conducted in areas with federally-listed non-plant species or their habitats may not qualify for a “not likely to adversely affect” determination due to the definition of take in the ESA. All federally-listed non-plant species require an Incidental Take Statement that can only be issued in a biological opinion from the Service. FEMA would only make a “not likely to adversely affect” determination on projects of this nature upon further consultation with the Service. If bioengineering techniques are used, additional types of materials, volumes, linear footages, and placements also could be considered to not likely to adversely affect listed species or their habitats. The project proponent should contact the appropriate Service Field Office for site-specific guidance prior to proceeding. b. Creating, widening, clearing, or dredging a waterway: given the direct and indirect effects to federally-listed species and their habitats that are typically associated with these types of actions (e.g., increased sedimentation), FEMA anticipates that they will make few, if any, “not likely to adversely affect” determinations for these actions. Under certain circumstances where appropriate conservation measures can be implemented in order to avoid all take of federally-listed species and their habitat, it may be possible; however, it is anticipated that these actions will be reviewed for qualification under Category 3 below. c. Constructing or modifying a watercourse crossing (e.g., culvert or small bridge) with the exact same size culvert or bridge, using the exact same materials (or more environmentally-friendly materials), in the exact same location as it previously existed, when no federally-listed species or their habitats are present in the immediate proximity of the project (i.e., where an individual will be killed or injured) and with no upstream or downstream effects. For example, a culvert replacement at a site where California red-legged frogs are detected at the site or are previously known to occupy the site would not qualify because an Incidental Take Statement would be needed to harass or harm the frogs; whereas a culvert replacement in a creek with known California red-legged frogs, but where no frogs are detected at the site or are previously known to occupy the site, would qualify if all guidelines, measures, assumptions, and intentions of this document were met; d. Constructing or modifying a water detention, retention, or storage facilities: FEMA anticipates that they will make few, if any, “not likely to adversely affect” determinations for these actions when federally-listed species or their habitats are present. Under certain circumstances where appropriate conservation measures can be implemented in order to avoid all take of federally-listed species and their habitat, it may be possible; however, it is anticipated that these actions will be reviewed for qualification under Category 3 below. e. Constructing or modifying other flood control structures: FEMA anticipates that they will make few, if any, “not likely to adversely affect” determinations for these actions when federally-listed species or their habitats are present. Under certain circumstances where appropriate conservation measures can be implemented in order to avoid all take of federally-listed species and their habitat, it may be possible; however, it is anticipated that these actions will be reviewed for qualification under Category 3 below. f. Constructing or modifying coastal features: FEMA anticipates that they will make few “not likely to adversely affect” determinations for these actions when federally-listed species or their habitats are present. Under certain circumstances where appropriate conservation measures can be implemented in order to avoid all take of federally-listed species and their habitat, it may be possible. For example, the replacement of a boat ramp or boat dock of the exact same size, in the exact same location, using the exact same materials (or more environmentally-friendly materials) may qualify when no federally-listed species or their habitats are present in the immediate proximity of the project (i.e., where an individual will be killed or injured) and with no upstream or downstream effects (Exhibit 8). 5.1.2.11 Vegetation management: a. In instances where biological control of vegetation using sheep, cattle, horses, goats, or other livestock, is not compatible with federally-listed species or their habitats, FEMA (and its applicants) may chose to modify the timing, duration, and intensity of the grazing such that it is not likely to adversely affect federally listed species or their habitats. These modifications would be documented in an approved vegetation management plan or grazing plan and they would be in accordance with actions recommended in a published recovery plan. b. FEMA may determine that some mechanical and/or hand clearing of vegetation is “not likely to adversely effect” federally-listed species or their habitats depending on the type of equipment used, the scope of the project, the location of the project, the proximity of federally-listed species or their habitats, etc. In those cases, FEMA will ensure that the action is carefully planned and implemented such that only insignificant or discountable effects occur to federally-listed species or their habitats. FEMA will evaluate each project on a case-by-case basis; c. Herbicide treatment: under certain circumstances FEMA may make “not likely to adversely affect” determinations for projects involving the use of agrochemicals. For example, a project that hand clears vegetation and then sprays or paints the stumps of trees and brush to deter re-growth of vegetation. An action such as this, where herbicides are applied in very low quantities to very specific stumps according to labeled instructions and all applicable state and federal laws, may be considered to “not likely to adversely affect federally listed species or their habitats. FEMA will evaluate each project on a case-by-case basis; 5.1.3 CATEGORY 3 - LIKELY TO ADVERSELY AFFECT Projects in this category are likely to adversely affect federally-listed species or their habitats. As such, FEMA anticipates that many of these types of projects cannot avoid the taking of federally-listed species or their habitats. For some projects, however, FEMA anticipates few, if any, are likely to adversely affect federally-listed species or their habitats; those project types are listed below. Examples of the types of projects that may be an exception to this determination are provided under each project subheading. One possible exception that may apply to all projects would be if the project was of such a scope (due to the magnitude of the disaster, e.g., post-Hurricane Katrina) that federally-listed species critical habitat was going to be adversely modified as a result of the action. a. Non-emergency debris removal: a project where a federally-listed species such as a plant is present within or near the debris-removal area and will not be destroyed by the action (Exhibit 9). b. Upgrading or otherwise modifying buildings: a project where a federally-listed species is known to occupy an area immediately adjacent to the building scheduled to be upgraded or modified. For example, in Santa Rosa where California tiger salamanders live in the backyards and vacant lots around residential and commercial structures. c. Providing temporary facilities: a project to install tens to thousands of temporary facilities in federally-listed species habitat (e.g., rangeland where vernal pools may be ripped, drained and leveled) as a result of a major disaster such as Hurricane Katrina. d. Acquiring and demolishing existing facilities: similar to upgrading or modifying buildings where a building scheduled for demolition is immediately adjacent to federally-listed species such that there is no way to avoid the taking of an individual. For example, a San Joaquin kit fox (Vulpes macrotis mutica) pupping den under the foundation of a building. e. Relocating the function of an existing facility: a project where the relocation of the function of a facility necessitated the development of roads or other infrastructure through federally-listed species habitat such that take of an individual was likely or probable. f. Extending the pressurized water service area: a project where extending the water service area required, for example, trenching or other actions directly through habitat that supported federally-listed species such as critically-endangered plant species, snakes, salamanders, or small mammals where the take of an individual was likely or probable. g. Developing demonstration projects: given the voluntary nature of these projects, FEMA does not anticipate any reason why these types of projects cannot be planned in such a manner as to avoid all take of federally-listed species or their habitats. FEMA anticipates that the following projects are all likely to adversely affect federally-listed species or their habitats, except as noted previously through this document. Incidental take of federally-listed species is anticipated and/or cannot be avoided and coverage under a biological opinion is necessary. For projects that initially fall into Category 3, FEMA will work with the Service to modify those projects, on a case by case basis, to achieve a Category 2 status, when possible. For projects that cannot be modified to achieve a “not likely to adversely affect” determination, there are two possible outcomes: 1) FEMA will determine that the project may not require additional consultation with the Service because it was previously reviewed and approved as part of a programmatic consultation with the Service that resulted in the issuance of a programmatic biological opinion, or 2) FEMA will initiate project-specific, formal consultation with the Service for all actions not previously reviewed and/or determined eligible under the programmatic consultations. a. Repairing, realigning, or otherwise modifying roads, trails, utilities, or rail lines b. Constructing new facilities or relocating existing facilities c. Actions involving watercourses and coastal features: 1) Repairing, stabilizing, or armoring embankments (Exhibit 10); 2) Creating, widening, clearing, or dredging a waterway; 3) Constructing or modifying a watercourse crossing; 4) Constructing or modifying a water detention, retention, or storage facilities; 5) Constructing or modifying other flood control structures; 6) Constructing or modifying coastal features. d. Vegetation management: In certain circumstances the use of mechanical or chemical means to control vegetation may result in take of listed species or adverse modification of designated critical habitat. For example, the use of a brush masticator to treat large areas of brush within the range of the Alameda whipsnake (Masticophis lateralis euryxanthus). Another example would be the aerial application of glyphosate to control Lepidium spp. or other noxious weeds over a large landscape. 6 Cumulative Affects 6.1 CUMULATIVE AFFECTS Many of the projects described in this PBA are typically-recurring actions where the effects are typically temporary and localized. However, the affects of other State, tribal, local, and private actions that could reasonably be expected to occur in addition to FEMA-funded projects would be additive. Additionally, many of these projects are implemented by the same applicant and are sometimes implemented in the same area, i.e., the same watercourse. As such, there are additional cumulative affects as a result of the action(s). FEMA will consider the cumulative affects associated with funding projects, especially those projects that are in close proximity to each other, and they will consult with the Service on all actions that do not qualify under the programmatic consultations. 7 References 7.1 REFERENCES Hanski, I., J. Poyry, T. Pakkala, and M. Kuussaari. 2002. Multiple equilibria in metapopulation dynamics. Nature 377:618-621. Mangel, M., and C. Tier. 1994. Four facts every conservation biologist should know about persistence. Ecology 75:607-614. Matthies, D., I. Brauer, W. Maibom and T. Tscharntke. 2004. Population size and the risk of local extinction: empirical evidence from rare plants. Oikos 105:481-488. Meffe, G. K. and C. R. Carroll. 1994. Principles of Conservation Biology. Sinauer Associates, Inc., Sunderland, ME., 600 pages. National Research Council. 1995. Science and the Endangered Species Act. National Academy Press, Washington, D.C. Tear, T.H.., J.M. Scott, P.H. Hayward, and B. Griffith. 1993. Status and prospects for success of the Endangered Species Act: A look at recovery plans. Science 262: 976-977. 8 List of Preparers 8.1 LIST OF PREPARERS Harry McQuillen, Lead Threatened and Endangered Species Specialist during FEMA-1628-DR-CA, prepared this programmatic biological assessment for the Public Assistance Program staff of the FEMA Region IX office, in San Francisco, California. Species information, draft review, and other input were received from the following people listed in alphabetical order: Federal Emergency Management Agency Sandro Amaglio, Rusty Anchors, John Hindley, and Tom Lang U.S. Fish and Wildlife Service Valarie Bloom, Amedee Brickey, Jim Browning, Roberta Gerson, Robin Hamlin, Gjon Hazard, Paul Henson, David Imper, Jan Knight, Jacob Martin, MaryAnn Owens, Donald Reck, Stephanie Rickabaugh, Lynn Roberts, Arnold Roessler, Roger Root, Darrin Thome, Elizabeth Warne, and Jim Watkins. 9 Exhibits, Appendices, and Attachments EXHIBITS APPENDIX A SPECIES SCI. NAME STATUS COUNTIES (FEMA-1628-DR-CA counties in bold) C.H. NOTES Alameda whipsnake Masticophis lateralis euryxanthus T ALA, CCA, SCL, SJQ Proposed Chaparral, grasslands, oak-savanna, ephemeral drainages Antioch Dunes evening-primrose Oenothera deltoides ssp. howellii E CCA YES Occurs in several locations near the confluence of the Sacramento and San Joaquin Rivers, primarily Antioch Dunes NWR. Also at Brannan Island State Recreation Area Baker’s larkspur Delphinium bakeri E* MRN, SON* * = extirpated YES Only one known pop. Remaining. Historically known from Coleman Valley in Sonoma Co. and from near Tomales in Marin Co. Baker's stickyseed Blennosperma bakeri E SON None Grasslands and vernal pools; species is restricted to the Laguna de Santa Rosa and Sonoma areas. Currently 22 populations believed to be extant. bald eagle Haliaeetus leucocephalus T ALA, ALP, BUT, COL, DNT, ELD, GLE, HUM, LAK, LAS, MEN, MRN, NAP, NEV, PLA, PLU, SAC, SCZ, SIE, SIS, SJQ, SMT, SOL, SON, SUT, TRI, YOL, YUB AMA, CAL, FRE, INY, KNG, KRN, MAD, MER, MNO, MOD, MAR, RIV, SBA, SBD, SBE, SCL, SFO, SHA, STA, TEH, TUL, TUO, VEN None Migratory bald eagles seen in California mainly from December to March. Eagles are usually associated with a source of permanent water, such as reservoirs, lakes, and free-flowing rivers, with abundant fish and nearby sites for perching, roosting, and, in season, nesting. Breeding season for bald eagles begins in February and lasts through July. They breed in open areas along coasts, rivers, and large lakes, usually away from human disturbances. In California, approximately 87% of their nest sites were within 1 mile of water. Platform nests are built in large snags and old growth trees with open branches from 10-200 feet above the ground. Some eagles have been known to use the same nest for more than 35 years. Counties listed are documented breeding territories based on data from the California Department of Fish and Game (1959-1997). Banded dune (aka Morro shoulderband) snail Helminthoglypta walkeriana E SLO YES Coastal dunes and scrub communities and maritime chaparral. Currently known range includes areas south of Morro Bay, west of Los Osos Creek and north of Hazard Canyon. Historically, species also reported near the city of San Luis Obispo and south of Cayucos. Bay checkerspot butterfly Euphydryas editha bayensis T SMT, ALA*, CCA*, SCL * = extirpated YES Exists on shallow, serpentine-derived or similar soils. Primary larval host plant is dwarf plantain (Plantago erecta). Historically occurred east, west, and south of San Francisco Bay, from Twin Peaks in San Francisco and Mount Diablo in Contra Costa Co. south approximately to Hollister. Currently five known core areas— one on the San Francisco peninsula, one in San Mateo Co., and four in Santa Clara Co. Any site with appropriate habitat within the historic range should be considered potentially occupied. Behren's silverspot butterfly Speyeria zerene behrensii E* MEN, SON None Currently only one population known on private land near Pt. Arena. Historic range extended from the mouth of the Russian River in Sonoma County northward along the immediate coast to southern Mendocino County in the vicinity of Point Arena. The range in Mendocino County is currently considered to be within 1 mile of marine waters from Laguna Point in MacKerricher State Park south to the Russian River mouth. In the Point Arena area the range extends further inland. beach layia Layia carnosa E HUM, MRN, SON, SBA, MNT* * = extirpated None Seven dune systems from Santa Barbara Co. to Humboldt Co. 19 extant occurrences. Ben Lomond spineflower Chorizanthe pungens var. hartwegiana E SCZ None Ben Lomond sandhills community from Big Basin State Park to Felton area in Santa Cruz Mtns. Mostly on private lands. blunt-nosed leopard lizard Gambelia silus E* SLO (Carrizo Plain area), FRE, KNG, KRN, LAX, MAD, MER, MNT, SBA, SBD, SBE, TUL, VEN None Inhabits open, sparsely vegetated areas of low relief on the San Joaquin Valley floor and the surrounding foothills. It also inhabits alkali playa and valley saltbush scrub. In general, it is absent from areas of steep slope, dense vegetation, or areas subject to seasonal flooding. Historically, the species probably ranged from Stanislaus County in the north to the Tehachapi Mountains of Kern County in the south, and from the Coast Range mountains, Carrizo Plain and Cuyama Valley in the west to the foothills of the Sierra Nevada in the east. The currently occupied range consists of scattered parcels of undeveloped land on the Valley floor, most commonly annual grassland and valley sink scrub. In the southern San Joaquin Valley, extant populations are known to occur in the following locations: Kern and Pixley National Wildlife Refuges; Liberty Farms, Allensworth and Antelope; Carrizo and Elkhorn plains; Buttonwillow, Elk Hills and Tupman Essential Habitat Areas; north of Bakersfield around Poso Creek; western Kern County around the towns of Maricopa, McKittrick and Taft. Burke's goldfields Lasthenia burkei E SON, LAK, MEN None Vernal pool species. Historically, 39 populations were known from the Cotati valley, 2 sites in Lake county, and one site in Mendocino County. Butte County (Shippee) meadowfoam Limnanthes floccosa ssp. californica E BUT, TEH YES Vernal pool species. Eleven known pop. In and around the City of Chico. California brown pelican Pelecanus occidentalis californicus E Coastal California ALA, CCA, DEL, HUM, MEN, MRN, NAP, SCZ, SLO, SMT, SOL, SON, MNT, SBA, SCL, SDG, SFO, VEN None Non-breeding California brown pelicans range northward along the Pacific Coast from the Gulf of California to southern British Columbia. Important roosting sites include offshore rocks and islands, river mouths with sand bars, breakwaters, pilings, and jetties along the Pacific Coast and San Francisco Bay California clapper rail Rallus longirostris obsoletus E* SF bay area, San Pablo bay area, Suisun marsh area ALA, CCA, MRN, NAP, SCZ, SLO*, SMT, SOL, SON, MNT*, SCL, SFO * = extirpated None Restricted almost entirely to the marshes of San Francisco estuary. In south San Francisco Bay, there are populations in all of the larger tidal marshes. Small populations are widely distributed throughout San Pablo Bay. Sporadic and in low numbers throughout the Suisun Marsh Area (Carquinez Strait to Browns Island, including tidal marshes adjacent to Suisun, Honker, and Grizzly Bays). Historically occurred in Morro Bay and Monterey Bay (Elkhorn Slough); now extirpated. California condor Gymnogyps californianus E* SLO, KRN, LAX, MNT, SBA, VEN YES Critically endangered, on-going captive propagation and reintroduction program. Nests in caves or clefts on cliffs, and in trees such as burned-out redwood snags with a clear approach for easy take-offs and landings. Carrion feeder. California freshwater shrimp Syncaris pacifica E LAK, MEN, MRN, SON, NAP None Four general geographic regions: 1) Tributary streams in the lower Russian River drainage, 2) Coastal streams flowing westward directly into the Pacific Ocean, 3) Streams draining into Tomales Bay, 4) Streams flowing southward into northern San Pablo Bay. Excellent habitat conditions include: Streams of 12 to 36 inches in depth with exposed live roots of trees such as alder and willow, along undercut banks greater than 6 inches, with overhanging overhanging woody debris or stream vegetation and vines such as stinging nettles, grasses, vine maple and mint. California jewelflower Caulanthus californicus E SLO (eastern half), FRE, KNG*, KRN, SBA, TUL, VEN * = extirpated None Pop’s known to occur in Santa Barbara Canyon, Carrizo Plain, and Kreyenhagen Hills in Fresno County. California least tern Sterna antillarum (=albifrons) browni E* Coastal California, SF bay area, ALA, CCA, MRN, NAP, SCZ, SMT, SOL, SLO, LAX, MNT, SBA, VEN, ORG, SCL, SDG, None Don Edwards San Francisco Bay NWR and Guadalupe-Nipomo Dunes NWR in San Luis Obispo County. Breeds along the Pacific Coast of California from San Francisco southward to Baja California. Winters along the Pacific coast of southern Mexico and the Gulf of California. California red-legged frog Rana aurora draytonii T ALA, BUT, CCA, ELD, MEN, MRN, NAP, NEV, PLA, PLU, SCZ, SJQ, SMT, SLO, SOL, SON, TRI, YUB AMA, CAL, FRE, MER, MNO, MNT, MOD, RIV, SBA, SBD, SBE, SCL, SFO, STA, TEH, TUO, VEN, LAX YES Wetlands, marshes, mining ponds, streams, creeks, sewage treatment ponds, cattle stock ponds, etc. Based on historic records, red-legged frogs may occur in other counties as well as those that are listed. California seablite Suaeda californica E* SLO, SF bay (ALA*, CCA*) * = extirpated None Only one naturally-occurring locality in Morro Bay and one small population re-established in 2003 in San Francisco Bay (Pier 98, San Francisco). Current reintroduction projects on-going in SF Bay. California spotted owl Strix occidentalis C LAS, PLU, SIE, NEV, PLA, ELD, AMA, ALP, YUB, SLO None Generally requires a multi-layered, multi-species canopy with moderate to high canopy closure, trees with large cavities and other deformities, large snags and down wood. Found in younger forests which contain structural characteristics of older forests. Occurs along the west side of the Sierra Nevada from Shasta Co. south to Tehachapi Pass, and in all major mountains of southern California, including the San Bernardino, San Gabriel, Tehachapi, north and south Santa Lucia, Santa Ana, Liebre/Sawmill, San Diego, San Jacinto and Los Padres ranges and in the central Coast Ranges at least as far north as Monterey County. California tiger salamander Ambystoma californiense T/E AMA, ALA, BUT, COL, CCA, ELD, MRN, NAP, PLA, SAC, SJQ, SLO, SMT, SOL, SUT YOL, YUB, SCZ, SON**, SBA**, MNT, SBE, YES Breeds primarily in vernal pools and other shallow ponds. Spends most of life underground in burrows located in grasslands and other upland areas. **The Sonoma and Santa Barbara County populations are designated as Distinct Population Segments and were listed separately as endangered. The central population is listed as threatened. Calistoga allocarya Plagiobothrys strictus E NAP None Found in foothill grasslands of Napa Co. in moderately wet areas, including vernal pools, next to and fed by hot springs and small geysers callippe silverspot butterfly Speyeria callippe callippe T ALA, SMT, CCA, NAP, SOL None Grasslands and adjacent habitats with larval food plant, Johnny jump-up (Viola pedunculata). Historically occurred in 7 pop’s in the San Francisco Bay region. Currently found at San Bruno Mountain and Sign Hill near South San Francisco, in the hills near Pleasanton, at Sears Point, and in the hills between Vallejo and Cordelia. Camatta canyon amole Chlorogalum purpureum var. reductum T SLO, MNT YES This species comprises two varieties, C. p. var. purpureum and C. p. var. reductum. Chlorogalum purpureum var. purpureum is known only from the south coast ranges in Monterey County, on lands managed by the Department of the Army at Fort Hunter Liggett. The other variety, C. p. var. reductum, is known only from two sites in the La Panza region of the coast ranges in San Luis Obispo County, on U.S. Forest Service and private lands. Habitat is known from oak woodlands and grasslands Carson wandering skipper Pseudocopaeodes eunus obscurus E LAS None Two locations in Lassen co. occur approximately 8 km (5 mi) apart. One location occurs on public lands managed by the California Department of Fish and Game (CDFG property). Another location is found on both private and public lands (private/public property). Based on commonalities of known, occupied sites, suitable habitat for the Carson wandering skipper has the following characteristics: elevation of less than 1,524 meters (5,000 feet); located east of the Sierra Nevada; presence of salt grass; open areas near springs or water; and geothermal activity. Chinese camp brodiaea Brodiaea pallida T CAL, TUO None Grows in seeps and springs in serpentine and volcanic soils in the central California Sierra foothills. Two extant populations, one each in Calaveras and Tuolumne counties. Chorro Creek bog thistle Cirsium fontinale var. obispoense E SLO None Restricted to open seep areas on serpentine soil outcrops. Known from nine locations, eight are south and west of San Luis Obispo; one near San Simeon. Clara Hunt's milk-vetch Astragalus clarianus E NAP, SON None Found on serpentine soils or some thin, rocky volcanic clay soils in foothill grasslands and openings in manzanita and blue oak woodlands. Colusa grass Neostapfia colusana T COL*, SOL, YOL, MAR, MER, STA, TUO * = extirpated YES Vernal pools and associated grasslands. conservancy fairy shrimp Branchinecta conservatio E BUT, SOL, COL, MAR?, MER, STA?, TEH, VEN YES Vernal pools and associated grasslands. Contra Costa goldfields Lasthenia conjugens E ALA, CCA, MEN*, NAP, SOL, MNT, SBA*, SCL* * = extirpated YES Vernal pools and associated grasslands. Contra Costa wallflower Erysimum capitatum ssp. angustatum E CCA YES Grows naturally only in sand dune habitat along the San Joaquin River at Antioch Dunes NWR. delta green ground beetle Elaphrus viridis T SOL YES Vernal pools and associated grasslands. delta smelt Hypomesus transpacificus T CCA, NAP, SAC, SJQ, SOL, YOL YES Found only from the Suisun Bay upstream through the Delta along the freshwater edge of the mixing zone (saltwater-freshwater interface), where the salinity is approximately 2 ppt. El Dorado bedstraw Galium californicum ssp. sierrae E ELD None Grows in oak woodland areas, including sites with ponderosa pine and gray pine, on gabbro soils. Restricted to one localized area--Pine Hill, and surrounding ridges to the west within a distance of approximately 2.5 miles. few-flowered navarretia Navarretia leucocephala ssp. pauciflora E LAK, NAP None Vernal pools on volcanic substrates, usually volcanic ash, in the north coast ranges of California. fleshy owl's-clover Castilleja campestris ssp. succulenta T SJQ, FRE, MAD, MER, MAR, STA, TUO YES Found only in vernal pools along the rolling lower foothills and valleys along the eastern San Joaquin Valley. Fountain thistle Cirsium fontinale var. fontinale E SMT None Restricted to perpetually moist clay openings in riparian or serpentine chaparral. Fresno kangaroo rat Dipodomys nitratoides exilis E* MER*, MAD*, FRE*, KNG * = extirpated YES Possibly extinct. Historic range encompassed an area of grassland and chenopod scrub communities on the San Joaquin Valley floor, from about the Merced River, Merced County, on the north, to the northern edge of the marshes surrounding Tulare Lake, Kings County, on the south, and extending from the edge of the Valley floor near Livingston, Madera, Fresno, and Selma, westward to the wetlands of Fresno Slough and the San Joaquin River. Currently, there are no known populations within the historical geographic range in Merced, Madera and Fresno counties. In 1992 a single male was captured at the Alkali Sink Ecological Reserve in Fresno county. In Kings County, two populations of San Joaquin kangaroo rats have been found on about 371 acres in 1994 and 1995. One site, Lemoore Naval Air Station, is 97 acres. Whether these populations belong to the Fresno or Tipton subspecies is uncertain, but historically, their ranges were contiguous. Gambel's watercress Rorippa gambellii E SLO, LA*, ORG*, SBA, SBR*, SDG?*, BAJA * = extirpated None Found in freshwater or brackish marsh habitats at the margins of lakes or along slow-flowing streams, from 20 to 50 in elevation. The species requires a permanent water source. Historically more widespread from San Diego Co. to Santa Barbara Co. The three known extant populations occur in San Luis Obispo County at Black Lake Canyon, Oso Flaco Lake, arid Little Oso Fiaco Lake. Gentner’s fritillary (Genter’s mission bell) Fritillaria gentneri E SIS, Oregon None Found primarily in very small, scattered occurrences in Jackson and Josephine Counties in southwestern Oregon; one small additional population was recently discovered in northern California, near the Oregon border. Highly localized within a 30-mile radius of Jacksonville Cemetery. giant garter snake Thamnophis gigas T BUT, CCA, COL, NAP, PLA, SUT, SOL, SAC, SJQ, YOL, YUB, FRE, GLE, KNG, KRN, MAD, MER, RVR*, STA, TUL None Inhabits rice fields and agricultural wetlands and other waterways such as irrigation and drainage canals, sloughs, ponds, small lakes, low gradient streams, and adjacent uplands in the Central Valley. *No known occurrences recorded in CNDDB in KNG, MAD, NAP, PLA, STA, TUL, or YUB Counties to date. *RVR County recorded in CNDDB. giant kangaroo rat Dipodomys ingens E SLO, FRE, KNG, KRN, MER, MNT, SBA, SBE, TUL, VEN None Grasslands in and along the slopes of the San Joaquin Valley. Greene's tuctoria Tuctoria greenei E BUT, SJQ*, MAD*, MER, MAR?, SHA, STA*, TEH, TUO?, FRE*, GLE, TUL* * = extirpated YES Vernal pools and associated grasslands. hairy Orcutt grass Orcuttia pilosa E BUT, GLE, MAD, MER, STA, TEH, FRE?, MAR? YES Vernal pools and associated grasslands. Hartweg’s golden sunburst Pseudobahia bahiifolia E MAD, MER, STA, SUT*, TUO, YUB* FRE * = extirpated None Occurs in open grasslands and grasslands at the margins of blue oak woodland, primarily on shallow, well-drained, fine-textured soils, nearly always on the north or northeast facing of Mima mounds. Remaining populations are concentrated in the Friant region of Fresno and Madera counties and the La Grange region in Stanislaus County. Hickman’s potentilla Potentilla hickmanii E SMT, SON*, MNT * = extirpated None Known from one site on the Monterey Peninsula and at one site in San Mateo County. The population in Monterey County grows in fine sandy soils within an opening of Monterey pine forest that supports wet conditions for a variety of native and nonnative grassland species. The population in San Mateo County was rediscovered on private land in 1995 by biologists conducting surveys for a highway project. Hoover's spurge Chamaesyce hooveri T BUT, GLE, TEH, MER, STA, TUL, TUO? YES Vernal pools and associated grasslands. Howell's spineflower Chorizanthe howellii E MEN None Known historically and currently from coastal dunes north of Fort Bragg in Mendocino County Indian Knob mountain balm Eriodictyon altissimum E SLO None Chaparral, cismontane woodland, coastal scrub. Six occurrences in the Irish Hills and Indian Knob. Ione & Irish Hills buckwheat Eriogonum apricum E AMA None Only occurs within openings of Ione chaparral on gravelly red clay soils of the Ione formation. Ione manzanita Arctostaphylos myrtifolia T AMA, CAL None Occurs primarily on outcrops of the Ione Formation within an area of about 35 square miles in Amador County. Kenwood Marsh checkermallow Sidalcea oregana ssp. valida E SON None Has only been found in two freshwater marshes in Sonoma County: Kenwood Marsh and Knights Valley. Kneeland Prairie penny-cress Thlaspi californicum E* HUM YES Endemic to serpentine soils in Kneeland Prairie, located in the outer north coast range of Humboldt County. The only known occurrence includes five relatively distinct groups of plants all located within 1,000 feet of each other. The species occupies an area divided by the Kneeland Airport and Mountain View Road. The known population consists of approximately 5,300 individuals. The five colonies occupy an estimated 0.8 acres in size. LaGraciosa thistle Cirsium loncholepis E SLO, SBA YES Largely restricted to back dune and coastal wetlands of southern San Luis Obispo County and northern Santa Barbara County, from the Pismo Dunes lake area and south historically to the Santa Ynez River. The Guadalupe Dune complex, in which the majority of the species occurs, extends inland only up to 2 miles. Deflation areas behind the foredunes often intersect the water table, creating wetlands and back dune lakes. Cirsium loncholepis is found in wet soils surrounding the dune lakes and in the moist dune swales, where it is often associated with Juncus spp. (rush), Scirpus spp. (tule), Salix spp. willow), Toxicodendron diversilobum (poison oak), Distichlis spicata (salt grass), and coyote brush (Hendrickson 1990). Lahontan cutthroat trout Oncorhynchus clarki henshaw T PLA, ELD, ALP, NEV, SIE, FRE, INY, MAD, MNO None Found in a wide variety of cold-water habitats including large terminal alkaline lakes (e.g., Pyramid and Walker lakes); alpine lakes (e.g., Lake Tahoe and Independence Lake); slow meandering rivers (e.g., Humboldt River); mountain rivers (e.g., Carson, Truckee, Walker, and Marys Rivers); and small headwater tributary streams (e.g., Donner and Prosser Creeks). Stream spawner, spawning between February and July. Lake County stonecrop Parvisedum leiocarpum E LAK None Vernal pools and associated grasslands. Lange's metalmark butterfly Apodemia mormo langei E CCA None Currently found only at Antioch Sand Dunes in Contra Costa County. Most of the habitat is now part of the Antioch Dunes NWR. large-flowered fiddleneck Amsinckia grandiflora E ALA, SJQ, CCA YES Historically reported from a few locations in the northern Diablo Range of California. Currently known from Lawrence Livermore National Laboratory property in the hills east of Livermore and on nearby private land off of Corral Hollow Road. Experimentally reintroduced populations near Black Diamond Mine and Lowry Ridge. Layne's butterweed Senecio layneae T ELD, YUB, TUO Grows in open rocky areas of gabbro and serpentine soils within chaparral plant communities. Most known sites are in western El Dorado County (Pine Hill intrusion and adjacent serpentine). Some sites in the Eldorado National Forest, on BLM Red Hills Management Area in Tuolumne County, and on BLM land in Yuba County. Most on private land. Least Bell’s vireo Vireo bellii pusillus E SJQ, SCZ, SLO, INY, KRN, LAX, SBA, SBD, SBE, VEN, RVR, SDG YES (So. Cal only) Found in riparian and associated upland habitats. Historically ranged from Red Bluff to Baja California. Currently known only in Southern California, except last year’s documented breeding at the San Joaquin River NWR in San Joaquin County. Loch Lomond coyote-thistle Eryngium constancei E LAK, SON None Three populations in Lake County and another is in Sonoma County. longhorn fairy shrimp Branchinecta longiantenna E SLO, CCA, ALA, MER, YES Found in vernal pools located within a matrix of alkali sink and alkali scrub plant communities at Carrizo Plain National Monument, in a series of sandstone outcrop pools in the Livermore Vernal Pool Region, from alkaline grassland vernal pools in Merced County. Lost river sucker Deltistes luxatus E* SIS, MOD YES Primarily lake residents that spawn in rivers, streams, or springs associated with lake habitats. Known from the Upper Klamath Lake and its tributaries, Clear Lake Reservoir and its tributaries, Tule Lake and the Lost River up to Anderson-Rose Dam, the Klamath River downstream to Copco Reservoir to Iron Gate Reservoir. In the Upper Klamath Lake watershed, Lost limited to Sucker Springs in Upper Klamath Lake, and the Sprague and Williamson Rivers. Spawning runs also occur in the Wood River and in Orookeń Creek; additional run