20170411-Final Musgrove Exploration Drilling Project...

20170411-Final Musgrove Drilling Exploration Project fisheries BABE

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Table of Contents

1.0 Introduction and Background ....................................................................................................3

1.1 Project Location ................................................................................................................................ 3 1.2 Purpose of this Document ................................................................................................................. 3

2.0 Project Description .....................................................................................................................4

2.1 Project Design Features .................................................................................................................... 7 2.2 Monitoring ...................................................................................................................................... 13 2.3 Project Schedule and Duration ........................................................................................................ 14

4.0 Fish Species with Special Status ..............................................................................................14

4.1 ESA Listed Species Occurrence ..................................................................................................... 14 4.2 Designated Critical Habitat ............................................................................................................. 15 4.3 Essential Fish Habitat (EFH) .......................................................................................................... 15 4.4 Region 4 Sensitive Fish Species ..................................................................................................... 15

5.0 Fish Resource Issues ................................................................................................................17

6.0 Analysis of Effects ...................................................................................................................17

6.1 Interdependent Actions ................................................................................................................... 17 6.2 Interrelated Actions ......................................................................................................................... 17 6.3 Dichotomous Key (to be used in part for the Determination Rationale) ........................................ 17 6.4 Cumulative Effects.......................................................................................................................... 18 6.5 Management Indicator Species ....................................................................................................... 18

7.0 Determination of Effects ..........................................................................................................19

8.0 Rationale for the Determinations .............................................................................................19

9.0 Monitoring ...............................................................................................................................19

10.0 References Cited ....................................................................................................................20

11.0 Appendix A – Maps 1-3 .........................................................................................................21

Table 1 - TEP&S Fish Species that Occur on the Salmon-Challis National Forest ................................. 16 Table 2 - TEPS Fish Species Known or Suspected Habitat Use Patterns within the ESA Action Area .. 16 Table 3 - TEP&S Fish Species Presence/Absence within ESA Action Area ........................................... 16 Table 4 - Summary of Determination of Effects ...................................................................................... 19


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1.0 Introduction and Background The Salmon-Cobalt Ranger District of the Salmon-Challis National Forest received a Plan of Operations for exploration drilling in the head of the Musgrove Creek drainage, a tributary of Panther Creek in the Salmon River drainage, on December 1, 2016, from Bravura Ventures Corporation (Bravura) to explore for mineralization.

The project is located in an area of known mineralization, with high potential for precious-metal veins. The area has previously been drilled and sampled for many years. Therefore, the planned additional drilling was determined to constitute a reasonable method of surface disturbance that is appropriate during the exploration stage of operations in the head of the Musgrove Creek drainage.

The Plan of Operations was submitted in compliance with Forest Service mining regulations at 36 CFR 228A, which are tiered to United States mining laws that confer a statutory right to prospect and mine on public lands open to operations under those laws. In accordance with these laws and regulations, the Forest Service needs to conduct the appropriate level of environmental analysis in order to provide for approval of the operator’s Plan.

The purpose of this Federal action is for the Forest Service to identify changes and/or additions to the operator’s Plan, as necessary to meet the requirements in the Forest Service regulations, within the context of Bravura’s statutory rights under the Federal mining laws. The need for action is the agency’s responsibilities under applicable laws and regulations to consider and respond to operator’s Plan.

1.1 Project Location

The project area is approximately 6 miles southwest of the Cobalt Townsite off of an open road system (FS rd # 60116) on the Salmon-Cobalt Ranger District of the Salmon-Challis National Forest.

The proposed exploration area is located approximately 50 miles southwest of Salmon, Idaho, in the Blackbird Mining District on public lands open to location and operations under the general mining laws of the United States. Specifically, the operations are located in sections 22 and 27, Township 20 North, Range 18 East, Boise Meridian, in Lemhi County, Idaho (Fig. 1). Access to the project area is provided by NFS Roads 60021 (Williams Creek), 60101 (Deep Creek), 60055 (Panther Creek), 60115 (Blackbird Creek), 60116 (Ludwig Gulch) and U201823A.

The exploration operations would disturb approximately three acres of land in sections 22 and 27, Township 20 North, Range 18 East, Lemhi County, Idaho (Appendix A Maps 1-3)

1.2 Purpose of this Document

This biological assessment describes the proposed action and discusses the probable impacts of that action on listed species, designated critical habitat and essential fish habitat that may be affected. This biological assessment forms the basis for any necessary consultation with the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively the “Services”) pursuant to section 7 of the Endangered Species Act (ESA) of 1973 (as amended) and its implementing regulations. The regulations for consultation require the action agency to re-initiate consultation if certain triggers are met (50 CFR 402.16). Occasionally during the implementation of a proposed action, changes in circumstances, situations or information can raise the question as to whether those re-initiation thresholds have been reached. Should that situation occur the Salmon-Challis National Forest, will assess the changes and any potential impacts to listed species, review their-initiation triggers, coordinate with Services for advice (if needed) and arrive at a determination whether re-initiation of consultation is necessary.


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This document will make a project affects analysis determination on Endangered Species Act listed fish species, Designated Critical Habitat, and Essential Fish Habitat. This document will also make a project affects analysis determination on the Region 4 Regional Forester’s designated sensitive fish species.

This fisheries analysis is specific to the proposed action and those activities associated with proposed action as written and described below.

2.0 Project Description The Forest Service proposes to respond to the Plan of Operations for exploration drilling in accordance with 36 CFR 228.5, by approving the Plan subject to any reasonable changes or additions necessary to meet the requirements of Forest Service mining regulations (36 CFR 228 Subpart A) and other applicable laws and regulations (NFMA, CWA, ESA, NHPA, etc.). Approval of the Plan would require the operator’s formal incorporation of the terms and conditions itemized in this document into the Plan of Operations.

Under the proposed action, Bravura would drill up to 42 holes on 14 drill pads using core or reverse circulation drilling or a combination of both. Operations are anticipated to take three seasons, commencing in summer 2017, with final reclamation anticipated by October 2020. The operation would include the use of an existing, undesignated mine road and segments of new-construction temporary road, the construction of 14 drill pads, and reclamation.

The proposed action is defined as approval of the proponent’s Plan of Operations to explore for locatable mineral resources, as modified by Forest Service terms and conditions. The terms and conditions do not prescribe mining methods, do not substantively change the operator’s Plans, and are considered reasonable additions or changes to minimize adverse environmental impacts on NFS surface resources, as required in regulations at 36 CFR 228 Subpart A.

The proponent’s Plan of Operations to conduct exploration drilling could be approved provided the operator formally incorporates Forest Service terms and conditions and provides an acceptable financial instrument to insure the cost of reclamation as determined by the Forest Service. Implementation would also include compliance inspections and monitoring of actual project impacts by Forest Service personnel. Figures 1 and 2 show the operating areas for the proposed action in relation to NFS lands and patented private lands.


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Figure 1. Planned Musgrove Exploration Drilling Project, Vicinity.

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Figure 2, Proposed Musgrove Exploration Drilling Project, Detail.

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2.1 Project Design Features

In addition to Forest Plan standards and guidelines designed to mitigate impacts, the following measures will also be used. These design features have been incorporated by the Forest Service to reduce or prevent undesirable effects resulting from proposed management activities. Operator’s Plan The Plan of Operations, as submitted, includes the following:

1. Proposed operations in 2017 include reopening a total of approximately 3655 feet of previously reclaimed drill roads and construction of 400 feet of new temporary roads near "Johny's Point" (Phase 1).

2. Phase 2 would consist of the reopening of 3,340 feet of previously reclaimed road and the construction of a total of 1146 feet of new temporary road as shown on the attached maps (Figures 1 and 2). Phase 1 and Phase 2, cumulatively, would result in the reopening of 6705 of previously reclaimed roads, and construction of 1546 feet of new temporary road, none of which exist in an inventoried roadless area.

3. A total of fourteen drill sites (each approximately 20 feet by 30 feet in area) along the prism of these roads will also be constructed. As many as three drill holes per site may be drilled by Bravura Ventures between 2017 and 2019, for a possible total of 42 holes and 42,000 feet of total drill depth. The access roads total 1.6 acres of disturbance, and as the drill sites will be primarily on the roads, these sites will add minimally to that total. Allowing 0.1 acre for the drill sites (14 x 0.1 = 1.4), a total disturbance of 3.0 acres is anticipated.

4. Roads, nominally 12 feet wide, will be reopened or built with an excavator, and soil and rock will be placed adjacent to the road cut so that it may be pulled back up and recontoured with an excavator upon completion of the project.

5. Sumps for containment of drilling water/fluids will be built at each pad. Clearing of timber will not be necessary on the previously constructed and reclaimed road, but will be necessary along approximately 500 feet of new temporary road (approximately 20 trees would be removed). Cut timber will be set aside per USFS guidance so that it can be used for reclamation.

6. Bravura proposes to construct two short segments of road near Johny's Point, as is shown on the attached map (Figure 2, drill pads A, B, E, and F). Additionally, 1170 feet of new spur-roads will be constructed in a previously disturbed area southeast of Johny’s Point, as shown in red in Figure 2 (drill pads G-N).

7. The estimated starting date for the project is late July, 2017. The project will end for the year in September or October, with interim close-out reclamation/stabilization work (straw and seed as requested by USFS) being completed by the end of October. Final reclamation is anticipated to be completed in October 2020 after completing the proposed drilling program during the final operating season.

8. Drilling will be accomplished using a truck-, track-, or skid-mounted diamond drill or rotary reverse-circulation drill.

9. Drill cuttings will be contained and either shoveled back into the hole or buried in the sump.

10. Drill casings will be removed or cut off below grade.

11. The upper five feet of each hole will be plugged with cement. Drill holes will be plugged


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with bentonite grout from the bottom of the hole to the bottom of the concrete surface plug.

12. Roads, drill sites and sumps will be contoured to original grade. Stockpiled soil will be distributed over the re-contoured area.

13. Water will be hauled from the second switchback on Ludwig Creek or from Blackbird Creek at the Ludwig Gulch bridge, depending on streamflow conditions. It is anticipated that roughly 5000 gallons per day will be required. Drilling fluids will be recycled to the extent possible. Drill fluids will be contained in portable tanks and recycled as much as possible. Waste fluid and cuttings will be contained within the sumps.

14. Labor required on the project on a daily basis will include a driller, a general laborer, and possibly a sampler employed by the drilling contractor, and one or two representatives of Bravura. Drilling will be conducted using best management practices. These include: 1) using secondary containment for fuel and petroleum products, 2) maintaining the necessary fire prevention tools and spill clean-up kits at the drill site, 3) maintaining sediment-control structures as needed on the main access roads, 4) drill hole abandonment according to IDAPA 20.03.02, and 5) collecting, removing and properly disposing of garbage from the site daily.

15. The operation will be behind locked gates and only vehicles authorized by the decision document will be allowed behind the gate. Access will be from Blackbird Creek via FSR 60116, the Blackbird-Ludwig Gulch Road, which leaves Blackbird Creek at the Blackbird Mine gate and winds its way over the McDonald Creek/Musgrove Creek divides. After going through a locked gate on U201823A, the road enters the Musgrove project claim group and ends at the location referred to as the "Parking Lot." From the "Parking Lot," access to the proposed drill sites is via old reclaimed exploration roads, all of which have been reopened in the past and reclaimed as of October 2009.

16. Operations would occur for up to three operating seasons beginning on or about July 15 and ending on or about November 15 each year.

17. Final reclamation, including reclamation or temporary roads, is anticipated to occur by October 30, 2020.

Project Design Features Because the operator’s Plan is relatively narrowly constrained, the Forest Service did not find it necessary to substantively or materially change the operator’s Plan in order to protect the environment. However, the Forest Service developed the following standard and site-specific design criteria to address potential resource concerns. These are deemed reasonable and necessary modifications to the operator’s Plan to minimize the potential for adverse environmental impacts of the planned operations, per regulations at 36 CFR 228.8. Further, these are primarily standard USFS requirements for ground-disturbing activities and/or approved mining operations or are industry-standard practices that simply were not deemed necessary to enumerate in the Plan by the operator. Formal incorporation of these additions to the Plan of Operations will be a condition for Forest Service approval.


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Approvals and Access

1. The operator would furnish an acceptable financial instrument in the amount calculated to insure the costs of interim and final reclamation, prior to receiving approval to operate. The reclamation bond amount would be calculated and administered by the Forest Service per guidance issued in 2004.1

2. The operator would furnish proof of compliance (or ability to comply) with any applicable regulations administered by other State, Federal or local jurisdictions, including a temporary water right from the State of Idaho.

3. The District Ranger or authorized representative would be notified at least 5 days in advance prior to commencement of each type of surface-disturbing operation (e.g. route clearing, temporary route/bench construction, bulk sample excavation, recontouring).

4. All surface-disturbing activities and operations would be supervised by the operator or a designated representative in possession of, and familiar with the terms and conditions of, the District Ranger’s approval of the Plan.

5. All operating areas would be maintained in a safe, neat, and workmanlike manner. All solid wastes (trash, garbage, refuse, etc.) would be contained and removed daily for proper off-site disposal. No burning of refuse or waste would be permitted.

6. A portable toilet will be placed at operational drill sites.

7. Firefighting equipment to be available at all operating locations would include at least one handheld implement (shovel, axe) per person and one appropriately-sized and currently-inspected fire extinguisher per vehicle or piece of motorized equipment.

8. All motorized equipment would have working mufflers and spark arrestors. Electrical equipment must be properly insulated. Vehicles with catalytic converters would be parked in clear areas to avoid igniting potential ground fuels.

9. Vehicles and equipment would be restricted to designated motorized routes, the existing undesignated route, and the temporary routes identified in this decision. The gate on U201823A adjacent to the Ludwig Gulch Road (FSR 60116) shall be kept locked and only FS, Bravura, and Bravura contractors will be allowed access. Nothing in this decision shall be construed as authorization to violate the Forest’s Travel Plan.

10. Prior to drilling, the Forest Service would survey the site for evidence of sensitive plant or wildlife species, and for the presence of invasive species. Alternative drilling locations may be proposed to avoid impacts to sensitive plants.

Water Quality and Fisheries

11. Project activities will be conducted when site conditions are conducive to minimizing impacts on soil and water resources. Activities will not be allowed when roads and exploration area are very wet and excessive road rutting or soil compaction would occur. Dry conditions should generally exist from July 15 until November 15. Operations outside of this period will be agreed to by the Operator and the Forest Service.

1 Training guide for reclamation bond estimation and administration from mineral plans of operation authorized and administered under 36 CFR 228A, April 2004, USDA Forest Service, 136 pp.


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12. During water drafting operations in Ludwig Creek or Blackbird Creek, withdrawal rates shall never dewater the stream. The intake hose shall be equipped with a 3/32 inch or smaller mesh size screen (see Appendix C in the permit). An alternative drafting site may be recommended if invasive species are found at the proposed drafting site.

13. If water is temporarily impounded to allow for drafting, the impoundment will be configured to allow for upstream and downstream aquatic vertebrate (i.e., fish and amphibians) passage around the structure.

14. In order to prevent petroleum products from entering the stream-channel from pumps that may be placed at the water drafting sites or from transferring fuels to drilling and support equipment, pumps or fuel containers will be placed on an impermeable liner capable of containing their entire volume of fuel, oil, etc. An example would be a plastic children’s wading pool.

15. In order to prevent petroleum products from entering the stream-channel, pumps or fuel containers will be placed on an impermeable liner capable of containing 1.5 times the total volume of fuel, oil, etc. Refueling of equipment will occur outside of the Riparian Habitat Conservation Area (RHCA). Equipment staging areas and fuel storage shall be located at least 300 feet from any streams and will be placed inside a berm of sufficient capacity to contain any spilled fuel, ensuring that petroleum products will not enter any stream in the event of spills or leaks. The FS shall approve all fuel storage areas and spill plans.

16. The operator will be required to have a spill response cache in the project area and a portable spill response kit in all equipment that will be operating on the project.

17. No hazardous materials would be stored on the Forest. All fuel containers will be properly labeled and stored in containment, per EPA’s Regulation Code 40 CFR 112.7. An approved spill kit would be maintained on-site to manage any accidental spill of petroleum products. In the event of a fuel spill, a Forest Service Official would be notified of the incident and response within twenty-four hours and the contaminated material would be removed and transported to an authorized location.

18. Seasonal storm water prevention devices (straw wattles or bales, silt fence) would be installed along the outside edge of newly constructed or reopened roads, unless determined to be not necessary by the FS Administrator in consultation with the Forest Hydrologist.

Terrestrial Invasive Species Best Management Practices

19. Before ground-disturbing activities begin, inventory and prioritize weed infestations for treatment in project operating areas and along access routes. Identify what weeds are on site, or within reasonably expected potential invasion vicinity, and do a risk assessment accordingly. Control weeds as necessary. (Planned summer 2017)

20. Stage equipment in weed free areas and minimize travel through weed-infested areas.

21. Water drafting equipment (hoses, pump intakes) would be disinfected per the directions in Appendix B of the permit to minimize the potential for spread of aquatic invasive species at the drafting site.

22. Inspect, remove, and properly dispose of weed seed and plant parts found on hand equipment prior to mobilization onto the project site. Proper disposal means bagging the seeds and plant parts and incinerating or putting them in the trash.

23. Coordinate project activities with any nearby herbicide application to maximize cost effectiveness of weed treatments.


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24. Evaluate options, including closure, to regulate the flow of traffic on sites where desired vegetation needs to be established. Sites could include road and trail rights-of-way, and other areas of disturbed soils.

25. Retain native vegetation and minimize soil disturbance in and around project activity to the maximum extent possible consistent with project objectives.

26. Contractors, permittees and Forest Service employees are required to clean to remove mud, dirt or debris that may contain weed seeds or reproductive propagules from equipment before mobilizing before onto National Forest system lands. This includes off-road vehicles, heavy machinery, and other equipment that could harbor weed seeds or reproductive propagules. Contractors and permittees must submit equipment to the Forest Service for inspection prior to mobilization pursuant to WO-C/CT 6.36. Equipment will then be inspected by the contract/permit administrator or invasive species management personnel. Equipment will be rejected if dirt, mud or debris remains on the equipment. Re-washing and a new inspection will be required. Everyone is encouraged to use the Lemhi Cooperative Weed Management Area rinse station to clean the undercarriage of vehicles and trailers on a regular basis. The rinse station is located at the Salmon Industrial Park behind the airport on Industrial Way. Rinse station hours are 6:00 a.m. – 4:30 p.m. Monday – Thursday and 8:00 a.m. – 5:30 p.m. Friday and Saturday.

27. Treat weeds in road decommissioning and reclamation projects before roads are made impassable. Re-inspect and follow-up based on initial inspection and documentation.

28. Inspect and document all limited term ground-disturbing operations in noxious weed infested areas for at least three (3) growing seasons following completion of the project. For on-going projects, continue to monitor until reasonable certainty is obtained that no weeds have occurred. Provide for follow-up treatments based on inspection results.

29. Inspect material sources on site, and ensure that they are weed-free before use and transport. Treat weed-infested sources for eradication, and strip and stockpile contaminated material before any use of pit material.

30. Revegetate disturbed soil (except open travel ways) in a manner that optimizes plant establishment for that specific site. Revegetation may include topsoil replacement, planting, seeding, fertilization, liming, and weed-free mulching as necessary. Actions may also include allowing native vegetation to recover on its own under conditions where it is the best option. Use native material where appropriate and feasible.

31. Use local seeding guidelines to determine detailed procedures and appropriate mixes. To avoid weed-contamination, a certified seed laboratory needs to test each lot against the all-State noxious weed list to Association of Seed Technologists and Analysts (AOSTA) standards, and provide documentation of the seed inspection test. There are plant species not on State and Federal noxious weed lists that the Forest Service would consider non-native invasive weeds. Check with the Invasive Species Coordinator to see if any need to be added prior to testing. Seed lots labeled as certified weed free at time of sale may still contain some weed seed contamination. Non-certified seed should first be tested before use.


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32. Weed Free Hay Order—Possessing, storing, or transporting, non-pelletized hay, straw or mulch on National Forest System Lands without having each individual bale or container tagged or marked as weed free, or having original and current evidence of weed free certification documentation present. All markings must meet the State and/or County standards for certification as weed free. (Order number: 04-00-097. USDA Forest Service. Ogden, UT. 2p.)

Cultural or Heritage Resources

33. All surface-disturbing operations would immediately cease in the event that archaeological, cultural, or paleontological resources are unearthed or discovered and the District Ranger or authorized representative notified of the discovery. Operations could resume upon Forest Service and State clearance and approval.

Reclamation

34. Water bars shall be placed along roads that will remain open over the winter, according the R4 Technical Guide for Erosion Prevention and Control on Timber Sale Areas for conditions at this site. Outsloping of routes may be recommended where locations dictate.

35. If sumps do not evaporate or filter out subsurface at the cessation of operation, sump contents must be pumped out of the sumps and disposed of at an appropriate off-Forest facility.

36. The existing unauthorized route to be used (U201823A) would be minimally cleared (only larger boulders, rocks, and minimal slough material) to allow for 4-wheel drive and support vehicle access. Removal of vegetation and material from the cut slope of U201823A to accommodate passage of equipment would be minimized to the extent possible. No earth material would be sidecast or windrowed on the outside edge of the travel surface, outsloping will be maintained, and rolling dips would be installed at prescribed intervals. U201823A will be decommissioned following final reclamation of the drilling sites at the cessation of operations, including construction or maintenance of appropriate drainage features.

37. The new temporary routes would minimize removal of vegetation and be consistent with SCNF guidelines for brush clearing on NFS roads.

38. Trees and shrubs removed for the new temporary routes and drillpads would be windrowed below the planned toe of fill slopes to filter sediment and prevent material rollout.

39. The new temporary routes and drillpads would be immediately reclaimed following abandonment of drill holes, with the slopes returned to original contour. Stockpiled topsoil and vegetative material (slash windrows) will be distributed over the disturbed areas.

40. The District Ranger or authorized representative would be notified when drilling operations are completed and when seasonal and/or final reclamation work would commence.

41. All newly disturbed areas would be re-contoured as closely as possible to original topography, covered with stockpiled topsoil and organic materials (and weed-free mulch, if required by the authorized officer), and re-vegetated with an approved weed-free, native seed mix.

42. Upon acceptance of cleanup and earthwork reclamation tasks, corresponding portions of the bond may be release back to the operator.


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43. Upon notification from the Forest Service that acceptable vegetative cover has been achieved2, the site would be cleaned up by removing any remaining sediment-retention devices. These final reclamation tasks shall be inspected and accepted as complete by the District Ranger prior to final acceptance of reclamation and bond release.

2.2 Monitoring

Information gathered before, during and after implementation of activities is used to determine the effectiveness of the project’s design and associated design features. This establishes a feedback mechanism so management can develop and employ an adaptive learning curve. Monitoring is done at recurring intervals as a basis for Forest Plan implementation. Project effectiveness monitoring is done by routine of sampling specific projects at specified time intervals.

1. Inspections of the project area and operations for changed or unanticipated conditions, implementation and effectiveness of BMPs, compliance with the approved Plan, completion of interim and final reclamation tasks to standard, control of new noxious weed infestations, and successful re-vegetation prior to final bond release would be conducted by the Forest Service minerals administrator as required by Forest Service mining regulations (36 CFR 228.7). Violations of applicable State, Federal or local laws and regulations or the approved Plan may result in the District Ranger:

a. Requesting that the operator furnish a Plan modification when appropriate,

b. Requiring the operator to submit a supplemental plan whenever they intend to create any surface disturbances not covered by the approved plan,

c. Issuing a Notice of Noncompliance under the appropriate authority,

d. Cooperating with other regulatory agencies having statutory authority over compliance issue(s), when appropriate.

2. The Forest Service administrator shall consult the District Ranger and IDT when conditions occur that may not conform to this analysis. This could occur if the operating plan is modified or supplemented, resource conditions change, laws, regulations or standards change, the state of applicable science or technology changes, or if unanticipated impacts occur. The occurrence of such conditions could result in one or more of the following:

a. Preparation of a Supplemental Information Report,

b. An amendment or revision to the EA and decision,

c. Initiation of a separate NEPA analysis and completion of a new decision.

The findings of any of the above analyses may result in the District Ranger requiring the operator to submit a Plan modification, in accordance with 36 CFR 228.4(e).

2 Revegetation would be considered complete when weed-free ground cover has been maintained at >70% of an adjacent reference area for ≥2 consecutive years over 90% of the disturbed area.


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2.3 Project Schedule and Duration

The estimated starting date for the project is late July, 2017. Operations would occur for up to three operating seasons beginning on or about July 15th and ending on or about November 15th each year. At the end of each seasons of work interim close-out reclamation/stabilization work (straw and seed as requested by USFS) will be completed by the end of October through November 15th. Final reclamation is anticipated to be completed in October 2020 after completing the proposed drilling program during the final operating season.

3.0 ESA Action Area Description The ESA Action Area is defined as “all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action” (50 CFR§402.02). This is the area where the action and any interdependent and interrelated actions will result in direct, indirect or cumulative affects to listed species or designated critical habitat. This project’s ESA Action Area is defined as the area surrounding the use of the FS rd # 60116 (Ludwig Gulch) and U201823A. The ESA Action Area also includes the area surrounding the proposed new roads, roads to be reopened, drill sites, parking lot and water drafting sites (Appendix A Map 3).

There are no fish streams identified within the ESA Action Area. There are no streams within the ESA Action Area that have designated critical habitat or essential fish habitat. There are also no streams within this fisheries affects analysis that support Region 4 Sensitive Species Westslope Cutthroat Trout.

4.0 Fish Species with Special Status Endangered Species Act (ESA) Listed species

4.1 ESA Listed Species Occurrence The federally listed or proposed listed fish species occurring within the Salmon-Challis NF administered boundaries include;

Snake River sockeye salmon (Oncorhynchus nerka) (Endangered) (Federal Register 56FR58619)

Snake River spring/summer Chinook salmon (Oncorhynchus tshawytscha) (Threatened) (Federal Register 57FR14653)

Snake River steelhead (Oncorhynchus mykiss) (Threatened) (Federal Register 62FR43937)

Columbia River bull trout (Salvelinus confluentus) (Threatened) (Federal Register 63FR31647)

Sockeye salmon use the main stem Salmon River as a migration corridor to and from spawning and juvenile rearing habitat within lakes of the Salmon River headwaters, but do not occupy or use waters within the project’s ESA Action Area (Federal Register 56FR58619).

The U.S. Fish and Wildlife Service’s current official “T&E Species List” comes from the Service’s Idaho FWS website, which uses a program called IPaC. This project’s official USFWS Listed and Proposed Species and their Designated and Proposed Critical Habitat in Idaho within the ESA Action Area use the website’s IPaC program. The list includes Columbia River bull trout and their Designated Critical Habitat (USFWS, 2017). This USFWS list is consistent with what is being used by the Salmon-Challis National Forest’s Level I Team in ESA Consultation.

NMFS doesn't issue a quarterly or biannual ESA listed species and designated critical habitat list like the USFWS does. NMFS list all of that information on their website. The NMFS website links that identify current endangered and threatened species and designated critical habitat found within our geographical area are as follows:


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Current Endangered and Threatened Marine Species under NMFS' Jurisdiction List http://www.nmfs.noaa.gov/pr/species/esa/fish.htm (Updated February 24, 2016) NMFS Species Information Website Link http://www.nmfs.noaa.gov/pr/species/index.htm (Updated February 22, 2016) NMFS Map http://www.westcoast.fisheries.noaa.gov/publications/protected_species/salmon_steelhead/status_of_esa_salmon_listings_and_ch_designations_map.pdf (October 31, 2012)

There are no fish streams identified within the ESA Action Area and Fisheries Analysis Area.

4.2 Designated Critical Habitat

Snake River Spring/Summer Chinook salmon

Critical habitat has been designated for Snake River spring/summer Chinook salmon and includes “river reaches presently or historically accessible…to Snake River spring/summer Chinook salmon” (Federal Register 58FR68543). There are no streams within the ESA Action Area therefore Chinook salmon designated critical habitat is not present within the ESA Action Area.

Sockeye Salmon

Critical habitat has been designated for Snake River sockeye salmon (Federal Register 58FR68543). There are no streams within the ESA Action Area therefore sockeye salmon designated critical habitat is not present within the ESA Action Area.

Snake River Basin Steelhead

Critical habitat has been designated for Snake River Basin steelhead (Federal Register 70FR52630). There are no streams within the ESA Action Area therefore steelhead designated critical habitat is not present within the ESA Action Area.

Columbia River Bull Trout

Critical habitat has been designated for Columbia River Basin bull trout (Federal Register 75FR63898). There are no streams within the ESA Action Area therefore bull trout designated critical habitat is not present within the ESA Action Area.

4.3 Essential Fish Habitat (EFH) Essential Fish Habitat (EFH)

National Marine Fisheries Service (NMFS) updated the designated essential fish habitat in the Federal Register on January 17, 2002 (67 FR 2343). The regulations establish coordination and consultation procedures between NMFS and federal agencies to protect habitats identified as EFH. The EFH designation only applies to commercial fish species. There are no commercial fish species within the ESA Action Area.

4.4 Region 4 Sensitive Fish Species Region 4 Sensitive Fish Species

The USDA Forest Service Region 4 lists one aquatic vertebrate that may occur, potentially could occur, or may have habitat for the species, which occur on the Salmon-Challis NF and within the project’s Fisheries Analysis Area (same as the ESA Action Area) as a sensitive species. This species is the westslope cutthroat trout (Oncorhynchus clarki lewisi). There are no fish streams identified in the fisheries analysis area that support westslope cutthroat trout populations.


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The fish presence/absence, population and density data used in this analysis was collected by the US Forest Service. All of the fish data is stored in the Idaho Fish and Game’s Idaho Fish and Wildlife Information System (IFWIS) in the Standard Stream Survey Database. The US Forest Service Salmon-Challis National Forest’s North Zone Ranger District’s fish species data is also stored in the aquatic files located on the Salmon/Cobalt Ranger District. Table 1 - TEP&S Fish Species that Occur on the Salmon-Challis National Forest

COMMON NAME SCIENTIFIC NAME STATUS

Snake River sockeye salmon Oncorhynchus nerka ENDANGERED Snake River spring/summer

Chinook salmon Oncorhynchus tshawytscha THREATENED

steelhead Oncorhynchus mykiss THREATENED bull trout Salvelinus confluentus THREATENED

westslope cutthroat trout Oncorhynchus clarki lewisi R4 SENSITIVE Table 2 - TEPS Fish Species Known or Suspected Habitat Use Patterns within the ESA Action Area

Species

Stream

Presence /

Absence

Spawning

Adult

Overwinter

Juvenile

Rearing

Migration

Snake River Sockeye Salmon

None No No No No No

Snake River Spring/Summer Chinook Salmon

None No No No No No

Snake River Basin Steelhead

None No No No No No

Columbia River Bull Trout

None No No No No No

Westslope Cutthroat Trout

None No No No No No

Table 3 - TEP&S Fish Species Presence/Absence within ESA Action Area

TEP&S Fish Species

Habitat Present Habitat Absent Species Presents Species Absent

Snake River sockeye salmon

X X

Snake River spring/summer chinook salmon

X X

Snake River Basin steelhead

X X

bull trout X X westslope cutthroat trout

X X


17

5.0 Fish Resource Issues There are no fish streams identified within the ESA Action Area. There are no streams within the ESA Action Area that have Designated Critical Habitat, no streams with Essential Fish Habitat and no streams with R4 Sensitive fish species.

6.0 Analysis of Effects There will be no direct, indirect or cumulative effects from the project’s activities on ESA listed fish species, designated critical habitat and essential fish habitat. There will also be no direct, indirect or cumulative effects from the project’s activities on R4 Sensitive fish and their habitat.

The rationale for no direct, indirect or cumulative effects on fish and fish habitat is based on the following:

1. There are no fish streams within the ESA Action Area and Fisheries Analysis Area.

2. The project’s assessment as described in Section 6.3’s Dichotomous Key

6.1 Interdependent Actions

Interdependent actions are actions that have “no independent utility apart from the action under consideration” (50 CFR§402.02). The Forest has not identified any interdependent actions associated with the proposed action.

6.2 Interrelated Actions

Interrelated actions are actions that “are part of a larger action and depend on the larger action for their justification” (50 CFR§402.02). The Forest has not identified any interrelated actions associated with the proposed action.

6.3 Dichotomous Key (to be used in part for the Determination Rationale)

1. Does the authorizing agency have discretionary authority to grant, modify, or amend provisions of the use authorization(s)? Yes/No

2. Are there naturally reproducing species listed or proposed for listing present at any time of the year in riverine habitat directly or indirectly affected by the actions? Yes/No

o If "Yes", continue with question #3 through #11. If "No", document the "NO EFFECT" determination and the evaluation is completed.

3. Can the action change the existing input of Large Woody Debris (LWD) into occupied habitat? Yes/No/NA

4. Can the action affect stream morphology for occupied habitat? Yes/No/NA

5. Can the action affect properly functioning condition of the riparian area for occupied habitat? Yes/No/NA

6. Can the action affect water quality and/or quantity in occupied habitat? Yes/No/NA

7. Can the action affect the water flow regime/annual hydrography in occupied habitat? Yes/No/NA

8. Can the action affect juvenile or adult behavior related to survival or reproduction? Yes/No/NA


18

9. Will the action involve toxic and/or hazardous materials, which may reach, occupied habitat? Yes/No/NA

10. Can the action affect juvenile or adult access to habitat? Yes/No/NA

11. Can the action affect substrate material? Yes/No/NA

A "No" responses to question #3-11 will result in a "NO EFFECT" finding and should be documented in the action file.

A "Yes" to any of the questions #3-11, results in a "MAY AFFECT" determination; continue with questions #12-14.

12. Are the effects described in #3-11 inconsequential/temporary in nature? Yes/No/NA

13. Do the actions employ Best Management Practices (BMP's) designated to meet State water quality standards? Yes/No/NA

14. Is mitigation established that will preclude or reduce measurable effects on species and their habitat? Yes/No/NA

"Yes" responses to #12-14 results in a "NOT LIKELY TO ADVERSELY AFFECT" determination.

"No" responses to #12-14 results in a "LIKELY TO ADVERSELY AFFECT" determination. If the project can't be mitigated to a "NOT LIKELY TO ADVERSELY AFFECT", go to Documentation of Expected Incidental Take.

6.4 Cumulative Effects

There are no Private Land or State Land activities within the ESA Action Area. There are no cumulative effects to fish and fish habitat within the ESA Action Area associated with State or Private land activities.

6.5 Management Indicator Species

The Salmon-Challis National Forest completed a Forest Plan Amendment for its Management Indicator Species (MIS) in 2004. In this Forest Plan Amendment the bull trout is the MIS fish species on the Salmon-Challis Forest.

With the change in Idaho bull trout fishing regulations in the mid-1990’s, basin-wide populations of bull trout appear to be gradually recovering as older, larger, more fecund fluvial individuals within the meta-population begin rebuilding and reestablishing spawning runs to tributary streams within the sub-basin. The increase of spawning activity from these mature fluvial adults, in association with increased spawning activity of protected smaller resident individuals (now reaching maturity at five to seven years of age) have set the stage for a potential broad scale, upward trend of bull trout populations throughout the basin.

This analysis also considered how proposed activities will affect bull trout population viability and bull trout population trend across the Salmon-Challis National Forest. The Musgrove Exploration Drilling Project’s activities along with the Project Design Features to be incorporated into the Decision Notice will maintain existing bull trout viability, maintain the bull trout population trend and maintain bull trout habitat on the Salmon-Challis National Forest. The rationale for this assessment is based in part on this documents biological assessment determination for bull trout as No Effect.


19

7.0 Determination of Effects It is my determination that the proposed Musgrove Exploration Drilling Project’s activities shall have NO EFFECT to the federally listed endangered Snake River sockeye salmon, threatened Snake River spring/summer Chinook salmon, threatened steelhead, and threatened bull trout.

It is my determination that the proposed Musgrove Exploration Drilling Project’s activities shall have NO EFFECT on the Designated Critical Habitat for the Snake River sockeye salmon, Snake River spring/summer Chinook salmon, Snake River Basin steelhead and the Columbia River Basin bull trout.

It is my determination that the proposed Musgrove Exploration Drilling Project’s activities shall have NO EFFECT on the Essential Fish Habitat for Chinook salmon.

It is also my determination that the proposed Musgrove Exploration Drilling Project’s activities shall have NO IMPACT on the R4 sensitive fish and its habitat.

Table 4 - Summary of Determination of Effects

8.0 Rationale for the Determinations In making the determinations of the effects of the Musgrove Exploration Drilling Project’s activities the primary consideration for the “No Effect” determinations was:

1. There are no fish streams found within the project’s ESA Action Area or Fisheries Analysis Area.

2. There are no sockeye salmon, Chinook salmon, steelhead and bull trout found within the ESA Action Area.

3. There is no designated critical habitat for sockeye salmon, Chinook salmon and steelhead and bull trout within the ESA Action Area.

4. There is no essential fish habitat for Chinook salmon within the ESA Action Area

5. There is no westslope cutthroat trout found within the Fisheries Analysis Area

6. There is no westslope cutthroat trout habitat found within the Fisheries Analysis Area

7. The project’s assessment as described in Section 6.3’s supports a No Effect Determination and a No Impact Determination

9.0 Monitoring There is No Required Fisheries Monitoring associated with this Biological Assessment/Biological Evaluation.

SpeciesDesignated

Critical Habitat

Essential Fish

HabitatSpecies

Designated Critical Habitat

SpeciesDesignated

Critical Habitat

SpeciesDesignated

Critical Habitat

Determination1 No Effect No Effect No Effect No Effect No Effect No Effect No Effect No Effect No Effect

Steelhead Bull Trout Sockeye SalmonChinook Salmon


20

10.0 References Cited USDI, USFWS, 2017. US Fish and Wildlife Service ESA Official Species List. List of threatened and endangered species that may occur in your proposed project. Consultation Code: 01EIFW00-2017-SLI-0778 Event Code: 01EIFW00-2017-E-01386 Project Name: Musgrove Exploration Drilling Project, April 05, 2017

U.S. Office of the Federal Register. 1991. 56FR58619 - Endangered and Threatened Species; Endangered status for Snake River sockeye salmon. [See Fed Reg. November 20, 1991 (Vol.56, Number 225)]. Effective December 20, 1991.

U.S. Office of the Federal Register. 1992. 57FR14653 - Endangered and Threatened Species; Threatened status for Snake River spring and summer Chinook salmon. [See Fed Reg. April 22, 1992 (Vol.57, Number 78)]. Effective May 22, 1992.

U.S. Office of the Federal Register. 1993. 58FR68543 –Sockeye Salmon and Chinook Salmon Critical Habitat designation) [See Fed Reg. December 28, 1993 (Vol.58, Number 247)]. Effective January 27, 1994.

U.S. Office of the Federal Register. 1997. 62FR43937 - Endangered and Threatened Species; Threatened status for Snake River steelhead. [See 62 Fed Reg. August 18, 1997 (Vol.62, Number 159)]. Effective October 17, 1997.

U.S. Office of the Federal Register. 1998. 63FR31647 - Endangered and Threatened Species; Threatened status for bull trout. [See Fed Reg. June 10, 1998 (Vol.63, Number 111)]. Effective July 10, 1998.

U.S. Office of the Federal Register. 1999. 58FR68543 – Designated Critical Habitat: Revision of Critical Habitat for Snake River Spring/Summer Chinook Salmon) [See Fed Reg. October 25, 1999 (Vol.64, Number 205)]. Effective November 24, 1999.

U.S. Office of the Federal Register. 2002. 67FR2343 - Magnuson-Stevens Act Provisions; Essential Fish Habitat (EFH) [See Fed Reg. January 17, 2002 (Vol.67, Number 12)]. Effective February 19, 2002.

U.S. Office of the Federal Register. 2005. 70FR52630 – Endangered and Threatened Species; Designation of Critical Habitat for 12 Evolutionarily Significant Units of West Coast Salmon and Steelhead in Washington, Oregon, and Idaho [See Fed Reg. September 2, 2005 (Vol.70, Number 170)]. Effective January 2, 2006.

U.S. Office of the Federal Register. 2005. 70FR56212 –Bull Trout Critical Habitat designation) [See Fed Reg. September 26, 2005 (Vol.70, Number 185)]. Effective October 26, 2005.

U.S. Office of the Federal Register. 2006. 71FR834 - Endangered and Threatened Species: Final Listing Determinations for 10 Distinct Population Segments of West Coast Steelhead. [See Fed Reg. January 5, 2006 (Vol.71, Number 3)]. Effective February 6, 2006.

U.S. Office of the Federal Register. 2011. 75FR63898 - Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Bull Trout in the Coterminous United States; Final Rule [See Fed Reg. October 10, 2010 (Vol.75, Number 200)]. Effective November 17, 2010.


21

11.0 Appendix A – Maps 1-3

Pa

hsime

roi

Lemhi

Sa

lmon

Mid

dle

Fork

Bear

Valley

Creek

Eas

tFo

rk

Gibbonsville

NorthFork

Shoup

Carmen

Salmon

BakerCobaltTownsite

Tendoy

Lemhi

LeadoreEllis

May

Challis

Sunbeam Clayton

Mackay

Arco

Stanley

map created byDaniel A. Garcia

4/5/2017

Musgrove Exploration Drilling Project

Salmon-Challis National ForestSalmon-Cobalt Ranger District

Map 1

TextText

TextText

Text

0 10 20 30 405Miles

1:1,100,000

Project Location

Hwy. 21

Hw

y. 7

5

Hw

y. 93

Hw

y. 28

Hw

y. 9

3

Panther Creek

Salmon River

Salmon River

North ForkSalmon River

River

River

River

Salmon River

Boise

Salmon

Pocatello

Sun Valley

Twin Falls

Coeur d'Alene

Salmon-ChallisNational Forest


22

6032

0

6032

2

60076

60273

60116-A

60115

60059

6101

360103

60112

60307

61033

6011

6

60099

6016760

055

CobaltTownsite

60210 60210

60260

60107

60116

60116A

60115

MusgroveC

reek

Fawn

Creek

Little

Woodtick

Creek

Wo

odtick

Creek

Porphyry Creek

Mo

yer

Cre

ek

Litt

leD

eer Cre

ek

Pan

ther

Cre

ek

Fourth of July Creek

Copper Creek

SpringCreek

Blackbird Creek

Dummy Creek

Salt Creek

West Fork Blackbird Creek

Ost

rand

er C

reek

60338-B6011

6-A

61000

6021

0-C

60231-E

60213

6101

4

60299

60227

60110

60299-A

6021

3-A

61031

60214

60338

60499

60115

60260

6012

260116

60107

60122-A

60107-A

6010

7-A

60059

60260-A

6103

2

6103

3-A

6026

1

60210

U201823A

Cobalt SummerRangerStation

MoyerAdministrative Site


4/5/2017


Legend

ESA Action Area

2016 proposed new roads

2016 roads to reopen Phase 1


Private Land MusgrovePatents NAD83

Water Drafting Site

Parking Lot

gate

Roads Open to All Vehicles, Yearlong

Roads Open to All Vehicles, Seasonal

Other Public Roads

Trails Open to All Vehicles, Yearlong

Trails Open to All Vehicles, Seasonal

Trails Open to Motorcycles Only, Yearlong

Trails Open to Motorcycles Only, Seasonal

Trails Open to Wheeled Vehicles Only < 50" in Width, Yearlong

Trails Open to Wheeled Vehicles Only < 50" or Less in Width, Seasonal

Level I Closed Road

U201823A

USFS Administrative Site

0 1.5 3 4.5 60.75Miles

1:70,000

Map 2Project Area



23

6032160

322

60116-A

60103

61013

60099

60115

61033

60059

60167

6005

5

6011

6

U201823A

60116

60116A

60115

Mu

sgro

ve C

reek Little Woodtick Creek

Moyer C

reek

Copper Creek

Porphyry Creek

Woodtick

Creek

Pan

ther

Creek

Blackbird Creek

Dummy Creek

West Fork Blackbird Creek

Ost

rand

erCreek

6011

6-A

61000

60059 60122-A

6101

4

60115

6012

2

60116

61033-A

60107

6010

7

60107-A

6010

7-A

60107

U2018

23A


4/5/2017


Legend

ESA Action Area

2016 proposed new roads



Private Land MusgrovePatents NAD83

Water Drafting Site

Parking Lot

gate

Roads Open to All Vehicles, Yearlong

Roads Open to All Vehicles, Seasonal

Other Public Roads

Trails Open to All Vehicles, Yearlong

Trails Open to All Vehicles, Seasonal

Trails Open to Motorcycles Only, Yearlong

Trails Open to Motorcycles Only, Seasonal

Trails Open to Wheeled Vehicles Only < 50" in Width, Yearlong

Trails Open to Wheeled Vehicles Only < 50" or Less in Width, Seasonal

Level I Closed Road

U201823A

Elevation Contour 40 foot

0 1 2 3 40.5Miles

1:40,000

Map 3ESA Action Area


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