Spread Creek Pit Bridger Teton National Forest and...

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Spread Creek Pit Bridger Teton National Forest and Grand Teton National Park Biological Evaluation August 2016 National Park Service – U.S. Department of the Interior U.S. Forest Service – U.S. Department of Agriculture Federal Highway Administration – U.S. Department of Transportation Grand Teton National Park P.O. Drawer 170 Moose, WY 83012-0170 Bridger Teton National Forest 340 N. Cache P.O. Box 1888 Jackson, WY 83001 Federal Highway Administration Western Federal Lands Highway Division 610 East Fifth Street Vancouver, WA 98661-3801

Transcript of Spread Creek Pit Bridger Teton National Forest and...

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Spread Creek Pit Bridger Teton National Forest and

Grand Teton National Park Biological Evaluation

August 2016

National Park Service – U.S. Department of the Interior

U.S. Forest Service – U.S. Department of Agriculture Federal Highway Administration – U.S. Department of Transportation

Grand Teton National Park P.O. Drawer 170

Moose, WY 83012-0170

Bridger Teton National Forest 340 N. Cache P.O. Box 1888

Jackson, WY 83001

Federal Highway Administration Western Federal Lands Highway Division

610 East Fifth Street Vancouver, WA 98661-3801

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Table of Contents

Introduction ........................................................................................................... 1

Current Management Direction .............................................................................. 1

Proposed Action ..................................................................................................... 2

Background ...................................................................................................................... 2

Operation of Spread Creek Pit ......................................................................................... 4

Conservation Measures .................................................................................................... 9

Schedule ......................................................................................................................... 11

Description of the Action Area .............................................................................. 11

Summary of Impacts ON Federally Listed, Sensitive, Management Indicator Species, and Migratory Bird Species ..................................................................... 13

Cumulative Effects ................................................................................................ 38

List of Contacts/Preparers .................................................................................... 38

Literature Cited .................................................................................................... 38 Tables Table 1. Spread Creek Pit extraction strategy. ....................................................................................... 8 Table 2. Gravel and asphalt operating dates at the Spread Creek Pit, 2014. .................................... 11 Table 3. Effects summary and determination by species. ................................................................... 14 Figures

Figure 1. Project area. ................................................................................................................................ 3 Figure 2. Spread Creek Pit operations in 2013. ...................................................................................... 4 Figure 3. Batch plant/hot plant operations, 2014. ................................................................................. 5 Figure 4. Spread Creek Pit, summer 2015. .............................................................................................. 6 Figure 5. Materials staging at the west end of the Spread Creek Pit, summer 2015.......................... 7 Figure 6. East end of the Spread Creek Pit, area reclaimed in 2004. ................................................... 7 Figure 7. Action area ................................................................................................................................ 12 Figure 8. Lynx habitat and detections in the action area. ................................................................... 32 Figure 9. Wolf habitat in the action area. .............................................................................................. 33 Figure 10. Grizzly bear habitat in the action area. ............................................................................... 34 Figure 11. Wolverine habitat in the action area. .................................................................................. 35 Figure 12. Yellow-billed cuckoo habitat near the Spread Creek Pit. ................................................ 36 Figure 13. Greater sage-grouse core habitat and leks near the Spread Creek Pit. .......................... 37

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INTRODUCTION

The purpose of this biological evaluation (BE) is to review the proposed project to continue operation of the Spread Creek Pit (pit or site) and to determine to what extent the proposed action may affect federally listed threatened, endangered, candidate, or proposed species or their critical habitat; species designated as sensitive or as management indicator species by the U.S. Forest Service (USFS); and migratory birds protected by the Migratory Bird Treaty Act (MBTA). The pit is needed to provide cost-effective sand, rock, and gravel and also serve as a staging area for ongoing repair and maintenance of roads in Grand Teton National Park (GRTE or park) and Bridger-Teton National Forest (BTNF). The site is located on both sides of the boundary line for BTNF and park lands, with the majority of the area within the BTNF. The National Park Service (NPS), in cooperation with the Western Federal Lands Highway Division of the Federal Highway Administration (FHWA), operates the pit under a Special Use Permit (SUP) issued by the USFS. The NPS proposes to renew the SUP, which will allow the NPS to continue to use the pit as a centralized site for large-scale extraction, screening, crushing, asphalt hotplant mixing, long-term material stockpiling, and immediate reclamation for the construction and maintenance needs of NPS and USFS roads.

CURRENT MANAGEMENT DIRECTION

Federally listed threatened and endangered species are protected under the Endangered Species Act (ESA) of 1973, as amended (16 United States Code (USC) 1531 et seq.). The ESA defines an endangered species as “a species in danger of becoming extinct throughout all or a large portion of its range” and a threatened species as “a species likely to become endangered in the foreseeable future” (ESA 50 Code of Federal Regulations (CFR) 17.3). Section 4 of the ESA prohibits “take” of any federally listed species. Take is defined as “to harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect” wildlife being addressed. Potential effects on a federally listed species or its habitat resulting from a project with a federal action require consultation with the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the ESA. The USFS maintains lists of sensitive species and management indicator species (MIS) that are tracked to assist field biologists, other staff personnel, and line officers to attain the USFS priorities and manage sensitive species resources from a healthy ecosystem perspective. This includes recovery of threatened and endangered species and their habitats, conservation of sensitive species and their habitats, and providing for the diversity of plant and animal communities on National Forest System lands. Migratory birds, including raptors, and any active nests are protected under the federal MBTA. While destruction of a nest by itself is not prohibited under the MBTA, nest destruction that results in the unpermitted take of migratory birds or their eggs is prohibited under the MBTA. The regulatory definition of take under the MBTA means to “pursue, hunt, shoot, wound, kill, trap, capture, or collect; or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.” In Wyoming, most birds except for European starling, house sparrow, rock dove (pigeon), and pheasant species are protected under the MBTA (§§ 703–712). Additionally, Executive Order (EO) 13186 directs federal agencies to take certain actions to implement the MBTA (66 Federal Register (FR) 3853).

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PROPOSED ACTION

The NPS and FHWA are proposing to continue operation of the Spread Creek Material Source Site for gravel extraction, crushing, asphalt hotplant mixing, and staging of extracted and processed materials. The location of the proposed action is shown in Figure 1. Background

The NPS, in cooperation with the FHWA and USFS, completed an Environmental Assessment (EA) in 1997 for developing a new material borrow site near Spread Creek to supply sand, rock, and gravel for use on BTNF and park roads. The NPS and USFS approved the development of the Spread Creek Pit as described in Alternative A of the EA for the Spread Creek Material Source Site (NPS 1997; USFS 1997; FHWA 2003). The pit began operations in 1998 and has continued in operation through 2016. The USFS SUP for the pit expired on December 31, 2014. The pit is currently operating under a temporary SUP. No extraction has taken place since 2014, although the staging areas have been used to store gravel and other materials. The pit covers about 22 acres and was estimated to contain about 650,000 cubic yards of raw material when it began operations in 1998. Since 1998, the pit has been used for large-scale extraction, screen/crushing, asphalt hotplant mixing, and reclamation. Approximately 333,000 cubic yards of raw material were extracted from the pit from 1998 through 2013. For each road project, the NPS or USFS extracts, stockpiles materials, and reclaims within one or two construction seasons to reduce impacts the pit may have on vegetation communities and wildlife habitat. Projects initiated for the park may be prepared and administered by the FHWA. Under the existing SUP, activities at the pit are limited to the period from June 15 to October 31, unless specifically authorized by the USFS. Material from the pit is used solely for federal projects related to infrastructure construction for the NPS, USFS, and FHWA. No private entities are entitled to use material from the pit. Extraction began at the east end of the pit and has progressed to the west away from previously reclaimed areas (Figure 2). Reclamation activities took place in 2004 and 2012 on the eastern portions of the pit for which mining is complete. No extraction has occurred in the park. The portion of the site in the park is used for intermittent staging and stockpiling of materials. Although the original EA stated that up to 8.4 acres within the park would be used for large-scale staging and stockpiling, only 3.0 acres within the park have been used, and the park does not plan to expand the staging area within the park beyond the existing 3.0-acre disturbed area.

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Figure 1. Project area.

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Figure 2. Spread Creek Pit operations in 2013. Operation of Spread Creek Pit

The NPS, in cooperation with the FHWA and USFS, proposes to continue operations at the pit under a new SUP. The pit has the potential for another 20 years of extraction without expanding the existing footprint. A new SUP may be issued, which will allow for continued operation of the pit. The project area will be used intermittently as a material source for park and USFS road projects. The portion of the site on BTNF lands will be used as a staging area for contractor operations, including crushing and stockpiling aggregate materials, producing asphalt hot mix, stockpiling associated construction materials, and providing parking for construction equipment and vehicles (Figure 3). The most recently mined portion of the Spread Creek Pit is shown in Figure 4. During extraction operations, a designated employee camping area consisting of trailers will be established at the southern edge of the pit (Figure 2). Equipment used for extraction activities will include front-end loaders, excavators, dump trucks, and bulldozers. The 3.0-acre portion of the site within the park will be used for intermittent staging and stockpiling for major road construction projects. No gravel extraction will occur in the park. No new surface disturbance will occur outside the 22-acre area already disturbed under the previous SUP. Following each extraction project, clean unusable material will be used to recontour the excavation site and the previously mined areas will be reclaimed with native vegetation according to a reclamation plan developed by the park in cooperation with the USFS. Reclamation will take place as each extraction phase is complete, or as directed under a reclamation plan approved by the USFS.

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A “flip-flop” of the staging area at the western end of the pit area and the active extraction area is proposed. The current staging area at the western end of the pit contains material that will be extracted in the future. When material is extracted from the current staging area, the staging area will be moved to the area reclaimed in 2012 (Figure 2). In addition, a strip of land along the northern edge of the pit has been used for stockpiling topsoil in the past and may be used for extraction in the future.

Figure 3. Batch plant/hot plant operations, 2014. The existing access road within the pit boundary will be used for access; no expansion of existing access roads will occur. During extraction activities, an increase in the number of vehicles visiting the pit will occur. The increase in vehicle traffic will vary depending on the size of the extraction project and the phase of work. In 2014, when extraction was ongoing, the average number of vehicles using the pit was 43.8 per day during the period from June 19 to September 20. The minimum daily use was 2 vehicles and the maximum daily use was 162 vehicles. Most vehicles used the site between 6 am and 9 pm. Operation of the pit will result in elevated noise levels at the pit and in surrounding areas. The past Spread Creek operations included four distinct noise sources: gravel and other product staging and hauling from the NPS storage area just west of the pit, gravel extraction and processing from the pit itself, asphalt production adjacent to the excavated pit, and noise from the contractors’ adjacent camping zone that includes a large generator that operated around the clock during several weeks. Gravel extraction and asphalt production occurred during distinct times, but the camping area generator and heavy equipment use in the storage area occurred throughout the summer. Past noise level studies conducted by the NPS have found that plant operations were audible during 70% of the day at distances greater than 1 mile (NPS 2014) and low-frequency sounds produced during gravel and asphalt operations were sometimes up to 10

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decibels (dBC) louder than ambient conditions more than 1 mile from the pit (MacDonald 2014).

Figure 4. Spread Creek Pit, summer 2015. The site will also be used as a smaller scale continuous stockpiling and staging area for park road maintenance operations (Figure 5). This use will occur regardless of whether the site is being used for extraction activities. All uses, including material stockpiles, will be confined within the pit boundaries. The reclaimed area at the eastern edge of the pit is shown in Figure 6.

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Figure 5. Materials staging at the west end of the Spread Creek Pit, summer 2015.

Figure 6. East end of the Spread Creek Pit, area reclaimed in 2004. Extraction is expected to continue for the foreseeable future, with some years having extensive extraction activities and some years having less or no extraction activities. Past and future projects expected to require extraction activities at the pit are shown in Table 1.

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Table 1. Spread Creek Pit extraction strategy.

Project Name Project Number Year Estimated Material

Volume Required (yd3) Remaining Quantity (yd3)

Raw Processed Original Estimate in 1997 650,000 Total Extracted through 2013 (approximate) 333,000

Amount Remaining in 2013 (approximate)

317,000

Eastside Highway, Craighead Hill to Cunningham Cabin

WY PRA GRTE 10(12) 2014 40,000 30,000 277,000

Grand Teton Park Pathways, Phase 3 WY PLD GRTE 700(2) 2015 0 0 277,000 Roundabout Gros Ventre Junction, Phase 4 WY NPS GRTE 700(4) 2016 5,000 4,000 272,000

Grand Teton Park Pathways, Phase 5 WY NPS GRTE 700(5) 2016 4,000 3,000 268,000 Deadman's Bar Road WY NPS GRTE 217(1) 2016 8,000 6,000 260,000 Totals – 2013 through 2016 2016 57,000 43,000 260,000 Future Projects – 2016 through 2036 (yearly average) 2016-2036 13,000 10,000 varies

Totals – 2016 through 2036 2036 260,000 195,000 0 Last updated: May 2016. All information is currently in draft form and is approximate.

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Conservation Measures

The following mitigation measures/design criteria will be implemented to protect federally listed species, sensitive species, MIS, and migratory birds. General conservation measures are listed, followed by measures specific to Canada lynx, gray wolves, grizzly bear, greater sage-grouse, yellow-billed cuckoo, and ungulates. General

• Construction supervisors and workers will be informed about the potential for threatened, endangered, and sensitive species in or near the work area. Contract provisions will require stopping construction activities if a special status species is discovered in the action area until NPS and USFWS staff reevaluate the project. Modification of the contract could occur to include protective measures deemed necessary to protect species or habitats.

• The park, USFS, and FHWA will implement all additional conservation measures that result from consultation with the USFWS.

Canada Lynx

• All project activities will adhere to all relevant conservation measures outlined in the Northern Rockies Lynx Management Direction (USFS 2007) and Lynx Conservation Assessment and Strategy (Interagency Lynx Biology Team 2013).

Gray Wolf

• All project activities will comply with park Superintendent’s Compendium (NPS 2015a, and as updated) closures implemented around wolf den/rendezvous sites. Seasonal area closures may be implemented up to 1 mile around den/rendezvous sites as needed, typically between 15 April and 15 August. All closures will apply to park land.

Grizzly Bear

• All project activities will comply with GRTE’s Superintendent’s Compendium (NPS 2015a, and as updated) regulations related to food storage and park recommended best management practices for living and working in bear country. Bear “attractants” include food, drinks, garbage, cooking utensils, dirty/soiled pots/pans/plates, stoves, grills (charcoal or gas), empty or full coolers, storage containers with food or previously holding food (except approved bear resistant canisters), beverage containers, pet food/bowls, and any odorous item that may attract a bear such as toiletries.

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• All personnel working at the site must ensure that all bear attractants are attended at all times. All unattended attractants must be stored securely inside a building, a bear-resistant food storage locker (if available), an Interagency Grizzly Bear Committee (IGBC) approved portable bear-resistant food storage canister, or in a hard-sided vehicle with doors locked and windows closed or disposed of properly in a bear-resistant garbage receptacle. Backpacks and/or daypacks containing unsecured attractants (i.e., not in a canister) may not be left unattended.

• All personnel working on the project must attend a briefing on proper food/attractant storage and bear safety presented by a qualified member of the park’s bear management team. Contact the park’s Bear Management Office at least one week prior to the desired start date to schedule a briefing. The BTNF will be available to assist the park with briefings upon request.

• All human-bear conflicts (property damage, human-food rewards, or injury to humans or bears) will be reported to Teton Interagency Dispatch Center immediately. All bear sightings will be reported to the Bear Management Office and BTNF Forest Supervisor’s Office as soon as possible.

• Provide for proper storage and disposal of materials that may be toxic to bears. All potentially toxic attractants, including petroleum products, will be stored or disposed of in such a way that they are not available to bears. No open dumpsters will be allowed.

• Equipment, materials, and supplies in the staging area(s) will be secured by hard-sided storage containers.

• Work will be temporarily halted if grizzly bears approach within 100 yards of the site. Workers will allow the bear(s) to pass through the work area before starting or resuming activities.

• In addition to the measures described above, work at the site will comply with the BTNF Grizzly Bear Protection Plan, Spread Creek Gravel Source Grizzly Bear Management and Protection Plan, and BTNF Food Storage Order (Order Number 04-00-104). These documents are attached in Appendix A.

Yellow-Billed Cuckoo

• The park will conduct surveys for yellow-billed cuckoos in potential habitat around the Spread Creek Pit. If yellow-billed cuckoos are detected anywhere in the action area, the park will consult with Fish and Wildlife Service to establish mitigations ensuring no adverse effects on the species.

Greater Sage-Grouse and Ungulates

• Activities at the pit will be limited to the period from June 30 to October 31. The timing restriction is intended to benefit greater sage-grouse and ungulates, but will also benefit federally listed species and other sensitive species. If credible data, based on field analysis conducted by the NPS, indicates that an earlier start time will not impact sage-grouse leks, the start time may be shifted up to 14 days earlier.

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Schedule

Under the current SUP, activities at the pit are allowed from June 15 through October 31. If a new SUP is issued, activities will typically begin on June 30 and typically end by October 31. The start date may be shifted to June 15, depending on restrictions of use of the area to protect greater sage-grouse and discussions with the USFS. In 2014, operations at the pit began on June 19 and continued through September 20. Plant operating times from 2014 are shown in Table 2. Extraction and other activities at the pit will be authorized for an additional 20 years. Table 2. Gravel and asphalt operating dates at the Spread Creek Pit, 2014.

Plant Operating Conditions Start date End date Gravel setup 6/20/14 6/21/14 Gravel extraction 6/24/14 6/28/14 Gravel extraction 7/5/14 7/17/14 Asphalt setup 8/4/14 8/14/14 Asphalt production 8/14/14 8/22/14 Asphalt production 8/25/14 8/29/14 Asphalt demobilization 9/2/14 9/12/14

DESCRIPTION OF THE ACTION AREA

The action area includes all areas where federally listed threatened, endangered, candidate, or proposed species; sensitive species, MIS, or migratory birds may be directly or indirectly affected by the proposed action. The action area is defined as the pit and a buffer of 2 miles surrounding the pit (Figure 7). The buffer around the pit was added to account for potential impacts from sound from extraction activities at the pit and road traffic noise along the road, and for consistency with the Moose-Wilson Corridor BA, which included a 2-mile buffer around the pit (NPS 2015b). The action area is partially within the BTNF and partially within the park. The project area includes unvegetated areas used for extraction and staging and previously reclaimed areas. Vegetation of the reclaimed areas at the eastern end of the project area is dominated by mountain brome and slender wheatgrass. Vegetation in the action area surrounding the pit is primarily big sagebrush, with an understory of grasses and forbs. The pit is 5 to 15 feet above the adjacent floodplain of Spread Creek. The area immediately north of the pit is covered with an open mix of cottonwood, willow, sagebrush, and open areas. Farther north, on the north side of Spread Creek, is an expansive area dominated by sagebrush. South of the pit, vegetation includes dense stands of coniferous forest with smaller amounts of aspen interspersed with sagebrush. The lower portion of Forest Road 30290 traverses a willow-dominated community for about 0.6 mile. North of the pit and Spread Creek Road, the riparian vegetation within the active floodplain is sparse, with isolated cottonwood trees and clumps of willow.

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Figure 7. Action area

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SUMMARY OF IMPACTS ON FEDERALLY LISTED, SENSITIVE, MANAGEMENT INDICATOR SPECIES, AND

MIGRATORY BIRD SPECIES

Federally listed threatened, endangered, candidate, proposed, and sensitive species potentially occurring in the action area are presented in Table 3.

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Table 3. Effects summary and determination by species.

Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

Canada lynx and lynx critical habitat Lynx canadensis

Threatened Presence: Possible (mapped critical habitat) Habitat: Yes

NLAA

Canada lynx occur in boreal forest types and adjacent habitats with a high density of snowshoe hares. In Wyoming, lynx primarily occur in spruce-fir and lodgepole pine forests. Critical habitat for Canada lynx has been designated in the action area (USFWS 2014a). The action area includes areas within lynx mapped habitat (Figure 8). A portion of the action area is within the Spread Creek West lynx analysis unit (LAU). While the pit itself is not located in an area that has typical lynx habitat characteristics, it is adjacent to boreal forests and could provide connectivity between habitat patches. Most of the action area lacks foraging and denning habitat and is considered matrix habitat. The southern portion of the action area, however, may provide foraging habitat. Tree regeneration within the action area after logging and fire may also lead to a greater portion of the action area being suitable foraging habitat for lynx. There have been two verified lynx detections within the action area – off of Toppings Lake Road in the southern portion of the action area – one in 2007 and one in 2009 (Figure 8). Lynx may occasionally forage in the southern portion of the action area and may occasionally occur in the northern portion of the action area when they move between more suitable habitat types elsewhere. Potential direct and indirect effects of the proposed action on lynx could include disturbance from increased noise and activity during pit operations and potential collisions with vehicles. The proposed action will not remove any vegetation or result in any changes to lynx habitat in the action area and will not affect any known foraging or denning areas for lynx. The action area is likely only used by lynx as a movement corridor, and the proposed action will not create new barriers to movement. Conservation measures, including timing limitations on pit operations that will restrict pit operations in the winter, are discussed in-depth in the biological assessment (BA) for this project (NPS 2016a) and above, under Conservation Measures. The proposed action will result in an increase in human activity and noise associated with operation of the Spread Creek Pit for a period of several weeks of the year during years when the pit is operational. The increase in noise and human activity could affect the behavior of individual lynx, causing them to avoid the area or change their movements. Any impact on lynx movements will be seasonal, limited to periods when the pit is in operation. The action area contains suitable matrix (movement) habitat for lynx, and there may be limited foraging and denning habitat present, as indicated by the two lynx observations in the southern portion of the action area. The proposed action, however, will not result in new impacts on vegetation and, thus, will not result in a loss of lynx matrix or foraging habitat. There is a small chance of a lynx being struck by a construction vehicle on the unpaved road leading to the pit from the west. Lynx mortality is very unlikely, and therefore discountable, because of the relatively low speeds (less than 30 mph) on this secondary road and the low likelihood of lynx being in the area. There is also the possibility of a lynx being struck by a construction-related vehicle on U.S. 89/191. Most traffic related to pit operations will occur during daylight hours. As described in the BA, the additional project-related vehicles on U.S. 89/191 during pit operations will result in an increase in traffic of 0.6 to 0.8% depending on the month, an insignificant increase in traffic given the relatively large amount of existing traffic on the road. Based on the analysis above, the proposed action may affect, but is not likely to adversely affect, lynx and will have no effect on lynx critical habitat.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

Gray wolf Canis lupus

EXP, Sensitive Presence: Probable Habitat: Yes

NLAA

Wolves are habitat generalists and live throughout the northern hemisphere. They require ungulate prey, including elk, moose, and mule deer. The species’ main threat is human-caused mortality (NatureServe 2016). The action area supports habitat for wolves and a suitable prey base. However, the project will not have measurable effects on habitat for the preferred prey base (see elk, moose, and mule deer below). The Phantom Springs pack, which consists of three wolves, last denned in the Elk Ranch Reservoir area in 2013, about 2 to 3 miles from the pit. The same general den area has been used most years by various packs since 1999. In late January 2016, the Lower Gros Ventre pack, consisting of five wolves, was using the action area, mostly to the north and east of the pit, during the early winter of 2015-2016. No den or rendezvous sites have been documented in the action area. The Huckleberry pack, consisting of 10 wolves in 2015, has a range that intersects the action area (Figure 9). Pups are born between mid-April and early May in this region. Packs maintain rendezvous sites during pup-rearing throughout the summer. Project activities will occur during the latter part of wolf denning periods, after June 30 (or possibly June 16; see Greater Sage-Grouse discussion below). Gray wolves are known to be sensitive to human disturbances, and individuals could be temporarily displaced during periods of project activities. If a gray wolf pup-rearing is found within the action area, a 1-mile closure buffer around the den will be implemented within the park from April 15 to August 15, per the Superintendent’s Compendium (NPS 2015a and as updated). The potential exists that wolves could become food conditioned due to improper food storage or deliberate feeding at the Spread Creek Pit or contractor camping area, resulting in control actions to remove the wolves. Implementation of food storage requirements, as described under Conservation Measures, will minimize the potential for wolves to become food conditioned. To date, no control actions have been implemented to remove food-conditioned wolves in the park. Potential direct effects on wolves also could include being struck by a construction-related vehicle. The proposed action will result in increased traffic on the unpaved road leading to the pit during pit operations. Wolf mortality is very unlikely because of the relatively low speeds (less than 30 mph) on this secondary road and because any wolves in the area will likely avoid the road corridor during high traffic periods. There is also the possibility of a wolf being struck by a construction-related vehicle on U.S. 89/191. As described above for the lynx, the additional project-related traffic on U.S. 89/191 will be an increase in traffic of 0.6 to 0.8% depending on the month, an insignificant increase in traffic given the relatively large amount of existing traffic on the road. For these reasons, the proposed action is unlikely to result in wolf mortalities related to an increase in traffic. For these reasons, the proposed action may affect, but is not likely to adversely affect, the gray wolf.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

Grizzly bear Ursus arctos horribilis

Threatened Presence: Probable Habitat: Yes

NLAA

Now found mostly in arctic tundra, alpine tundra, and subalpine mountain forests, grizzly bears once used a wide variety of habitats including open prairie, brushlands, riparian woodlands, and semidesert scrub. Most populations require large areas of suitable habitat. This species is known to occur near the project area (NatureServe 2016). The Spread Creek Pit is in grizzly bear occupied habitat and in the Demographic Monitoring Area. The pit is outside the Grizzly Bear Recovery Zone. Grizzly bears are known to use the area around the pit and have been observed in the area in recent years. The action area is within ungulate habitat that may provide foraging opportunities for grizzly bears. Grizzly bears feed on ungulates as winter-killed carrion from March through May (Mattson and Knight 1992). No known den sites occur within the action area. Grizzly bear ecology is discussed in depth in the BA for this project (NPS 2016a). Grizzly bear habitat and range in the action area is shown in Figure 10.

The Final Conservation Strategy for the Grizzly Bear in the Greater Yellowstone Area (2007), management recommendations in the Grizzly Bear Forest Plan Amendment (2005), pertinent standards and guidelines in the Bridger-Teton Forest Plan, and subsequent management direction per the IGBC provide the framework for assessing project effects on grizzly bears and their habitat. Per that direction, grizzly bear habitats have been designated and mapped on the BTNF. The pit is located within the Buffalo-Spread Creek Bear Management Unit (BMU). Between 2007 and 2012, female grizzlies (sows) with cubs have been observed within the Buffalo-Spread Creek Bear BMU (Haroldson 2012).

Potential direct and indirect effects on grizzly bears could include disturbance from increased noise and human activity during pit operation, management actions to remove bears that become habituated or food-conditioned, or injury or mortality resulting from vehicle strikes. The proposed action will not result in any new loss of vegetation and, thus, will not result in habitat loss for grizzly bears.

Increased human activity and noise at the pit could cause grizzly bears to avoid the action area, especially the area immediately around the pit, during times when the pit is operational. Most operations and noise disturbance will occur during the daylight hours when bears are less active, with the exception of generator use and human presence at the contractor camping area, which will potentially occur at all hours. Although a few individual grizzly bears may slightly alter their movements because of pit operations, the noise and human presence resulting from the proposed action is not expected to affect grizzly bear habitat or populations.

The potential also exists for grizzly bear mortality from management actions to remove or relocate grizzly bears that have become habituated to human presence or food conditioned. Human-habituated or food-conditioned bears are more likely to be killed by humans than nonhabituated bears (Mattson et al. 1992). All personnel working at the Spread Creek Pit will be required to attend a briefing session on grizzly bears and proper food storage. Food storage requirements described in the Conservation Measures section will be strictly enforced by the BTNF. These measures should greatly reduce the risk of human conflicts with grizzly bears. During the previous 20 years of pit operations, no human-grizzly bear conflicts have been recorded at the pit.

The proposed action will result in an increase in traffic to and from the pit during pit operations; thus, there is the potential for a grizzly bear to be struck by a vehicle traveling to or from the pit. To date, all documented grizzly bear-vehicle collisions in the park have occurred on roads with speed limits of 45 mph or higher. Vehicles traveling the unpaved road connecting U.S. 89/191 to the pit travel at a relatively low rate of speed (less than 30 mph), night traffic will be minimal, and any grizzly bears in the action area will likely avoid the road corridor during high traffic periods. There is also the possibility of a grizzly bear being struck by a construction-related vehicle on U.S. 89/191. As described above for the lynx, the additional project-related traffic on U.S. 89/191 will be an increase in traffic of 0.6 to 0.8% depending on the month, an insignificant increase in traffic given the relatively large amount of existing traffic on the road. For these reasons, the proposed action is unlikely to result in grizzly bear mortalities related to an increase in traffic.

For these reasons, the proposed action may affect, but is not likely to adversely affect, the grizzly bear.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

North American wolverine Gulo gulo (luscus)

Proposed for listing; Sensitive Presence: Possible Habitat: Yes

NJ

The distinct population segment (DPS) of the North American wolverine inhabiting the contiguous United States was proposed for listing as threatened under the ESA on February 4, 2013 (USFWS 2013). On August 14, 2014, the USFWS withdrew the proposal to list the DPS as threatened (USFWS 2014b); however, the USFWS withdrawal of the Propose Rule to list the DPS of North American wolverine was vacated by the courts on April 4, 2016. The USFWS returned the wolverine to proposed status in May 2016. This species inhabits alpine and arctic tundra and boreal and coniferous mountain forests, especially large wilderness areas and areas with snow on the ground in winter. Wolverines may disperse through atypical habitat. When inactive, wolverines occupy dens in caves, rock crevices, under fallen trees, in thickets, or similar sites (NatureServe 2016). Deep, persistent, and reliable spring snow cover (April 15 to May 14) is the best overall predictor of wolverine occurrence in the contiguous United States. Wolverine year-round habitat use takes place almost entirely within the area defined by deep, persistent spring snow (USFWS 2013). This is likely related to the wolverine’s need for deep snow during the denning period (USFWS 2013). No records exist of wolverines denning anywhere but in snow, despite the wide availability of snow-free denning opportunities within the species’ range (USFWS 2013). The deep, persistent spring snow layer in the Copeland et al. (2010) analysis captures all known wolverine dens in the Distinct Population Segment (USFWS 2013). However, it should be noted that the Copeland et al. (2010) analysis depicts areas that are snow covered through May 15 in at least 1 out of 7 years (USFWS 2014b). Additionally, except for denning females (denning habitat is not considered scarce or limiting to wolverine reproduction), wolverines are occasionally observed in areas outside the mapped deep, persistent snow zone, and factors beyond snow cover may play a role in overall wolverine distribution (USFWS 2014b). Wolverines are opportunistic feeders and consume a variety of foods. They may consume carrion, small mammals and birds, fruits, berries, and insects (USFWS 2015). Potential wolverine denning habitat in the action area, as modeled by the Copeland wolverine habitat snow model (Copeland 2010) is shown in Figure 11. The action area has riparian habitat, is bordered by boreal and coniferous mountain forest, and has snow cover during winter months. A small number of individuals are known to occur on the forest, and could possibly occur within the action area. Since this species is known to be sensitive to human disturbances, individuals could be temporarily displaced during periods when the pit is active. The proposed action will not remove additional vegetation, will not affect snow cover, and will have an overall insignificant impact on wolverine habitat. Reclamation will include restoring native vegetation and recontouring the pit as close to its pre-excavation contours as possible. Risk of wolverine fatalities from traffic associated with the pit may increase during when the pit is operating; however, this increased risk will be small given the low speeds (less than 30 mph) on the road accessing the pit. As described above for the lynx and grizzly bear, the additional project-related traffic on U.S. 89/191 will be an insignificant increase in traffic, given the relatively large amount of existing traffic on the road, and is not likely to result in wolverine mortality. For these reasons, the proposed action will not jeopardize the continued existence of the wolverine DPS.

Fisher Martes pennant syn. Pekania pennanti

Sensitive Presence: Not suspected Habitat: No

NI

This species inhabits upland and lowland forests, including coniferous, mixed, and deciduous forests. Fishers occur primarily in dense coniferous or mixed forests, including early successional forest with dense overhead cover. Fishers commonly use hardwood stands in summer but prefer coniferous or mixed forests in winter. They generally avoid areas with little forest cover or significant human disturbance and, conversely, prefer large areas of contiguous interior forest (NatureServe 2016). The pit and adjacent areas do not have contiguous interior forest habitat and has large areas with little forest cover. The action area does not support suitable habitat for fisher individuals or populations and, therefore, no impacts on this species are anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

Townsend’s western big-eared bat Corynorhinus townsendii townsendii

Sensitive Presence: Not suspected Habitat: No

NI

This species prefers relatively cold places for hibernation, often near entrances and in well-ventilated areas. It uses caves, buildings, and tree cavities for night roosts. Throughout much of its known range, this bat commonly occurs in mesic habitats characterized by coniferous and deciduous forests (NatureServe 2016). Such nesting sites are not known or suspected to occur within the action area of the pit; thus, the proposed action will have no impact on this species.

Rocky Mountain bighorn sheep Ovis canadensis canadensis

Sensitive, MIS Presence: Not suspected Habitat: No

NI

Bighorn sheep occur in mesic to xeric, alpine to desert grasslands or shrub-steppe in mountains, foothills, or river canyons. Many of these grasslands are fire-maintained. Suitable escape terrain (e.g., cliffs and talus slopes) is an important feature of the habitat (NatureServe 2016). In northwest Wyoming, sheep use primarily alpine tundra and associated rocky cliff areas during summer. In winter, they use lower-elevation open, grassy benches and southerly slopes, with some herds wintering on windswept ridges at high elevations (Wyoming Game and Fish Department (WGFD) 2010). The action area includes Rocky Mountain bighorn sheep range, but has neither summer nor winter suitable habitat for this species, and it is not likely individuals or herds are found within the action area (WGFD 2016). Therefore, no impacts on this species are anticipated.

Elk Cervus elephus

MIS Presence: Probable Habitat: Yes

No adverse effects

This species uses open areas such as alpine pastures, marshy meadows, river flats, and aspen parkland; as well as coniferous forests, brushy clear cuts or forest edges, and semidesert areas. It calves in valleys or in areas as high as alpine tundra. Newborns initially may be hidden in rough terrain or dense cover (NatureServe 2016). The Jackson elk herd, with a population of about 11,000 individuals, overlaps the action area (WGFD 2014). Elk crucial winter range and year-round range are located within the action area. The sagebrush flats north and south of the pit are elk parturition areas (WGFD 2016). Elk have been known to use the area in the summer months, and the area is a migration corridor between summer and winter ranges during May, June, October, and November (NPS 1996). Elk are known to be sensitive to human disturbance activities, especially high-intensity long-term activities. Reclamation activities outlined in the pit’s reclamation plan will result in relatively unchanged habitat conditions for elk in the long term, after pit activities cease. The proposed action will not result in any new impacts on vegetation and, thus, will have an overall insignificant impact on elk. Pit operations may result in some disturbance and avoidance of the area by elk. The pit could temporarily impact individual elk if they occurred in the action area during pit operations. Risk of elk fatalities from traffic associated with the pit may increase when the pit is operating; however, this increased risk will be small given the low speeds (less than 30 mph) on the road accessing the pit. As described above for the lynx and grizzly bear, the additional project-related traffic on U.S. 89/191 will be an insignificant increase in traffic, given the relatively large amount of existing traffic on the road, and is not likely to result in elk mortality. Pit operations will not occur during winter months, thus avoiding adverse impacts on elk crucial winter habitat. Abundant displacement habitat is located immediately adjacent to the pit on all sides, and no road improvements are planned. Therefore, adverse effects on this species are not anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

Moose Alces alces americana

MIS Presence: Probable Habitat: Yes

No adverse effects

This species prefers a mosaic of second growth forest, openings, swamps, lakes, and wetlands. It requires water bodies for foraging and hardwood-conifer forests for winter cover and avoids hot summer conditions by using dense shade or bodies of water. In northwestern Wyoming, moose depend on old growth forest in winter. Young are born in protective areas of dense thickets (NatureServe 2016). Moose will use sagebrush flats for foraging, especially if bitterbrush is present (NPS 2015b). The action area includes suitable moose habitat, including crucial winter range and year-round range (WGFD 2016). Conservation measures that will reduce or eliminate impacts on moose populations include restricting pit operations during winter and calving seasons to avoid disturbing and disrupting moose use of the area. Pit activities will not be located in riparian or wetland areas. Improvements to roads associated with the pit are not planned. Risk of moose fatalities from traffic associated with the pit may increase when the pit is operating; however, this increased risk will be small given the low speeds (less than 30 mph) on the road accessing the pit. The proposed action will not result in any new impacts on vegetation and, thus, will have an overall insignificant impact on moose habitat. Restoration of the pit has and will continue to occur after each extraction phase. Therefore, adverse effects on this species are not anticipated.

Mule deer Odocoileus hemionus

MIS Presence: Probable Habitat: Yes

No adverse effects

Mule deer occupy many types of habitats in mountains and lowlands, including various forests and woodlands, forest edges, shrublands, grasslands with shrubs, and residential areas. They are often associated with successional vegetation, especially near agricultural lands. In winter, mule deer tend to be on warmer slopes or other areas with minimal snow cover. Snow depth in excess of 10 inches can impede movement, and snow depths greater than 20 inches can discourage continuous occupation (NatureServe 2016). Habitat and populations exist in the project area, but vegetation and the action area is within year-round mule deer range (WGFD 2016). Any individuals that use the project area as part of their normal home range could be temporarily displaced during periods when the pit is operating. However, displacement impacts will likely be short-term and insignificant in extent, and displacement habitat is located adjacent to the pit. Increased risk of mule deer fatalities may result from traffic associated with the pit; however, this increased risk will be small given the low speeds (less than 30 mph) on the road accessing the pit. The proposed action will not result in any new impacts on vegetation and, thus, will have an overall insignificant impact on mule deer and habitat. Thus, adverse effects on this species are not anticipated.

Pronghorn Antilocarpa americana

MIS Presence: Probable Habitat: Yes

No adverse effects

This species occupies grasslands, sagebrush plains, deserts, and foothills. Their need for water varies with succulence of vegetation in the diet (NatureServe 2016). The action area is located on the margin of pronghorn year-round range, and sagebrush and grassland habitat is located within the action area (WGFD 2016). Reclamation activities outlined in the pit’s reclamation plan will result in relatively unchanged habitat conditions for pronghorn in the long term, after pit activities cease. Pit operations may result in some disturbance and avoidance of the area by pronghorn during summer months. The pit could temporarily impact individuals if they occurred in the project area during pit operations. Risk of pronghorn fatalities from traffic associated with the pit may increase when the pit is operating; however, this increased risk will be small given the low speeds (less than 30 mph) on the road accessing the pit. Abundant displacement habitat is located immediately adjacent to the pit on all sides. Conservation measures that will result in lower impacts or avoiding impacts altogether include restricting pit operations during winter months. The proposed action will not result in any new impacts on vegetation and, thus, will have an overall insignificant impact on pronghorn habitat. Therefore, adverse effects on this species are not anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

MAMMALS

American marten Martes americana

MIS Presence: Probable Habitat: Yes

No adverse effects

This species usually occurs in dense deciduous, mixed, or especially coniferous upland and lowland forest. When inactive, martens occupy holes in dead or live trees or stumps, abandoned squirrel nests, conifer crowns, rock piles, burrows, and snow cavities. They use mainly subnivean sites, often associated with coarse woody debris, in winter. Marten young are born in a den, usually located within a hollow tree and sometimes in rock (NatureServe 2016). The action area includes suitable marten habitat, including adjacent coniferous forest. Any individuals that use the action area as part of their normal home range could be temporarily displaced during periods when the pit is operating, but displacement habitat is located adjacent to the pit site. Displacement impacts will likely be short-term and insignificant in extent and duration. The proposed action will not result in any new impacts on vegetation and, thus, will have an overall insignificant impact on marten habitat. Therefore, adverse effects on this species are not anticipated.

Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

Western yellow-billed cuckoo Coccyzus americanus occidentalis

Threatened Presence: Possible Habitat: Yes

NLAA

In the western U.S., this species breeds in large blocks of riparian habitats, particularly woodlands with cottonwoods and willows. This species nests in July and August. Fledging can occur as soon as 17 days after eggs hatch (NatureServe 2016). The western yellow-billed cuckoo nests almost exclusively in low to moderate elevation riparian woodlands below 6,000 feet in elevation that cover 50 acres or more within arid to semiarid landscapes (Hughes 1999). A more detailed discussion of this species is found in the BA for this project (NPS 2016a). The status of this species is relatively unknown on the BTNF. This species has never been documented at the project area, but the action area does provide suitable habitat, with 320 acres of cottonwood galleries located along Spread Creek within 1 mile of the pit (Figure 12). The action area is not within critical habitat. Direct and indirect effects on yellow-billed cuckoos could result from noise disturbance and increased human activity during pit operations. Although about 320 acres of riparian habitat occurs along Spread Creek within 1 mile of the pit, the proposed action will not result in any removal of riparian vegetation and, thus, will not result in a loss of potential habitat for this species. The proposed action will result in increased noise from extraction activities at the pit, as well as equipment and vehicles traveling through habitat to reach the pit, from June 30 to October 31 of some years. Elevated sound levels will typically occur between 6 am and 9 pm. Plant operations will be audible during up to 70% of the day at distances greater than 1 mile. Although yellow-billed cuckoos are unlikely to occur in the action area, increased noise levels could displace or alter the movements of any nearby cuckoos. The park will conduct surveys for yellow-billed cuckoos in potential habitat around the Spread Creek Pit. If yellow-billed cuckoos are detected anywhere in the action area, the park will consult with USFWS to establish mitigations ensuring no adverse effects on the species. Impacts are highly unlikely, and therefore discountable, because this species is unlikely to occur in the action area other than as transient individuals. For these reasons, the proposed action may affect, but is not likely to adversely affect, the yellow-billed cuckoo.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

Bald eagle Haliaeetus leucocephalus

Sensitive, MIS Presence: Possible Habitat: Yes

MIIH

This species’ breeding habitat most commonly includes areas within 2.5 miles of water bodies that reflect the general availability of primary food sources including fish, waterfowl, and carrion. Bald eagles nest usually in tall trees or on pinnacles or cliffs near water. Tree species used for nesting vary regionally and may include pine, spruce, fir, cottonwood, poplar, willow, sycamore, oak, beech, and others (NatureServe 2016). The pit is located approximately 3.5 miles east of the Snake River, where bald eagle nests are known to exist and foraging habitat is located. Bald eagles occur on the BTNF and are known to nest at traditional nest sites immediately adjacent to large streams or rivers and some large lakes. Such nesting sites are not known to occur in within the action area, but bald eagles have been observed foraging in the area around Spread Creek (NPS 1996). The impacts on the bald eagle will be minimal, as primary prey species will not be affected and the pit will not operate during winter foraging months. The proposed action will not result in any new impacts on vegetation and, thus, will not result in a loss of habitat for bald eagles. Because there is a possibility for bald eagles to occur in the action area, the proposed action may slightly affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species.

Boreal owl Aegolius funereus

Sensitive Presence: Possible Habitat: Yes

MIIH

This species inhabits dense coniferous forest, mixed forest, and thickets of alder, aspen, or stunted spruce, most commonly in proximity to open grassy areas and muskeg bogs. In the Rockies, it occurs generally in mature multilayered spruce-fir forest. Boreal owls roost in dense cover by day and in cool microsites in summer, and frequently change roosting sites. They nest between April and June (NatureServe 2016). Forest types preferred by owls do occur within the project area, and potential nesting territories for boreal owls could overlap the action area. However, project activities will occur after the nesting season. The proposed action will not result in any new impacts on vegetation and, thus, will not result in a loss of habitat for boreal owls. Because there is a possibility for boreal owls to occur in the action area, the proposed action may affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species.

Common loon Gavia immer

Sensitive Presence: Not suspected Habitat: No

NI

Loon breeding habitat usually includes clear lakes containing both shallow and deep water areas. Nest sites are on small islands. Brood-rearing areas are typically located in shallow coves of fairly uniform depth, sheltered from prevailing winds and wave action, and are independent of nest site location. In winter and during migration, loons use inland lakes and rivers and marine and estuarine coastal waters (NatureServe 2016). They are known to occur within a few isolated areas on the BTNF, none of which are within the action area. Lake habitats preferred by loons are not known to occur in the project area; therefore, no impacts on this species are anticipated.

Flammulated owl Otus flammeolus

Sensitive Presence: Possible Habitat: Yes

NI

This species’ habitat includes open montane conifer forests containing mature ponderosa and Jeffery pine with some brush or saplings, in cooler semiarid climate, with a high abundance of nocturnal arthropod prey and some dense foliage for roosting. It nests in abandoned tree cavities in large-diameter pine, Douglas-fir or aspen trees (NatureServe 2016). Such forest types and flammulated owl habitats are rare and limited to the lowest elevations on the BTNF. The proposed project will occur at higher elevations within sagebrush and lodgepole pine and Douglas-fir forest types. Thus, no impacts on this species are anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

Great gray owl Strix nebulosa

Sensitive Presence: Possible Habitat: Yes

MIIH

This species inhabits dense coniferous and hardwood forest, especially pine, spruce, paper birch, and poplar. It also inhabits second growth, especially near water. It forages in wet meadows, boreal forest and spruce-tamarack bogs in far north coniferous forest, and meadows in mountains. It nests in May and fledges in June (NatureServe 2016). Great gray owls are uncommon on the BTNF, and are not likely to occur in the action area. Although, no great gray owl nesting territories are known within the action area, potential habitat for this species does exist. Habitat for this species occurs in the action area, but is considered marginal. Suitable habitat is located adjacent to the action area south of the pit. Project activities will occur during the latter part of nesting and fledging periods, and potential impacts include possible disturbance and displacement of any individual birds that might nest or hunt prey species in the immediate vicinity of the project. It is not likely that birds will be nesting or hunting at or near the pit or within the action area. Because there is a possibility for great gray owls to occur in the action area, the proposed action may affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species.

Greater sage-grouse Centrocercus urophasianus

Sensitive Presence: Known Habitat: Yes

MIIH

The greater sage-grouse is a sagebrush obligate species that depends on large contiguous areas of sagebrush to meet all of its seasonal habitat requirements. The greater sage-grouse was a candidate species to be listed as endangered or threatened under the ESA. In October 2015, the USFWS issued its Notice of 12-Month Petition Finding, that the listing of the species is not warranted at this time (80 FR 59857). The USFS and the State of Wyoming have both developed greater sage-grouse conservation plans that outline conservation measures deemed sufficient by the USFWS to avoid further declines in the species’ population numbers and conserve habitat. Sage-grouse exhibit strong site fidelity to breeding, nesting, brood-rearing, and wintering areas, even when an area no longer provides suitable habitat. Home ranges may be as large as 380 square miles, and they may migrate more than 1,600 square miles. The greater sage-grouse’s large seasonal and annual movements indicate its landscape nature and need for large tracts of intact sagebrush habitat. Greater sage-grouse use a wide variety of sagebrush mosaic habitats, including (1) tall sagebrush types such as big sagebrush (Artemisia tridentata), three-tip sagebrush (A. tripartita), and silver sagebrush (A. cana); (2) low sagebrush types, such as low sagebrush (A. arbuscula) and black sagebrush (A. nova); (3) mixes of low and tall sagebrush with abundant forbs; (4) riparian and wet meadows; (5) steppe dominated by native forbs and bunchgrasses; (6) scrub-willow (Salix spp.); and (7) sagebrush/woodland mixes with juniper (Juniperus spp.), ponderosa pine (Pinus ponderosa), or quaking aspen (Populus tremuloides) (NatureServe 2016). Greater sage-grouse use leks for breeding rituals, wherein males gather together to perform courtship displays. Leks are characterized as relatively open sites with exposed ground and areas with knolls or low hills. Leks are often surrounded by denser shrublands, where sage-grouse can easily escape from predators and find shelter for nesting. One of the determining factors in a quality lek site is its proximity to nesting habitat, characterized by sagebrush with a native grass and forb understory. During breeding, sage-grouse use the habitat surrounding a lek for foraging, loafing, and protection from weather and predators. Approximately two-thirds of females nest within 3 miles of the lek where they were bred (Sage-grouse Working Group 2003). The remainder of the birds usually nest within 15 miles of the lek. Females rear their brood at the nest site for 2 to 3 weeks, then migrate to summer use areas, which include sagebrush, riparian, and wetland areas. Sites used during the first 10 to 14 days after hatching are typically within 1.5 miles of the nest. After the first 10 days, broods may have dispersed 5 or more miles from the nest (Sage-grouse Working Group 2003). During the summer and spring months, sage-grouse eat insects and forbs. They spend their winters in expansive sagebrush areas, which is necessary for the species’ persistence. During the winter months, sage-grouse depend almost entirely on sagebrush that is exposed through the snow for food (80 FR 59857, October 2, 2015). The quality of adjacent nesting and brood-rearing habitat may be the most important factor in lek choice,

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

and males apparently form leks opportunistically within potential nesting habitat where female traffic is high. Lek sites themselves are highly variable and may include many types of clearings and disturbed sites, including landing strips, old lake beds, roads, gravel pits, cropland, and burned areas in addition to natural openings (NatureServe 2016). Within the Snake River Basin, where the action area is located, 8% of sage-grouse habitat is located on USFS land (80 FR 59857, October 2, 2015). The action area is located within priority core habitat for the greater sage-grouse. The action area and its immediate vicinity includes three leks, at least one of which that has been active each year from 2007 to 2015 (Figure 12). The number of males observed at the three leks has varied from 0 in 2012 to 24 in 2013. Overall, the number of males at the leks has increased since 2007 (NPS 2015c). The extent of nesting and brood-rearing activities in the action area is not known, but nesting likely occurs (Figure 13). Direct and indirect effects on sage-grouse could result from noise disturbance and increased human activity during pit operations. Although occupied sage-grouse habitat and leks occur in the action area, the proposed action will not result in any removal of vegetation and, thus, will not result in a loss of potential habitat for this species. The proposed action will result in increased noise from extraction activities at the pit, as well as equipment and vehicles traveling through habitat to reach the pit, from June 30 to October 31 of some years. Elevated sound levels will typically occur between 6 am and 9 pm. Plant operations will be audible during up to 70% of the day at distances greater than 1 mile. Noise from the proposed action will not reach 10 dB above ambient noise levels at the perimeter of occupied leks because pit operations will not occur during the lekking period from March 1 to May 15. However, increased noise levels could displace or alter the movements of any nearby sage-grouse outside of the lekking season. The proposed action activities will not begin until after June 30 each year. The NPS plans to conduct studies to monitor and track sage-grouse movements in the Spread Creek area beginning in April 2016. If credible data, based on field analysis conducted by the NPS, indicates that an earlier start time will not impact leks, the start time may be shifted up to 14 days earlier. With the implementation of the timing restrictions limiting pit operations to the period from June 30 to October 31, impacts on sage-grouse during the sensitive lekking period of March 1 to May 15 will be avoided. However, project-related increases in noise levels could adversely affect sage-grouse in the action area during the June 30 to October 31 pit operations period. Therefore, the proposed action may affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species. In September 2015, the USFS published the Greater Sage-Grouse Record of Decision and Forest Plan Amendment (USFS 2015) to address greater sage-grouse conservation on national forest lands in Wyoming. The plan amendment outlines desired conditions, guidelines, standards, and objectives for greater sage-grouse habitat conservation that projects on USFS land within Wyoming must meet. A summary of compliance with the Greater Sage-Grouse Wyoming Plan Amendment to the Forest Plan is attached as Appendix B.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

Harlequin duck Histrionicus histrionicus

Sensitive Presence: Not suspected Habitat: No

NI

This species nests along fast-moving rivers and mountain streams on rocky islands or banks. It requires relatively undisturbed, low-gradient, meandering mountain streams with dense shrubby riparian areas, woody debris for nesting and brood rearing, and mid-stream boulders or logjams and overhanging vegetation for cover and loafing. Sometimes the duck nests beside mountain lakes and lake outlets (NatureServe 2016). Harlequin ducks occur within a limited number of high mountain streams on the BTNF and are known to nest in remote mountain streams in Wyoming. Nesting pairs are known to occur within some isolated mountain streams in the Teton and Wilderness Areas on the BTNF, but none are known to occur within the action area. Therefore, the proposed action will have no impact on this species.

Northern goshawk Accipiter gentilis

Sensitive Presence: Possible Habitat: Yes

MIIH

In the western U.S., this species characteristically nests in coniferous forests including those dominated by ponderosa or lodgepole pine, or in mixed forests dominated by various coniferous species including fir, Douglas-fir, cedar, hemlock, spruce, and larch. Western birds also nest in deciduous forests dominated by aspen, paper birch, or willow. Nesting occurs between late-April and early May (NatureServe 2016). Goshawks are relatively common on the BTNF and nesting pairs occupy coniferous territories averaging about 7,000 acres. Nesting and foraging habitats on the BTNF are known to occur below 8,000 to 9,000 feet in elevation. The action area is located at 7,000 feet in elevation, within the elevation range for this species. The action area has adequate dense forests located south and west of the pit. Potential impacts could include disturbance and displacement of any individual birds that might nest or hunt prey species in the immediate vicinity of the project area. Because there is a possibility for northern goshawks to occur in the action area, the proposed action may affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species.

American peregrine falcon Falco peregrinus anatum

Sensitive, MIS Presence: Possible Habitat: Yes

No adverse effects

This species is found across a wide variety of open habitats, including tundra, moorlands, steppe, and seacoasts (especially where there are suitable nesting cliffs) to mountains, open forested regions, and human population centers. The falcon nests on cliff ledges and rocky crags. When not breeding, this species occurs in areas where prey concentrate, including farmlands, marshes, lakeshores, river mouths, tidal flats, dunes and beaches, broad river valleys, cities, and airports (NatureServe 2016). Peregrine nest sites are not known to occur within the action area, but foraging may occur. Because nesting and breeding is not likely to occur in the action area and the areas adjacent to the action area provide foraging habitat, no adverse effects on peregrine falcon populations or habitats are anticipated.

Trumpeter swan Cygnus buccinator

Sensitive Presence: Not suspected Habitat: No

NI

This species inhabits ponds, lakes, and marshes and breeds in areas of reeds, sedges, or similar emergent vegetation, primarily on freshwater and occasionally in brackish situations. The species winters on open ponds, lakes, and sheltered bays and estuaries. This species primarily breeds in freshwater and on edges of large inland waters, typically in emergent marsh vegetation, or on a muskrat house, beaver lodge, or island. The nest is a large mass of plant material. Swans use the same nesting sites in successive years (NatureServe 2016). Trumpeter swans prefer larger lakes and ponds and are known to occur within a few isolated areas on the BTNF, none of which are located in proximity to the pit or action area. Therefore, no impacts on this species are anticipated.

Whooping crane Grus americana

Sensitive Presence: Not suspected Habitat: No

NI

This species nests in dense sedge and bulrush vegetation in slightly alkaline shallow ponds, freshwater marshes, wet prairies, or along lake margins. The nest is a mound of marsh vegetation rising about 8 to 20 inches above the surrounding water level. Habitat during migration and winter includes marshes, shallow lakes, lagoons, salt flats, grain and stubble fields, and barrier islands. Migration habitat includes mainly sites with good horizontal visibility, a water depth of 12 inches or less, and a minimum wetland size of 0.1 acre for roosting (NatureServe 2016). This species is not known to occur on the BTNF; thus, no impacts are anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

Brewer’s sparrow Spizella breweri

MIS Presence: Possible Habitat: Yes

MIIH

This species is a sagebrush eco-type obligate and prefers extensive open sagebrush (Aretemesia spp.) habitats. It is intricately tied to sagebrush, which it eats, nests and sleeps in, and depends on almost exclusively when breeding (Cornell Lab of Ornithology 2016). Breeding season begins in May and continues through June (NatureServe 2016). The action area includes open sagebrush flats that provide suitable breeding, nesting, and foraging habitat for this species. The proposed action will not result in any new impacts on vegetation and, thus, will not result in a loss of habitat for Brewer’s sparrows. It is possible that individuals will be disturbed and avoid the pit site during pit operations. Pit operations will overlap the nesting season for this species. Sagebrush habitat is located adjacent to the pit and within the action area to the north, providing displacement habitat for Brewer’s sparrow individuals that may be disrupted from pit activities. Because there is a possibility for Brewer’s sparrows to occur in the action area, the proposed action may affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

BIRDS

Migratory birds

Protected by the MBTA Presence: Probable Habitat: Yes

No adverse effects

On January 10, 2001, President Clinton signed EO 13186 (FR, Vol. 66, No. 11, 2001), which outlines responsibilities of federal agencies to protect migratory birds under the MBTA (http://www.fws.gov/wyominges/Pages/Species/Species_MigBirds). EO 13186 requires development of a Memorandum of Understanding (MOU) between the USFS and the USFWS. In December 2008, a MOU to Promote the Conservation of Migratory Birds was signed. Pursuant to EO 13186 and the MOU, the USFS shall ensure that environmental analyses of federal actions required by the National Environmental Policy Act (NEPA) evaluate the effects of actions and agency plans on migratory birds, with emphasis on:

• species of management concern along with their priority habitats; and • species of conservation concern.

On the BTNF, species of management concern include the bald eagle, peregrine falcon, yellow-billed cuckoo, flammulated owl, and Brewer’s sparrow. The effects of the proposed project on these species were addressed above in this table. The effects on the yellow-billed cuckoo are addressed in depth in the BA for this project (NPS 2016a). Birds of Conservation Concern (BCC) are identified in the MOU and defined as those USFWS-listed migratory and nonmigratory birds of the United States and its territories that are of conservation concern. The list is published and maintained by the USFWS, Division of Migratory Bird Management (USFWS 2008). The BTNF is located within the Northern Rockies Bird Conservation Region (BCR 10). BCC on the BTNF listed for BCR 10 include (in addition to the species of management concern addressed above) an additional 17 species, 9 of which could occur within the action area, including: ferruginous hawk, Calliope hummingbird, Lewis's woodpecker. Williamson's sapsucker, olive-sided flycatcher, willow flycatcher, sage thrasher, sagebrush sparrow, and Cassin's finch. The breeding and nesting seasons for migratory birds in Wyoming generally begins April 15 and ends July 31. Pit operations may take place between June 30 and September 30. The start date for pit operations may be moved to June 16 (see Greater Sage-Grouse discussion above). Therefore, pit operations will overlap at least part of the BCC breeding and nesting seasons. It is possible that individuals from these species may avoid the pit area during pit operations and may be temporarily displaced from the immediate vicinity of the pit due to noise and human presence. Displacement habitat suitable for breeding, nesting, and foraging is located adjacent to the pit within the action area and immediately outside of the action area. The proposed action will not result in any new impacts on vegetation and, thus, will not result in a loss of habitat for BCCs. It is recommended that the action area be surveyed for BCC nests 2 weeks before pit operations are planned to start to ensure that no nests are present in the pit area. By following these conservation measures, no adverse effects on migratory birds are anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

FISH

Bonneville cutthroat trout Oncorhynchus clarki utah

Sensitive Presence: Not suspected Habitat: No

NI

This species occurs in the Bonneville Basin and ranges from high-elevation streams with coniferous and deciduous riparian trees to low-elevation streams in sage-steppe grasslands containing herbaceous riparian zones to lakes. Optimum habitat includes areas with a 1:1 pool to riffle ratio and slow deep water with vegetated streambanks for shade, bank stability, and cover. This species prefers summer water temperatures of about 55°F, but can survive in water up to 70°F. Beaver ponds likely are important as both summer and winter holding habitat for adults (NatureServe 2016). The action area is not within this species’ range, and no habitat is located in the action area or vicinity. Therefore, no impacts on this species are anticipated.

Colorado River cutthroat trout Oncorhynchus clarki pleuriticus

Sensitive Presence: Not suspected Habitat: No

NI

Cutthroat trout require cool clear water and well-vegetated streambanks for cover and bank stability. Instream cover in the form of deep pools and boulders and logs also is important. This species is adapted to relatively cold water and thrives at high elevations (NatureServe 2016). No habitat for this species is present within the action area; therefore, no impacts on this species are anticipated.

Kendall Warm Springs dace Rhinichthys osculus

Endangered Presence: Not suspected Habitat: No

NI

This species occupies about 1,000 feet of Kendall Spring in Sublette County, Wyoming. It requires a constant water temperature of 79 to 84°F and water that is slightly alkaline, mineralized, and high in dissolved solids (NatureServe 2016). No habitat for this species is present in the action area. The action area is not within this species’ range, and no habitat is located in the action area or vicinity. Therefore, no impacts on this species are anticipated.

Northern leatherside chub Lepidomeda copei

Sensitive Presence: Not suspected Habitat: No

NI

This species’ habitat includes sluggish pools and backwaters (usually over mud or sand) or creeks and small to medium rivers. Adults occur in rocky flowing pools, sometimes riffles, of cold creeks and small to medium rivers from 24 to 35 inches deep and with sparsely vegetated shores and substrate with a low percentage of sand-silt or gravel. Young occupy brushy areas or in quiet pockets near shore. This species is not usually found in rivers where brown trout are present (NatureServe 2016). No habitat for this species is present within the action area; therefore, no impacts on this species are anticipated.

Westslope cutthroat trout Oncorhynchus clarki lewisi

Sensitive Presence: Not suspected Habitat: No

NI

This species inhabits small mountain streams, rivers, and large natural lakes. It requires cool, clean, and well-oxygenated water. In rivers, adults prefer large pools and slow-velocity areas. It often occurs near lake shores. Juveniles of migratory populations may spend 1 to 4 years in their natal streams, then move (usually in spring or early summer and/or in fall in some systems) to a main river or lake where they remain until they spawn. Many fry disperse downstream after emergence. Juveniles tend to overwinter in interstitial spaces in the substrate. Larger individuals congregate in pools in winter (NatureServe 2016). No habitat for this species is present in the action area; therefore, no impacts on this species are anticipated.

Yellowstone cutthroat trout Oncorhynchus clarki bouvieri

Sensitive Presence: Not suspected Habitat: No

NI

This species’ habitat includes rivers, creeks, beaver ponds, and large lakes. The optimum water temperature generally may be 40 to 60°F, but tolerance of much warmer temperatures probably occurred historically in larger rivers (now mostly extirpated), and warmwater populations occur currently in some geothermally heated streams, though the fishes there may rely on thermal refugia (NatureServe 2016). No habitat for this species is present in the action area; therefore, no impacts on this species are anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

AMPHIBIANS

Boreal toad Bufo boreas

Sensitive, MIS Presence: Possible Habitat: Yes

MIIH

Boreal toads occur in a wide variety of habitats ranging from desert springs to mountain wetlands. Their range includes various upland habitats around ponds, lakes, reservoirs, and slow-moving rivers and streams. They sometimes move up to 4 miles through uplands. For shelter, toads dig their own burrow in loose soil or use those of small mammals or seclude themselves under logs or rocks. Egg-laying sites include shallow areas of ponds, lakes, or reservoirs, or pools of slow-moving streams (NatureServe 2016). The action area does not occur within toad breeding habitat; however, because adult boreal toads can migrate as far as 4 miles from breeding sites, the pit could occur within foraging habitats for this species. The Snake River and associated wetlands are located within 4 miles to the west of the pit. Foraging boreal toads could potentially be crushed by vehicles or equipment if they ventured into the pit area or when crossing roads. The proposed action will not result in any new impacts on vegetation and, thus, will not result in a loss of habitat. Because there is a possibility for boreal toads to occur in the action area, the proposed action may affect individuals, but will not likely lead to a trend toward federal listing or a loss of viability for the species.

Columbia spotted frog Rana luteiventris

Sensitive Presence: Not suspected Habitat: No

NI

This species is highly aquatic and is rarely found far from permanent quiet water. It usually occurs at the grassy/sedgy margins of streams, lakes, ponds, springs, and marshes. It may disperse into forest, grassland, and brushland during wet weather and traverse uplands to reach wintering sites. It uses streamside small mammal burrows as shelter (NatureServe 2016). The action area does not occur within known spotted frog breeding or foraging habitats. Thus, the project will have no impact on spotted frogs or their habitat.

Boreal chorus frog Pseudacris maculata

MIS Presence: Not suspected Habitat: No

No adverse effects

This species is found mostly in the vicinity of quiet water bodies and associated wetlands and meadows. Sometimes these frogs cross up to a few hundred meters of upland habitat between wetlands and may overwinter in upland sites adjacent to wetlands. Periods of inactivity may be spent in water, among thick wetland vegetation, under objects on the ground, or in rodent burrows. Chorus frogs breed in marshes, rain pools, pools formed by melting snow, bog ponds, glacial kettle ponds, beaver ponds, marshy edges of lakes and reservoirs, flooded areas, and other water bodies with little or no current. They use both permanent and temporary waters and lay eggs attached to vegetation in shallow ponds that dry up before the tadpoles metamorphose (NatureServe 2016). The action area does not occur within known chorus frog breeding or foraging habitats. Pit operations will not affect boreal chorus frog foraging habitat, and disturbance impacts will not occur. Thus, no adverse effects on this species are anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

PLANTS

Whitebark pine Pinus albicaulis

Candidate Presence: Not suspected Habitat: No

NE

This species is a hardy conifer that tolerates poor soils, steep slopes, and windy exposures and is found at alpine tree line and subalpine elevations between 4,200 and 12,140 feet throughout its range. It grows under a wide range of precipitation amounts, from 20 to 100 inches per year. Typically, it occurs on cold and windy high-elevation or high-latitude sites in western North America. The Rocky Mountain distribution ranges from northern British Columbia and Alberta to Idaho, Montana, Wyoming, and Nevada, with extensive stands occurring in the Yellowstone ecosystem (NatureServe 2016). Whitebark pine are not present in the action area; therefore, no effect on this species is anticipated.

Black and purple sedge Carex luzulina var. atropurpurea

Sensitive Presence: Not suspected Habitat: No

NI This species is found in subalpine wet meadows and stream sides at 10,000 to 10,600 feet in elevation (Mills and Fertig 2000). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Creeping twinpod Physaria integrifolia var. monticola

Sensitive Presence: Not suspected Habitat: No

NI This species is found on barren, rocky, calcareous hills and slopes at 6,500 to 8,600 feet in elevation (Fertig et al. 1994). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Greenland primrose Primula egaliksensis

Sensitive Presence: Not suspected Habitat: No

NI This species is found in wet meadows along streams and calcareous montane bogs from 6,600 to 8,000 feet in elevation (Fertig et al. 1994). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Meadow milkvetch Astragalus diversifolius var. diversifolius

Sensitive Presence: Not suspected Habitat: No

NI This species occurs in moist alkaline soil within meadows, shores, and flats around playa lakes, swales and drainages, and on subirrigated silt loams at 6,500 to 6,620 feet in elevation (Heidel 2009). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Naked-stemmed parrya Parrya nudicaulis

Sensitive Presence: Not suspected Habitat: No

NI This species is found on alpine talus, often on limestone substrates at 10,700 to 11,400 feet in elevation (Fertig 2000a). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Narrow-leaf goldenweed Ericameria discoidea var. linearis (Haplopappus macronema var. linearis)

Sensitive Presence: Not suspected Habitat: No

NI This species is typically found in semibarren whitish clay flats and slopes, gravel bars, and sandy lakeshores at elevations from 7,700 to 10,300 feet (Fertig 2000b). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

PLANTS

Payson bladderpod Lesquerella paysonii

Sensitive Presence: Not suspected Habitat: No

NI

This species is endemic to the carbonate mountain ranges of west-central Wyoming, eastern Idaho, and southwestern Montana. It is found on rocky sparsely vegetated slopes, often calcareous substrates, at elevations from 5,500 to 10,600 feet (Heidel 2008a). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Payson's milkvetch Astragalus paysonii

Sensitive Presence: Not suspected Habitat: No

NI This species occurs primarily in disturbed areas on sandy soils that have a low cover of forbs and grasses at elevations from 5,850 to 9,600 feet (Heidel 2008b). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Pink agoseris Agoseris lackschewitzii

Sensitive Presence: Not suspected Habitat: No

NI This species is found in mid-montane to subalpine wet meadow and saturated soils at elevations from 8,500 to 10,600 feet (Fertig et al. 1994). The elevation of the action area is lower than the elevation range where this species is found. No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Rockcress draba Draba globosa (D. densifolia var. apiculata)

Sensitive Presence: Not suspected Habitat: No

NI This species is found in moist gravelly alpine meadows and talus slopes, often on limestone-derived soils, at elevations from 8,100 to 12,400 feet (Handley 2008). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Seaside sedge Carex incurviformis

Sensitive Presence: Not suspected Habitat: No

NI This species occurs primarily in alpine and subalpine moist tundra and wet rock ledges at elevations from 10,000 to 12,200 feet (Fertig 2000c). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Soft aster Symphyotrichum molle (Aster mollis)

Sensitive Presence: Not suspected Habitat: No

NI In Wyoming, this species has been found in the Big Horn Mountains and Hoback Canyon. It prefers sagebrush grasslands and mountain meadows in calcareous soils at elevations from 6,400 to 8,500 feet (Fertig et al. 1994). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Starveling milkvetch Astragalus jejunus var. jejunus

Sensitive Presence: Not suspected Habitat: No

NI

This species’ habitat includes sagebrush and sagebrush-juniper communities, often on barren windswept ridgetops, at elevations from 6,000 to 7,000 feet. Soils include shales and clays in the Wasatch formation. This species is found in Lincoln and Sublette Counties, Wyoming (Rocky Mountain Herbarium Specimen Database 2015). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

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Species Common and Scientific Name

Status1/ Presence Determination2

Species/Habitat Assessment Summary

(for species known or suspected to occur in the BTNF)

PLANTS

Sweet-flowered rock jasmine Androsace chamaejasme ssp. carinata

Sensitive Presence: Not suspected Habitat: No

NI

This species is known in the east slope of the Wind River Range, eastern Absaroka Mountains, and Owl Creek Mountains. Its preferred habitat is on exposed settings of rocky ridge crests, slopes with rock outcrops, and thin soils of limestone or dolomite substrate at elevations from 8,500 to 10,800 feet (Fertig 2001a). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Weber's saussurea Saussurea weberi

Sensitive Presence: Not suspected Habitat: No

NI This species is restricted to the Gros Ventre and northern Wind River ranges. Its preferred habitat is on alpine talus slopes and gravel fields at elevations from 9,600 to 11,500 feet (Fertig 2000d). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Woolly daisy Erigeron lanatus

Sensitive Presence: Not suspected Habitat: No

NI This species is found on alpine or subalpine limestone talus slopes at an elevation of about 11,000 feet (Fertig 2001b). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

Wyoming tansymustard Descurainia torulosa

Sensitive Presence: Not suspected Habitat: No

NI

This species is restricted to the southern Absaroka Range and the Rock Springs Uplift. Its preferred habitat is sandy soil at the base of cliffs consisting of volcanic breccia or sandstone, under slight overhangs, in cavities in volcanic rock, or on ledges. It is found at elevations from 7,700 to 10,500 feet (Fertig 2000e). No suitable habitat for this species is in the action area; therefore, no impact on this species is anticipated.

1Status Codes: Endangered=federally listed endangered; Threatened=federally listed threatened; Candidate=federal candidate for listing; Proposed=federally proposed for listing; Critical Habitat=designated critical habitat; EXP=experimental population, non-essential; Sensitive=Forest Service Region 4 Sensitive; and MIS=Management Indicator Species. 2 Determination Codes for federally listed threatened, endangered, proposed, or candidate species: NE=No effect; NLAA=may affect, not likely to adversely affect; NJ=will not jeopardize the continued existence of the DPS. Determination Codes for Forest Service sensitive species: NI= no impact; MIIH= may impact individuals or their habitat, but will not likely contribute to a trend toward federal listing or loss of population viability.

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Figure 8. Lynx habitat and detections in the action area.

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Figure 9. Wolf habitat in the action area.

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Figure 10. Grizzly bear habitat in the action area.

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Figure 11. Wolverine habitat in the action area.

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Figure 12. Yellow-billed cuckoo habitat near the Spread Creek Pit.

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Figure 13. Greater sage-grouse core habitat and leks near the Spread Creek Pit.

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CUMULATIVE EFFECTS

Cumulative effects are those effects of future state or private activities, not including federal activities, which are reasonably certain to occur within the project area. There are no known nonfederal activities in the area; the action area is surrounded by federal lands. At this time, no future state or private activities are known or anticipated for the project area beyond the current recreational uses along the national forest.

LIST OF CONTACTS/PREPARERS

Steve Butler, ERO Resources Corporation, Natural Resource Specialist Emily Thorn, ERO Resources Corporation, Natural Resource Specialist Karen Baud, ERO Resources Corporation, Wildlife Biologist Jason Wilmot, Bridger-Teton National Forest, Wildlife Biologist John Stephenson, Grand Teton National Park, Wildlife Biologist Steve Culver, NPS Denver Service Center Jan Burton, NPS Denver Service Center

LITERATURE CITED

Copeland, J.P., K.S. McKelvey, K.B. Aubry, A. Landa, J. Persson, R.M. Inman, J. Krebs, E. Lofroth, H. Golden, J.R. Squires, A. Magoun, M.K. Schwartz, J. Wilmot, C.L. Copeland, R.E. Yates, I. Kojola, and R. May. 2010. The bioclimatic envelope of the wolverine (Gulo gulo):do climatic constraints limit its geographic distribution? Canadian Journal of Zoology 88:233–246.

Cornell Lab of Ornithology. 2016. All About Birds Website. Available at: https://www.allaboutbirds.org/#/_ga=1.264428940.2075012719.1430162407

Federal Highway Administration (FHWA). 2003. Finding of No Significant Impact for Proposed North Park Road Reconstruction, WY PRA-GRTE 13 (1 & 4); Spread Creek Material Source; and Reclamation of Snake River Pit. Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway Teton County, WY. March 14.

Fertig, W. 2000a. State Species Abstract Parrya nudicaulis Naked-stemmed parrya, Family Brassicaceae. Wyoming Natural Diversity Database, Laramie, WY.

Fertig, W. 2000b. State Species Abstract Ericameria discoidea var. linearis narrowleaf goldenweed, Family Asteraceae. Wyoming Natural Diversity Database, Laramie, WY.

Fertig, W. 2000c. State Species Abstract Carex incurviformis var. danaensis Seaside sedge, Family Cyperaceae. Wyoming Natural Diversity Database, Laramie, WY.

Fertig, W. 2000d. State Species Abstract Saussurea weberi Weber’s saussurea, Family Asteraceae. Wyoming Natural Diversity Database, Laramie, WY.

Fertig, W. 2000e. State Species Abstract Descurainia torulosa Wyoming tansymustard, Family Brassicaceae. Wyoming Natural Diversity Database, Laramie, WY.

Fertig, W. 2001a. State Species Abstract Androsace chamaejasme ssp. carinata Sweet-flowered rock jasmine, Family Primulaceae. Wyoming Natural Diversity Database, Laramie, WY.

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Fertig, W. 2001b. State Species Abstract Erigeron lanatus Woolly daisy, Family Asteraceae. Wyoming Natural Diversity Database, Laramie, WY.

Fertig, W., C. Refsdal, and J. Whipple. 1994. Wyoming Rare Plant Field Guide. Wyoming Rare Plant Technical Committee, Jamestown, ND: Northern Prairie Wildlife Research Center Online. Available at: http://www.npwrc.usgs.gov/resource/plants/wyplant/index.htm (Version 16JUL97).

Handley, J. 2008. State Species Abstract Draba globosa Rockcress draba, Family Brassicaceae. Wyoming Natural Diversity Database, Laramie, WY.

Haroldson, M.A. 2012. “Occupancy of Bear Management Units by Females with Young.” Pages 19-22 in Yellowstone Grizzly Bear Investigations: Annual Report of the Interagency Grizzly Bear Study Team, 2012. Eds. F.T. Van Manen, M.A. Haroldson, and K. West. U.S. Geological Survey. Bozeman, MT.

Heidel, B. 2008a. State Species Abstract Lesquerella paysonii Payson’s bladderpod, Family Brassicaceae. Wyoming Natural Diversity Database, Laramie, WY.

Heidel, B. 2008b. State Species Abstract Astragalus paysonii Payson’s milkvetch, Family Fabaceae. Wyoming Natural Diversity Database, Laramie, WY.

Heidel, B. 2009. Status of Astragalus diversafoius (meadow milkvetch) in South-Central Wyoming. Prepared for the Bureau of Land Management (BLM) Rawlins Field Office. Available at: http://www.uwyo.edu/wyndd/_files/docs/reports/wynddreports/u09hei03wyus.pdf. Last accessed: November 11, 2015.

Hughes, J.M. 1999. “Yellow-billed Cuckoo (Coccyzus americanus).” In The Birds of North America Online. Edited by A. Poole. Ithaca, NY: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online. Available at: http://bna.birds.cornell.edu/bna/species/418.

Interagency Lynx Biology Team. 2013. Canada Lynx Conservation Assessment and Strategy. 3rd edition. USDA Forest Service, USDI Fish and Wildlife Service, USDI Bureau of Land Management, and USDI National Park Service. Forest Service Publication R1-13-19. Available at: http://www.fs.fed.us/biology/resources/pubs/wildlife/LCASrevisedAugust2013.pdf.

MacDonald, J. 2014. Noise Impact Study of Spread Creek Gravel and Asphalt Operations, Grand Teton National Park.

Mattson, D.J. and R.R. Knight. 1992a. Spring Bear Use of Ungulates in the Firehole River Drainage of Yellowstone National Park. In Wolves for Yellowstone? A Report to the United States Congress, Volume N Research and Analysis, edited by J.D. Varley and W.G. Brewster. National Park Service, Yellowstone National Park.

Mattson, D.J., B.M. Blanchard, and R.R. Knight. 1992b. Yellowstone Grizzly Bear Mortality, Human Habituation,

Mills, S. and W. Fertig. 2000. State Species Abstract Carex luzulina var. atropurpurea Black and purple sedge, Family Cyperaceae. Wyoming Natural Diversity Database, Laramie, WY.

National Park Service (NPS). 1996. Biological Assessment for project to rehabilitate U.S. Highway 26/89/191/287 and develop Spread Creek material source and staging area.

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National Park Service (NPS). 1997. Finding of No Significant Impact. Rehabilitate U.S. Highway 26/89/191/287 and Develop Spread Creek Material Source and Staging Area. Grand Teton National Park. April 14.

National Park Service (NPS). 2014. Spread Creek audibility analysis, unpublished data, Grand Teton National Park.

National Park Service (NPS). 2015a. Grand Teton National Park and John D. Rockefeller, Jr. Memorial Parkway Superintendent’s Compendium. Available at: http://www.nps.gov/grte/learn/ management/upload/2015-Superintendent-s-Compendium.pdf.

National Park Service (NPS). 2015b. Biological Assessment for Moose-Wilson Corridor Draft Comprehensive Management Plan / EIS, Grand Teton National Park. December 11.

National Park Service (NPS). 2015c. Data on greater sage-grouse leks and males present at the Spread Creek site. Unpublished data. Grand Teton National Park.

National Park Service (NPS). 2016b. Draft Spread Creek Pit Bridger Teton National Forest and Grand Teton National Park Biological Assessment. March.

NatureServe. 2016. Online Encyclopedia of Life Database. Available at: http://explorer.natureserve.org/index.htm. Last accessed: March 10, 2016.

Rocky Mountain Herbarium Specimen Database. 2015. Species account for Astragalus jejunus var. jejunus. Available at: http://rmh.uwyo.edu/data/results.php?Polygon=&Zoom=&Herbarium=&Project=&Accession=&Barcode=&Family=&Genus=Astragalus&Species=jejunus&Subtaxon=jejunus&Collector=&CollNum=&Day=&Month=&Year=&Country=&State=&County=&Locality=&MinElev=&MaxElev=&Sort1=SASName1&Limit=100&Submit=Search+Specimens. Last accessed: November 12, 2015.

Sage-grouse Working Group. 2003. Wyoming Greater Sage-Grouse Conservation Plan. June.

U.S. Fish and Wildlife Service (USFWS). 2008. Birds of Conservation Concern. Available at: http://www.fws.gov/migratorybirds/pdf/management/BCC2008.pdf.

U.S. Fish and Wildlife Service (USFWS). 2013. Endangered and Threatened Wildlife and Plants; Threatened Status for the Distinct Population Segment of the North American Wolverine Occurring in the Contiguous United States; Establishment of a Nonessential Experimental Population of the North American Wolverine in Colorado, Wyoming, and New Mexico; Proposed Rule. Federal Register 78(23):7864-7890.

U.S. Fish and Wildlife Service (USFWS). 2014a. Revised Designation of Critical Habitat for the Contiguous United States Distinct Population Segment of the Canada Lynx and Revised Distinct Population Segment Boundary; Final Rule. Federal Register 79(119):35303-35309.

U.S. Fish and Wildlife Service (USFWS). 2014b. Endangered and Threatened Wildlife and Plants; Threatened Status for the Distinct Population Segment of the North American Wolverine Occurring in the Contiguous United States; Establishment of a Nonessential Experimental Population of the North American Wolverine in Colorado, Wyoming, and New Mexico; Proposed Rule. Federal Register 79(156):47522-47545.

U.S. Fish and Wildlife Service (USFWS). 2015. Species Description for the Wolverine. Available at: http://www.fws.gov/mountain-prairie/species/mammals/wolverine/. Last accessed: March 8, 2016.

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U.S. Forest Service (USFS). 1997. Decision Notice and Finding of No Significant Impact. USDA Forest Service. Bridger-Teton National Forest. Buffalo Ranger District. Teton County, WY. April 21.

U.S. Forest Service (USFS). 2007. Northern Rockies Lynx Management Direction: Record of Decision.

U.S. Forest Service (USFS). 2015. Greater Sage-grouse Record of Decision for Northwest Colorado and Wyoming and Land Management Plan Amendments for the Routt National Forest, Thunder Basin National Grassland, Bridger-Teton National Forest, and Medicine Bow National Forest. Prepared by: USDA Forest Service. September.

Wyoming Game and Fish Department (WGFD). 2010. Bighorn Sheep- Orvis canadensis Species Account. Available at: https://wgfd.wyo.gov/WGFD/media/content/PDF/Habitat/SWAP/Mammals/Bighorn-Sheep.pdf.

Wyoming Game and Fish Department (WGFD). 2014. Job Completion report for the Jackson Region.

Wyoming Game and Fish Department (WGFD). 2016. Wyoming Game and Fish online data. Available at: http://wyowildlife.wgfd.opendata.arcgis.com/.

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Spread Creek Pit – Biological Evaluation

Appendix A

Grizzly Bear Protection Measures

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·~ Exhibit 2

Bridger - Teton National Forest

Grizzly Bear Protection Plan

The National Forests surrounding Yellowstone National Park are grizzly country. It is mandatory that all permit holders learn about the bears and learn how to avoid a confrontation with one. This plan is made part of your permit by reference (see Terms and Conditions).

The following rules are designed to minimize grizzly/human encounters and ~re part of a special order issued by the Forest Service on August 13, 1990, under authority of 36CFR261 .50. Compliance with these rules is necessary to ensure your safety and the long-term survival of the grizzly bear and will be strictly enforced:

1) All food and beverages including canned food, pop, beer; garbage; oil and grease; processed livestock or pet food; and scented or flavored products (soaps and toiletries) must be stored unavailable to bears at night. and when unattended during the day. Possible bear attractants include: barbeques, hummingbird feeders, bird feeders, fish entrails, fish bait, garbage cans, and dog and cat food bowls. "Attended" means that you are within sight and so-und of the items at all times.

2) The items listed in "1 '~ (above), must be stored inside a bear resistant storage container or a hard-sided vehicle. Food should be stored out of sight in vehicles. Coolers, pop-up campers, and tents are NOT considered bear resistant Garbage and recycling items must be stored inside a bear resistant container or vehicles until disposed of outside the forest or park.

3) Food and odors attract bears. Do not endanger yourself and others by rewarding a bear with food.

4) All sightings of or encounters with grizzly bears must be reported to the Bridger - Teton National Forest as soon as possible. Report grizzly tracks within 24 hours, and sightings, to Steve Haydon, Forest Supervisor's Office, at 307-739-5535.

5) The permit holder is responsible for all operations related to the pit, and is responsible for informing all workers and guests of the requirements of this plan.

6) If you do see a bear, leave the area immediately. Do not stop to watch the bear, take pictures, or otherwise harass the bear.

7) No roaming pets are pennitted at the site.

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Exhibit :f/P 3

GRIZZLY BEAR MANAGEMENT AND PROTECTION PLAN

Spread Creek Gravel Source Bridger-Teton National Forests

GRIZZLY BEARS HA VE A FANTASTIC SENSE OF SMELL AND CAN BE A ITRACTED TO FOOD ODORS OR OTHER SMELLY SUBSTANCES FROM A LONG DISTANCE. ONCE NEARBY, THEY CAN ALSO BE AITRACTED TO SUCH THINGS AS TOOTHPASTE, CANNED FOOD OR PACKAGED SNACKS. THEY REALLY LIKE SWEETS.

ONCE BE'ARS HA VE FOUND AN EASY FOOD SOURCE, SUCH AS GARBAGE OR UNA ITENDED COOLERS (BEAR "FAST FOOD"), THEY REMEMBER IT AND WILL CONTINUE TO SEEK OUT SIMILAR SOURCES, OR REVISIT PLACES WHERE THEY FOUND IT. WHEN HUMANS ARE NEAR THESE SOURCES OR PRIOR SOURCES, THERE IS ALWAYS A POTENTIAL FOR A GRIZZLY - HUMAN CONFLICT SITUATION.

THE EARLY SPRING AND FALL ARE TIMES OF THE YEAR WHEN GRIZZLY BEAR ACTIVITIES ARE MOST FREQUENT WITHIN THE PROJECT AREA. IN SPRING, THE BEARS CONCENTRATE ON REBUILDING THE BODY FAT THAT WAS LOST DURING WINTER HIBERNATION. IN EARLY FALL, THEY CONCENTRATE ON INCREASING THEIR BODY FAT IN PREPARATION FOR WINTER HIBERNATION. THE VALLEY BOITOMS AND OPEN MEADOWS WITHIN THE PROJECT AREA PROVIDE THEM WITH THE NATURAL FOOD SOURCES THEY NEED. GRIZZLIES WILL AGGRESSIVELY PROTECT THEIR FOOD SOURCES. THROUGHOUT THE YEAR, FEMALE BEARS WITH CUBS WILL EVEN MORE AGGRESSIVELY PROTECT THEIR YOUNG.

FOR THE PROTECTION OF PROJECT PERSONNEL AND THE BEARS THEMSELVES, AND TO MINIMIZE POSSIBLE CONFLICTS WITH GRIZZLY BEARS, THE FOLLOWING GRIZZLY BEAR MANAGEMENT AND PROTECTION PLAN HAS BEEN DEVELOPED FOR THIS PROJECT.

1) All personnel working on the project shall become familiar with and comply with the USPS Grizzly Bear Special Order at all times. All materials which could be classified as Grizzly Bear attractants will be subject to the attached Special Order. Copies of the Special Order shall be posted in all construction camps, staging areas, and other locations where construction personnel may gather.

2) All foods, beverages, petfood and any processed or unprocessed (hay, grain, Oats, etc.) livestock feed shall be kept unavailable to bears when left unattended and at night. Storage of all foods will follow the defined "Acceptable Storage Means" in the Special Order. Acceptable storage includes the front or back seat or trunk of locked vehicles or metal trailers.

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3) Lunches, snacks and beverages shall be contained in closed vehicles or bear-resistant containers at all times, except when they are being eaten.

4) Garbage is a prime attractant and proper handling and storage is essential in avoiding bear/human conflict. Any garbage containing food materials shall be treated like food and stored unavailable to bears. Garbage shall be made unavailable by securing in a fully enclosed bear-resistant container. It shall be removed from the site frequently, if not daily, and not allowed to accumulate. Garbage includes: empty beverage cans; empty or used food containers from foods, pet foods, etc.; and liquid or semi-liquid food waste (cooking grease, dishwater, etc.).

5) Petroleum products and anitfreeze are considered bear attractants. Containers of both products must not be left open and unattended. Spills must be immediately cleaned up. When not being used, or for overnight, petroleum products and antifreeze must be stored in acceptable bear-resistant storage.

6) All project personnel shall be made aware of the protected status of the grizzly bear and how to prevent grizzly/human conflict. Project personnel, including new employees, supervisors and incidental visitors to the work sites will receive special grizzly bear instructions prior to beginning work.

7) In times of exceptional grizzly bear activity, as determined by the Forest Service, the Project Engineer shall contact the Forest Service liaison on a daily basis to determine specific areas of grizzly bear activity. The following actions may be put into effect, depending on the bear activity situation. Special actions and restrictions will be in effect until grizzly activity in the affected areas has declined.

A) Restrict or curtail human/construction activity in specified areas. B) Restrict human/construction activities to daylight hours only. C) Prohibit outside cooking in staging areas. D) Establish a special incident team to coordinate human/bear conflict situations. The team may

include project, USFS, Federal Highways, Game & Fish or Fish and Wildlife Service personnel.

8) When project personnel encounter grizzly bears, bear activity or dead animal carcasses within or near the project sites, work in the immediate vicinity shall cease and the Project Engineer shall be immediately notified. The Project Engineer shall report the activity to the Game and Fish and Forest Service liaison as soon as possible. No attempt should be made by untrained personnel to approach bears or to move or disturb carcasses. Personnel should keep at least 100 meters away from bears, bear activity and carcasses.

9) Staging areas shall be provided with bear-resistant dumpsters or other approved bear-resistant storage for attractants and garbage. The use of lime or other odor/decomposition-reducing chemicals in dumpsters immediately after they are dumped should be considered. Bag all garbage before putting in the dumpster and double-bag liquids or semi-liquid materials (grease, oils, etc.)

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10) Areas of the project where activity has occurred during the day shall be patrolled as the day's operation is shutting down to make sure everything is secured: dumpster lids are fastened, coolers are not outside, beverages not in the creek, garbage picked-up, petroleum products properly stored, etc.

11) Forest Service officials will make regular visits to the project area to monitor compliance with bear­related requirements. They will also be available for training of project personnel and to discuss bear issues and answer questions. If violations of the Special Order are found, a citation may be issued (ref. Special Order).· Items pertaining to overall project coordination and compliance will be immediately brought to the attention of the Project Engineer.

12) Project personnel are prohibited from carrying firearms on their person or in their vehicles while working in the project area. If personnel feel that it is necessary to carry personal protection, the purchase of approved bear repellent pepper spray is recommended. The product is commercially available as a bear deterrent.

13) Project personnel are prohibited from bringing pet dogs into the project area while working. Dogs aggravate bears and could cause a human-bear confrontation.

14) Flag persons are in a unique position to be able to provide information to travelers about the grizzly bear. They are also the most vulnerable to direct contact with grizzly bears. Flaggers shall be specially instructed and trained in grizzly bear information and human-bear conflict avoidance so they can provide the travelling public with information if asked.

DURATION OF Tms PLAN

This plan will apply to any and all subcontractors and their employees. The contractor will be responsible to see that all subcontractors and their employees are made aware of the contents.

This plan will be in force for the duration of the above-referenced special use permit for the Spread Creek Materials Source.

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Order Number 04-00-104

United States Department of Agriculture Forest Service

Rocky Mountain Region—Shoshone National Forest Intermountain Region—Bridger-Teton National Forest

OCCUPANCY AND USE RESTRICTIONS

For the purpose of minimizing adverse interactions between bears and humans and pursuant to Title 36 Code of Federal Regulations (CFR), 261.50 (a) and (b), the following uses are restricted in those areas of the Shoshone National Forest and the Bridger-Teton National Forest as shown on the attached map (Exhibit B) and hereby made part of this Order. Also attached, and hereby made part of this Order, are Definitions (Exhibit A) of terms used in support of the restrictions. This Order is effective March 1 through December 1, annually, until rescinded.

1. Possessing or storing any food or refuse, as specified in the Order (36 CFR 261.58 (cc). 2. Possessing, storing, or transporting any bird, fish, or other animal, or parts thereof, as

specified in the Order (36 CFR 261.58 (s). 3. Camping as specified in the Order (36 CFR 261.58 (e).

UNDER THIS ORDER IT IS REQUIRED THAT

1. All food and refuse must be acceptably stored or acceptably possessed during daytime

hours. 2. All food and refuse must be acceptably stored during nighttime hours, unless it is being

prepared for eating, being eaten, being transported, or being prepared for acceptable storage.

3. Any harvested animal carcass must be acceptably stored, unless the carcass is being field dressed, transported, being prepared for eating, or being prepared for acceptable storage.

4. Camping or sleeping areas must be established at least ½ mile from a known animal carcass or at least 100 yards from an acceptably stored animal carcass.

EXEMPTIONS

Pursuant to 36 CFR 261.50 (e) the following persons are exempt from this Order: 1. Persons with a permit issued by the Forest Supervisor specifically exempting them from

the effect of this Order. 2. Persons in the act of placing black bear baits for the lawful purpose of hunting black

bears under state law and regulation. 3. Any Federal or State officer placing baits to capture animals for research or management

purposes as part of their official duties.

Page 1 of 5

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Order Number 04-00-104

These restrictions are in addition to the general prohibitions in 36 CFR Part 261, Subpart A. This Order supersedes any previous Order prohibiting or restricting the same, or similar, acts in the above-described areas. Done this day 12 of December, 2004.

/s/ Rick Cables /s/ Jack Troyer

RICK CABLES Regional Forester Rocky Mountain Region

JACK TROYER Regional Forester Intermountain Region

Any violation of these prohibitions is punishable by a fine of not more than $5,000.00 for an individual or $10,000.00 for an organization, and/or imprisonment for not more than six (6) months, or both (Title 16 USC 551, Title 18 USC 3571 (b)(6), Title 18 USC 3581 (b)(7)).

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Order No. 04-00-104

Exhibit A Occupancy and Use Order No. 04-00-104

Special Order—Food Storage and Sanitation Definitions

1. “Food and Refuse” means any substance, solid or liquid (excluding water, baled hay, or hay cubes

without additives) or refuse, which is or may be eaten or otherwise taken into the body to sustain health or life, provide energy, or promote growth of any person or animal. Also includes items such as soft drinks, alcoholic beverages, canned foods, pet foods, processed livestock feed and grains, personal hygiene products, and empty food and beverage containers.

2. “Animal carcass” means the dead body or parts thereof, of any harvested mammal, bird, or fish, including the head or skull plate with antlers or horns and hide or cape of big game animals and any domestic livestock that may be found in the restricted area. Packaged or prepared animal carcass products transported into the restricted area for consumption, game birds, small mammals, or fish harvested for consumption in the restricted area are considered food under the previous definition.

3. “Acceptably stored” means: a. Stored in bear-resistant container certified through the Interagency Grizzly Bear Committee

Courtesy Inspection Program. A container may be certified by the local district ranger or their designated representative(s) if it meets the IGBC criteria, or

b. Stored in a closed vehicle where the storage compartment is constructed of solid, non-pliable material that, when secured, will have no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows in the vehicle must be closed), or

c. Suspended at least 10 feet clear of the ground at all points and four feet horizontally from any supporting tree or pole, or

d. Stored within a hard-sided residence, building, or storage container subject to the terms and conditions of a special-use authorization or operating plan, or

e. Stored by other methods approved in a permit issued by the forest supervisor responsible for the area where the method is proposed for use.

f. For animal carcasses: stored as per 3. a-e when located from 100 yards to ½ mile of a camping or sleeping area or within 200 yards of a National Forest System Trail. Animal carcasses are not considered acceptably stored when within 100 yards of a camping or sleeping area or National Forest System Trail. Animal carcasses more than ½ mile from a camping area or sleeping area and more than 200 yards from a National Forest System Trail may be left on the ground.

g. Animal carcasses killed or harvested (and parts thereof) within ½ mile of any established camping area or sleeping area must be acceptably stored, possessed, or moved to a distance beyond ½ mile from any such camp or sleeping area by the party(-ies) responsible for killing or harvesting such mammal.

4. “Acceptably possessed” means: a. Possessed or attended during daytime by a person(s) that is physically present within 100 feet and

direct sight of the accessible food, or b. Possessed or attended by such a person(s) for the purpose of field dressing lawfully taken animal

carcasses, transporting any food or animal carcass, preparing any animal carcass or food for eating, or eating any food.

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Order No. 04-00-104

5. “Camping/sleeping area” means National Forest System Lands temporarily used for the purpose of overnight occupancy without a permanently fixed structure or lands temporarily occupied by unattended camping equipment.

6. “Daytime” means ½ hour before sunrise to ½ hour after sunset, Mountain Time. 7. “Night time” means ½ hour after sunset to ½ hour before sunrise, Mountain Time. 8. “National Forest System Trail” means a trail wholly or partly within, or adjacent to, and serving a part

of the National Forest System and which has been included in a forest recreation map.

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Order No. 04-00-104

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Exhibit B Occupancy and Use Order No. 04-00-104

Special Order—Food Storage and Sanitation Area of Application

WESTERN BOUNDARY: North from Alpine along divide of Snake River Range from Dry Gulch to Ferry Peak summit, along top of divide to Deadhorse Peak and north along Targhee-Bridger-Teton Forest boundary. SOUTHERN BOUNDARY: The expanded food storage boundary on the Bridger-Teton National Forest begins on the southwest at the south side of the confluence of the Snake and Greys Rivers. It then runs east and north along the Snake River corridor, including that area ½ mile south and east of the river itself, to the junction with the Hoback River. At Hoback Junction the area covered by the food storage order runs east along the Hoback River corridor, also including that area up to ½ mile south of the river, to where the Hoback River leaves U.S. 189/191. From there the food storage order applies north of the U.S.189/191 corridor, also including that area up to ½ mile south of the highway and running east to the Forest boundary in T37N, R111W, Section 32 (The Rim). From there the boundary runs northeast along the Forest boundary to the Green River, then southeast along the Forest boundary to Boulder Creek, then east and north along the south side of Boulder Creek to Pipestone Creek, then north along the south side of Pipestone Creek to Lake Prue, then northeast along the south side of Europe Canyon to the Continental Divide.

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Spread Creek Pit – Biological Evaluation

Appendix B.

Greater Sage-Grouse Desired Conditions, Guidelines, Objectives, and Standards

Forest Service Plan desired condition, guideline,

objective, or standard Compliance

GRSG-GRSGH-DC-001-Desired Condition – The landscape for the greater sage-grouse encompasses large contiguous areas of native vegetation, approximately 6-to-62 square miles in area, to provide for multiple aspects of species life requirements. Within these landscapes, a variety of sagebrush-community compositions exist without invasive species, which have variations in subspecies composition, co-dominant vegetation, shrub cover, herbaceous cover, and stand structure to meet seasonal requirements for food, cover, and nesting for the greater sage-grouse.

The proposed action will not change vegetation composition, co-dominant vegetation, shrub cover, herbaceous cover, or stand structure and, thus, will be neutral toward achieving the desired condition.

GRSG-GRSGH-DC-002-Desired Condition – In greater sage-grouse habitat management areas, including all seasonal habitat, 70% or more of lands capable of producing sagebrush have from 10 to 30% sagebrush canopy cover and less than 10% conifer canopy cover. In addition, within breeding and nesting habitat, sufficient herbaceous vegetation structure and height provides overhead and lateral concealment for nesting and early brood rearing life stages. Within brood rearing habitat, wet meadows and riparian areas sustain a rich diversity of perennial grass and forb species relative to site potential. Within winter habitat, sufficient sagebrush height and density provides food and cover for the greater sage-grouse during this seasonal period. Specific desired conditions for the greater sage-grouse based on seasonal habitat requirements are in Table 1. (refer to Forest Plan Amendment for Table 1).

The proposed action will not change vegetation stand structure and, thus, will be neutral toward achieving the desired condition.

GRSG-GRSGH-ST-003-Standard – Design habitat restoration projects to move toward the desired conditions in Table 1.

The proposed action will include a reclamation plan that will move toward the desired conditions in Table 1; therefore, the proposed action is in accordance with this standard.

GRSG-GRSGH-ST-004-Standard – A soft trigger is hit when there is any deviation from normal trends in habitat or population in any given year. Normal population trends are calculated as the five-year running mean of annual population counts. Metrics include but are not limited to annual lek counts, wing counts, aerial surveys, habitat monitoring, and Density and Disturbance Calculation Tool evaluations. The Forest Service, with the assistance of the BLM, local Wyoming Game and Fish Department offices, and local sage-grouse working groups, will evaluate the metrics with the Adaptive Management Working Group on an annual basis. The purpose of these strategies is to address the localized greater sage-grouse population and habitat changes by providing the framework in which project management will change if monitoring identifies negative population and habitat anomalies to avoid crossing a hard trigger threshold. This strategy may include curtailment of activities that may adversely affect the greater sage-grouse population or habitat. In cooperation with the Adaptive Management Working Group, implement an appropriate response strategy to address causal factors.

The proposed action’s impact on leks and local populations will be evaluated on an annual basis. The leks and population counts in the area have been monitored since 2007 and will continue to be monitored. Deviations from population numbers that result in a soft trigger will be evaluated, and pit activities that may be contributing to deviations will be addressed. Therefore, the proposed action is in accordance with this standard.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-GRSGH-ST-005-Standard – Hard triggers are considered a catastrophic indicator that the species is not responding to conservation actions or that a larger-scale impact or set of impacts is having a negative effect. Metrics include but are not limited to number of active leks, acres of available habitat, and population trends based upon lek counts. Within the range of normal population variables (five-year running mean of annual population counts), hard triggers shall be determined to take effect when two of the three metrics exceed 60% of normal variability for the area under management in a single year or when any of the three metrics exceed 40% of normal variability for a 3-year time period within a 5-year range of analysis. A minimum of 3 consecutive years in a 5-year period is used to determine trends (i.e., Y1-2-3, Y2-3-4, Y3-4-5). If a hard trigger is hit, the Forest Service will immediately defer issuance of discretionary authorizations for new actions for a period of 90 days. Cooperate with the Adaptive Management Working Group to initiate development of an interim response strategy within 14 days and initiate a causal factor assessment. Implement the interim response strategy within 90 days for the appropriate Biologically Significant Unit. Once the causal factor assessment has been completed, the interim strategy will be modified to adequately address the causal factors.

The proposed action’s impact on leks and local populations will be evaluated on an annual basis. The leks and male population counts in the area have been monitored since 2007 and will continue to be monitored. Three known leks are within the action area, at least one of which has been active since 2007 on an annual basis. Deviations that cross the threshold will result in an evaluation of the pit’s activities in accordance with the standard. Thus, the proposed action is in accordance with this standard.

GRSG-GRSGH-GL-006-Guideline – Within priority habitat management areas and sagebrush focal areas in northeast Wyoming, vegetation treatments in nesting and wintering habitat that would reduce sagebrush canopy to less than 15% should be restricted.

The proposed action is not in northeast Wyoming; therefore, this guideline is not relevant.

GRSG-GRSGH-GL-007- Guideline – When removing conifers that are encroaching into greater sage-grouse habitat, avoid persistent woodlands (i.e., old growth relative to the site or more than 100 years old).

The proposed action will not remove any conifers; therefore, this guideline is not relevant.

GRSG-GRSGH-GL-008-Guideline – In priority and general habitat management areas and sagebrush focal areas, actions and authorizations should be designed to limit the spread and effect of undesirable non‐native plant species.

The proposed action will include measures to limit the spread and effect of undesirable nonnative plant species; therefore, the proposed action is designed in accordance with this guideline.

GRSG-GRSGH-GL-009-Guideline – To facilitate safe and effective fire management actions, in priority and general habitat management areas and sagebrush focal areas, fuel treatments in high-risk areas (i.e., areas likely to experience wildfire at an intensity level that might result in movement away from the greater sage-grouse desired conditions in Table 1) should be designed to reduce the spread and/or intensity of wildfire or the susceptibility of greater sage-grouse attributes to move away from desired conditions (Table 1).

The proposed action is not a fire management action; therefore, this guideline is not relevant.

GRSG-GRSGH-GL-010-Guideline – In priority and general habitat management areas and sagebrush focal areas, native plant species should be used, when possible, to maintain, restore, or enhance desired conditions (Table 1).

Native species will be used in reclamation; therefore, the proposed action is designed in accordance with this guideline.

GRSG-GRSGH-GL-011-Guideline – When breeding and nesting habitat overlaps with other seasonal habitats, habitat should be managed for breeding and nesting desired conditions (Table 1).

The action area includes habitat for breeding and nesting, as well as summer and winter habitat. The proposed action will be restricted to manage for breeding and nesting habitat and, therefore, is designed in accordance with this guideline.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-TDDD-ST-012-Standard – In priority habitat management

areas and sagebrush focal areas, do not authorize new surface occupancy or surface disturbing activities on or within a 0.6-mile radius of the perimeter of occupied leks that are located in priority habitat management and sagebrush focal areas.

The proposed action will not authorize new surface occupancy; therefore, this standard is not relevant.

GRSG-TDDD-ST-013-Standard – In general habitat management

areas, do not authorize new surface occupancy or surface disturbing activities on or within a 0.25 mile radius of the perimeter of occupied leks.

The proposed action will not authorize new surface occupancy; therefore, this standard is not relevant.

GRSG-TDDD-ST-014-Standard – Do not authorize new surface disturbing and disruptive activities that create noise at 10dB above ambient measured at the perimeter of an occupied lek during lekking (from March 1 to May 15) from 6 p.m. to 8 a.m. Do not include noise resulting from human activities that have been authorized and initiated within the past 10 years in the ambient baseline measurement.

Noise from the proposed action will not reach 10 dB at the perimeter of the occupied lek during lekking. Pit operations will occur from June 30 to October 31; thus, the pit will not be in operation during the lekking period from March 1 to May 15. Therefore, the proposed action is designed in accordance with this standard.

GRSG-TDDD-ST-015-Standard – In priority and general habitat management areas and sagebrush focal areas, only allow new authorized land uses if after avoiding and minimizing impacts, any remaining residual impacts to the greater sage-grouse or its habitat are fully offset by compensatory mitigation projects that provide a net conservation gain to the species, subject to valid existing rights, by applying beneficial mitigation actions. Any compensatory mitigation will be durable, timely, and in addition to what would have resulted without the compensatory mitigation as addressed in the Mitigation Framework (Appendix B).

The proposed action will not allow new authorized land uses; therefore, this standard is not relevant.

GRSG-TDDD-GL-016-Guideline – In priority-core habitat management areas and sagebrush focal areas, do not authorize new surface disturbing or disruptive activities from March 15 through June 30. Where credible data, based upon field analysis, support different timeframes for the seasonal restriction, dates may be shifted by either 14 days before or subsequent to the above dates, but not both.

The proposed action activities will not begin until after June 30 each year. If credible data, based on field analysis conducted by the NPS, indicates that the proposed action will not impact leks, the start time may be shifted up to 14 days earlier. Therefore, the proposed action is designed in accordance with this guideline.

GRSG-TDDD-GL-017-Guideline – Within priority-connectivity

habitat management areas, do not authorize new surface disturbing or disruptive activities from March 15 through June 30 within 4 miles of a lek perimeter. Where credible data, based upon field analysis, support different timeframes for this seasonal restriction, dates may be shifted by either 14 days before or after the above dates, but not both.

The proposed action is not within a priority-connectivity habitat management area; therefore, this guideline is not relevant.

GRSG-TDDD-GL-018-Guideline – In general habitat

management areas, do not authorize new surface disturbing or disruptive activities from March 15 to June 30 within 2 miles of the lek or lek perimeter of any occupied lek located inside general areas. Where credible data, based upon field analysis, support different timeframes for this restriction, dates may be shifted by either 14 days before or subsequent to the above dates, but not both.

The proposed action is not within a general habitat management area; therefore, this guideline is not relevant.

GRSG-TDDD-GL-019-Guideline – Within mapped winter concentration areas in priority-core habitat management areas and sagebrush focal areas, do not authorize new surface disturbing or disruptive activities from December 1 through March 14 to protect priority-core and sagebrush focal area greater sage-grouse populations that use these winter concentration habitats.

The proposed action is not within a mapped winter concentration area; therefore, this guideline is not relevant.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-TDDD-GL-020-Guideline – Within mapped winter

concentration areas in priority-connectivity and general habitat management areas, do not authorize new surface disturbing or disruptive activities from December 1 through March 14 where winter concentration areas are identified as supporting populations of greater sage-grouse that attend leks within priority-core habitat management areas and sagebrush focal areas.

The proposed action is not within a mapped winter concentration area; therefore, this guideline is not relevant.

GRSG-TDDD-GL-021-Guideline – In priority-core habitat management areas and sagebrush focal areas, limit the density of activities related to oil and gas development or mining activities to no more than an average of one pad or mining operation per 640 acres, using the current Density Disturbance Calculation Tool (DDCT) process or its replacement.

No other proposed or operating mine or oil and gas facility is within the 640-acre area surrounding the pit. In addition, use of the DDCT is not required because the Spread Creek Pit is not a new disturbance. Therefore, the proposed action is designed in accordance with this guideline.

GRSG-TDDD-GL-022-Guideline – In priority habitat

management areas and sagebrush focal areas, do not authorize surface disturbing activities unless all existing discrete anthropogenic disturbances cover less than 5% of the suitable habitat in the surrounding area using the current Density Disturbance Calculation Tool process or its replacement and the new use will not cause exceedance of the 5% cap. An exception is described in GRSG-M-LM-ST-097-Standard. Consider the likelihood of surface disturbing activities as a result of development of valid existing rights when authorizing new projects in priority habitat management areas.

The proposed action is not a new use; therefore, use of the DDCT is not required and this guideline is not relevant. The proposed action is also in compliance with Wyoming Governor’s EO 2015-4 for implementation of the 5% cap on disturbance. EO 2015-4 states that 1) activities existing or permitted in Core Population Areas prior to August 1, 2008 and 2) activities existing or permitted within core population areas added as a result of EO 2015-4 will not be required to be managed under the core population area stipulations. EO 2015-4 also states that federal and state permitted activities within a defined project boundary shall be allowed to continue within the existing boundary even if the use exceeds recommended stipulations.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-INFRA-GL-023-Guideline – In priority habitat management areas and sagebrush focal areas, when constructing new infrastructure and during maintenance, replacement, and upgrades to existing infrastructure, impacts to the greater sage-grouse and its habitat should be mitigated.

• Existing guy wires should be removed or appropriately marked with bird flight diverters to make them more visible to the greater sage-grouse in flight. Authorization of new infrastructure with guy wires should be restricted.

• Power lines (distribution and transmission) should be designed to minimize wildlife-related impacts and constructed to the latest APLIC standards.

• When possible, perch deterrents should be installed on existing and new overhead facilities. Tanks and other above-ground facilities should be equipped with structures or devices that discourage nesting and perching of raptors and corvids.

• Permanent structures should be designed or sited to minimize impacts to the greater sage-grouse, with emphasis on locating and operating facilities that create movement (e.g., pump jacks) or attract frequent human use and vehicular traffic (e.g., fluid storage tanks) in a manner that will minimize disturbance of the greater sage-grouse or interference with habitat use.

• Liquid gathering facilities in priority habitat management areas and sagebrush focal areas should be buried and reclaimed to limit or eliminate human disturbance and physical habitat disturbance. To reduce truck traffic and perching and nesting of ravens and raptors, tanks should not be placed at well locations.

The proposed action will not construct new infrastructure or upgrade infrastructure; therefore, this guideline is not relevant.

GRSG-LR-SUA-ST-024-Standard – In priority habitat management areas and sagebrush focal areas, restrict issuance of new special-use authorizations for infrastructure, such as high-voltage transmission lines, major pipelines distribution lines, and communication towers. Exceptions may include co-location and must be limited (e.g., safety needs) and based on rationale (e.g., monitoring, modeling, or best available science) that explicitly demonstrates that adverse impacts to the greater sage-grouse will be avoided with the exception. If co-location of new infrastructure cannot be accomplished, locate it adjacent to existing infrastructure, roads, or already disturbed areas and limit disturbance to the smallest footprint or where it best limits impacts to the greater sage-grouse or its habitat. Existing authorized uses will continue to be recognized.

The proposed action will not authorize new infrastructure; therefore, this standard is not relevant.

GRSG-LR-SUA-ST-025-Standard – In priority and general habitat management areas and sagebrush focal areas, do not authorize temporary lands special-use permits (i.e., facilities or activities) that result in loss of habitat or would have long-term (i.e., greater than 5 years) negative impact on the greater sage-grouse or its habitat.

The proposed action will be reclaimed in phases, upon completion of each extraction phase, with native vegetation returned to as close to its original contours as possible. The area will be restored to suitable habitat. Therefore, the proposed action is in accordance with this standard.

GRSG-LR-SUA-ST-026-Standard – In priority and general habitat management areas and sagebrush focal areas, when a lands special-use authorization is revoked or terminated and no future use is contemplated, require the authorization holder to remove overhead lines and other infrastructure in compliance with 36 CFR 251.60(i).

No overhead lines are associated with the proposed action. Any infrastructure associated with the proposed action will be removed upon termination of special use authorization of the area. Therefore, the proposed action is in accordance with this standard.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-LR-SUA-ST-027-Standard – In priority habitat management areas and sagebrush focal areas, new power transmission projects must be located within the 2-mile wide transmission line route in south-central and southwestern Wyoming or as close as technically feasible (i.e., within 0.5 mile) on either side of existing 115 kV or larger transmission lines or corridors creating a route no wider than 1 mile. These projects will not be counted against the 5% disturbance cap.

The proposed action will not involve new power transmission lines; therefore, this standard is not relevant.

GRSG-LR-SUA-ST-029-Standard – In priority and general habitat management areas and sagebrush focal areas, locate upgrades to existing transmission lines within the existing designated corridors or rights-of-way unless an alternate route would benefit greater sage-grouse or their habitats.

The proposed action will not involve upgrades to power transmission lines; therefore, this standard is not relevant.

GRSG-LR-SUA-GL-030-Guideline – Authorization of new temporary meteorological towers should be restricted in priority habitat management areas and sagebrush focal areas within 2 miles of occupied greater sage-grouse leks, unless they are out of direct line of sight of an occupied lek.

The proposed action will not involve new temporary meteorological towers; therefore, this guideline is not relevant.

GRSG-LR-SUA-GL-031-Guideline – In priority habitat management areas and sagebrush focal areas, outside of existing designated corridors and rights-of-way, new transmission lines and pipelines should be buried to limit disturbance to the smallest footprint unless explicit rationale is provided that the biological impacts to the greater sage-grouse are being avoided. If new transmission lines and pipelines are not buried, locate them adjacent to existing transmission lines and pipelines.

The proposed action will not involve new utility lines; therefore, this guideline is not relevant.

GRSG-LR-LOA-ST-032-Standard – In priority and general management areas and sagebrush focal areas, do not approve landownership adjustments, including land exchanges, unless the action results in a net conservation gain to the greater sage-grouse or it will not directly or indirectly adversely affect greater sage-grouse conservation.

The proposed action will not involve land ownership adjustments; therefore, this standard is not relevant.

GRSG-LR-LOA-GL-033-Guideline – In priority habitat management areas and sagebrush focal areas, do not issue new discretionary written authorizations unless all existing discrete anthropogenic disturbances cover less than 5% of the total greater sage-grouse habitat within the Biologically Significant Unit and the proposed project area, regardless of ownership, and the new use will not cause exceedance of the 5% cap. Discretionary activities that might result in disturbance above 5% at the Biologically Significant Unit and proposed project area would be prohibited unless approved by the forest supervisor with concurrence from the regional forester after review of new or site-specific information that indicates the project would result in a net conservation gain at the Biologically Significant Unit and proposed project area scale. Within existing designated utility corridors, the 5% disturbance cap may be exceeded at the project scale if the site specific NEPA analysis indicates that a net conservation gain to the species will be achieved. This exception is limited to projects that fulfill the use for which the corridors were designated (e.g., transmission lines, pipelines) and the designated width of a corridor will not be exceeded as a result of any project co-location. Consider the likelihood of surface disturbing activities as a result of development

The proposed action will not involve new discretionary written authorizations; therefore, this guideline is not relevant.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-LR-LW-GL-034-Guideline – In priority habitat management areas and sagebrush focal areas, use land withdrawals as a tool, where appropriate, to withhold an area from activities that will be detrimental to the greater sage-grouse or its habitat.

The proposed action will not involve land withdrawals; therefore, this guideline is not relevant.

GRSG-WS-GL-035-Guideline – In priority habitat management areas and sagebrush focal areas, restrict authorization of wind utility-scale and/or commercial energy development except for on-site power generation associated with existing industrial infrastructure (e.g., mine site).

The proposed action will not involve wind utility-scale or commercial energy development; therefore, this guideline is not relevant.

GRSG-LG-DC-036-Desired Condition – In priority and general habitat management areas, sagebrush focal areas, and within lek buffers, livestock grazing is managed to maintain or move toward desired habitat conditions (Table 1).

The proposed action will not involve livestock grazing and, thus, will be neutral toward achieving the desired condition.

GRSG-LG-GL-037-Guideline – Grazing guidelines in Table 2 should be applied in each of the seasonal habitats in Table 2. If values in Table 2 cannot be achieved based upon a site-specific analysis using Ecological Site Descriptions, long-term ecological site potential analysis, or other similar analysis, adjust grazing management to move toward desired habitat conditions in Table 1 consistent with the ecological site potential. Do not use drought and degraded habitat condition to adjust values. Grazing guidelines in Table 2 would not apply to isolated parcels of National Forest System lands that have less than 200 acres of greater sage-grouse habitat.

The proposed action will not involve livestock grazing; therefore, this guideline is not relevant.

GRSG-LG-GL-038-Guideline – On the Thunder Basin National Grassland, if 90% or more of the allotment falls within nesting or brood rearing habitat, 25% of the allotment would be exempted from the breeding/nesting residual perennial grass height guidelines in Table 2.

The proposed action is not on the Thunder Basin National Grassland; therefore, this guideline is not relevant.

GRSG-LG-GL-039-Guideline – In priority and general habitat management areas and sagebrush focal areas, when grazing permits are waived without preference or obtained through permit cancellation, consider the agency’s full range of administrative authorities for future allotment management, including but not limited to allotment closure, vacancy status for resource protection, establishment of forage reserve, re-stocking, or livestock conversion as management options to maintain or achieve desired habitat conditions (Table 1).

The proposed action will not involve livestock grazing; therefore, this guideline is not relevant.

GRSG-LG-GL-040-Guideline – Bedding sheep and locating camps within 0.6 miles from the perimeter of a lek during lekking (from March 1 to May 15) should be restricted.

The proposed action will not involve livestock grazing; therefore, this guideline is not relevant.

GRSG-LG-GL-GL-041-Guideline – From March 15 through June 30, trailing livestock should be limited to existing trails. Specific routes and timeframes should be identified; existing trails should be used; and stopovers on occupied leks should be avoided. New trailing activities should be assessed to determine a route that will minimize impacts to the greater sage-grouse and its habitats. Where credible data based upon field analysis support different timeframes for the seasonal restriction, dates may be shifted by either 14 days before or subsequent to the above dates, but not both.

The proposed action will not involve livestock grazing; therefore, this guideline is not relevant.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-LG-GL-042-Guideline – Collision risk associated with existing fences within 1.2 miles of leks should be minimized through removal or modification (e.g. marking, laydown fences, or other design features).

The proposed action area does not have fencing; therefore, this guideline is not relevant.

GRSG-LG-GL-043-Guideline – In priority habitat management areas and sagebrush focal areas, new permanent livestock facilities, except fences, should not be constructed within 0.6 miles from the perimeter of occupied leks. In general habitat management areas, new permanent livestock facilities should not be constructed within 0.25 miles of occupied leks.

The proposed action will not involve livestock grazing; therefore, this guideline is not relevant.

GRSG-LG-GL-044-Guideline – On the Thunder Basin National Grassland, where general habitat management areas overlap with Management Area 8.4 (Mineral Production), Management Area 3.63 (Black-footed Ferret Reintroduction Habitat), or other designated areas for short-grass species, livestock grazing should be managed to meet the objectives for that Management Area.

The proposed action is not on the Thunder Basin National Grassland; therefore, this guideline is not relevant.

GRSG-FM-DC-045-Desired Condition – In priority and general habitat management areas and sagebrush focal areas, protect sagebrush habitat from loss due to unwanted wildfires or damages resulting from management related activities while using agency risk management protocols to manage for firefighter and public safety and other high priority values. In all fire response, first priority is the management of risk to firefighters and the public. Greater sage-grouse habitat will be prioritized as a high value resource along with other high value resources and assets.

The proposed action will not affect fire management and, thus, will be neutral toward achieving the desired condition.

GRSG-FM-ST-046-Standard – In priority and general habitat management areas and sagebrush focal areas, when prescribed fire is used for fuels management or vegetation treatments, design the burn to move toward desired habitat conditions (Table 1). Restrict prescribed fire in areas of Wyoming big sagebrush, other xeric sagebrush species, where cheatgrass or other fire-invasive species occur, and/or within areas of less than 12-inch precipitation zones unless necessary for restoration of greater sage-grouse habitat consistent with desired conditions in Table 1.

The proposed action will not involve prescribed fire; therefore, this standard is not relevant.

GRSG-FM-ST-047-Standard – In priority and general habitat management areas and sagebrush focal areas, if it is necessary to use prescribed fire for restoration of greater sage-grouse habitat consistent with desired conditions in Table 1, the associated National Environmental Policy Act analysis must identify how the project would move toward greater sage-grouse desired conditions; why alternative techniques were not selected; and how potential threats to greater sage-grouse habitat would be minimized.

The proposed action will not involve prescribed fire; therefore, this standard is not relevant.

GRSG-FM-ST-048-Standard – On the Thunder Basin National Grassland, where general habitat management areas overlap with Management Area 3.63 (Black-footed Ferret Reintroduction Habitat) or other designated areas for short-grass species, allow prescribed fire to meet objectives for that Management Area.

The proposed action is not on the Thunder Basin National Grassland; therefore, this standard is not relevant.

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Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-FM-GL-049-Guideline – In planned fuels management activities or part of an overall vegetative management strategy to mitigate the impacts of wildfire in priority and general habitat management areas and sagebrush focal areas, when reseeding in fuel breaks, fire-resistant native plant species should be used if available or consider using fire-resistant non-native species if analysis and/or best available science demonstrates that non-native plants will not degrade greater sage-grouse habitat in the long-term.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-050-Guideline – Locating temporary wildfire suppression facilities (e.g., incident command posts, spike camps, helibases, mobile retardant plants) in priority and general habitat management areas and sagebrush focal areas should be avoided. When needed to best provide for firefighter or public safety or to minimize fire size in greater sage-grouse habitat, impacts to the greater sage-grouse should be considered and removal of sagebrush should be limited.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-051-Guideline – In priority and general habitat management areas and sagebrush focal areas, cross‐country vehicle travel during fire operations should be restricted. When needed to best provide for firefighter or public safety or to minimize fire size in greater sage-grouse habitat, impacts to the greater sage-grouse should be considered and removal of sagebrush should be limited.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-052-Guideline – In priority and general habitat management areas and sagebrush focal areas, use fire management tactics and strategies that seek to minimize loss of existing sagebrush habitat. The safest and most practical means to do so will be determined by fireline leadership and incident commanders.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-053-Guideline – In priority and general habitat management areas and sagebrush focal areas, prescribed fire prescriptions should minimize undesirable effects on vegetation and/or soils (e.g., minimize mortality of desirable perennial plant species and reduce risk of hydrophobicity).

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-054-Guideline – In priority and general habitat management areas and sagebrush focal areas, roads and natural fuel breaks should be incorporated into planned fuel break design to improve effectiveness and minimize loss of existing sagebrush habitat.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-055-Guideline – In priority and general habitat management areas and sagebrush focal areas, where practical and available, all fire-associated vehicles and equipment should be inspected and cleaned using standardized protocols and procedures and approved vehicle/equipment decontamination systems before entering and exiting the area beyond initial attack activities to minimize the introduction of invasive annual grasses and other invasive plant species and noxious weeds.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-056-Guideline – Unit-specific greater sage-grouse fire management related information should be added to wildland fire decision support systems (currently, the Wildland Fire Decision Support System, WFDSS); local operating plans and resource advisor plans to be used during fire situation to inform management decisions; and aid in development of strategies and tactics for resource prioritization.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

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Spread Creek Pit – Biological Evaluation

Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-FM-GL-057-Guideline – Localized maps of priority and general habitat management areas and sagebrush focal areas should be made available to fireline, dispatch, and fire support personnel.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-059-8Guideline – In or near priority and general habitat management areas and sagebrush focal areas, a greater sage‐grouse resource advisor should be assigned to all extended attack fires.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-059-Guideline – On critical fire weather days, protection of greater sage-grouse habitat should receive high consideration, along with other high values, for positioning of resources.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-060-Guideline – Line officers should be involved in setting pre-season wildfire response priorities and prioritizing protection of priority and general habitat management areas and sagebrush focal areas, along with other high values. During periods of multiple fires or limited resource availability, fire management organizational structure (local, regional, national) will prioritize fires and allocation of resources in which greater sage-grouse habitat is a consideration along with other high values.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-061-Guideline – In priority and general habitat management areas and sagebrush focal areas, consider using fire retardant and mechanized equipment only if it is likely to result in minimizing burned acreage; preventing the loss of other high value resources; or increasing the effectiveness of other tactical strategies. Agency administrators, their designee, or fireline leadership should consider fire suppression effects while determining suppression strategy and tactics; the use of fire retardant and mechanized equipment may be approved by agency administrators, their designee, or fireline leadership.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-062-Guideline – In priority and general habitat management areas and sagebrush focal areas, to minimize sagebrush habitat loss, consider using the full range of suppression techniques to protect unburned islands, doglegs, and other sage grouse habitat features that may exist within the perimeter of wildfires. These suppression objectives and activities should be prioritized against other wildland fire suppression activities and priorities.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

GRSG-FM-GL-063-Guideline – In wintering or breeding and nesting habitat, sagebrush removal or manipulation, including prescribed fire, should be restricted unless the removal strategically reduces the potential impacts from wildfire or supports the attainment of desired conditions.

The proposed action will not involve fire management; therefore, this guideline is not relevant.

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Spread Creek Pit – Biological Evaluation

Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-R-DC-064-Desired Condition – In priority habitat management areas and sagebrush focal areas, recreation activities are balanced with the ability of the land to support them while meeting greater sage-grouse seasonal habitat desired conditions (Table 1) and creating minimal user conflicts.

The proposed action will not affect recreation and, thus, will be neutral toward achieving the desired condition.

GRSG-R-ST-065-Standard – In priority and general habitat management areas and sagebrush focal areas, do not authorize temporary recreation uses (i.e., facilities or activities) that result in loss of habitat or would have long-term (i.e., greater than 5 years) negative impact on the greater sage-grouse or its habitat.

The proposed action will not affect recreation uses; therefore, this standard is not relevant.

GRSG-R-GL-066-Guideline – In priority and general habitat management areas and sagebrush focal areas habitat management areas, terms and conditions that protect and restore greater sage-grouse habitat within the permit area should be included in new recreation special-use authorizations. During renewal, amendment, or reauthorization, terms and conditions in existing permits and operating plans should be modified to protect and/or restore greater sage-grouse habitat.

The proposed action will not involve recreation special-use authorizations; therefore, this guideline is not relevant.

GRSG-R-GL-067-Guideline – In priority habitat management areas and sagebrush focal areas, new recreational facilities or expansion of existing recreational facilities (e.g., roads, trails, campgrounds), including special-use authorizations for facilities and activities, should not be approved unless the development results in a net conservation gain to the greater sage-grouse or its habitat or the development is required for visitor safety.

The proposed action will not involve new recreation facilities or expansion of existing recreation facilities; therefore, this guideline is not relevant.

GRSG-RT-DC-068-Desired Condition – In priority and general habitat management areas and sagebrush focal areas, within the forest transportation system and on roads and trails authorized under a special-use authorization, the greater sage-grouse experience minimal disturbance during breeding and nesting (from March 15 to June 30) and wintering (from December 1 to March 15) periods; dates may be shifted by either 14 days before or after the above dates, but not both.

The proposed action activities will not begin until after June 30 each year. If credible data, based on field analysis conducted by the NPS, indicates that the proposed action will not impact leks, the start time may be shifted up to 14 days earlier pending approval from the BTNF. There would be no activity associated with the pit from December 1 to March 15. Therefore, the proposed action will make progress toward helping to achieve the desired condition

GRSG-RT-ST-069-Standard – Restrict construction of new maintenance level 4 and 5 roads within 1.9 miles of the perimeter of occupied greater sage-grouse leks within priority habitat management areas and sagebrush focal areas unless construction allows decommissioning of an existing route that negatively affects the greater sage-grouse.

The proposed action will not involve construction of new roads; therefore, this standard is not relevant.

GRSG-RT-ST-070-Standard – Do not allow any category of road construction within 0.6 miles from the perimeter of occupied leks in priority habitat management areas and sagebrush focal areas or 0.25 miles from the perimeter of occupied leks in general habitat management areas as described in GRSG-TDDD-ST-012 and 013-Standards.

The proposed action will not involve construction of new roads; therefore, this standard is not relevant.

GRSG-RT-ST-071-Standard – In priority habitat management areas and sagebrush focal areas, do not allow improvements to existing routes that would change route category (level 1 through 5) or capacity unless the upgrading would have minimal impact on the greater sage-grouse; is necessary for motorist safety; or eliminates the need to construct a new road.

The proposed action will not involve changes to route categories; therefore, this standard is not relevant.

GRSG-RT-ST-072-Standard – If necessary to construct new roads and trails in priority or sagebrush focal areas for one of the reasons listed in GRSG-RT-ST-070-Standard or to access valid existing rights, limit construction to the minimum standard, length, and number and avoid, minimize, and mitigate impacts.

The proposed action will not involve construction of new roads; therefore, this standard is not relevant.

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Spread Creek Pit – Biological Evaluation

Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-RT-ST-073-Standard – In priority and general habitat management areas and sagebrush focal areas, do not allow public motor vehicle use on temporary energy development roads.

The proposed action will not involve energy development roads; therefore, this standard is not relevant.

GRSG-RT-GL-074-Guideline – In priority and general habitat management areas and sagebrush focal areas, new roads and road realignments should be designed and administered to reduce collisions with the greater sage-grouse.

The proposed action will not involve construction of new roads; therefore, this guideline is not relevant.

GRSG-RT-GL-075-Guideline – In priority and general habitat management areas and sagebrush focal areas, road construction within riparian areas and mesic meadows should be restricted. If not possible to restrict construction within riparian areas and mesic meadows, roads should be designed and constructed perpendicular to ephemeral drainages and stream crossings, unless topography prevents doing so.

The proposed action will not involve construction of new roads; therefore, this guideline is not relevant.

GRSG-RT-GL-076-Guideline – In priority and general habitat management areas and sagebrush focal areas, when decommissioning roads and unauthorized routes, restoration activity should be designed to move habitat toward desired conditions (Table 1).

The proposed action will not involve road decommissioning; therefore, this guideline is not relevant.

GRSG-RT-GL-077-Guideline – In priority and general habitat management areas and sagebrush focal areas, dust abatement terms and conditions should be included in road-use authorizations when dust has the potential to affect the greater sage-grouse.

The proposed action’s plan of operation will include a dust abatement plan on roads used by vehicles associated with the pit. Therefore, the proposed action is designed in accordance with this guideline.

GRSG-RT-GL-078-Guideline – In priority and general habitat management areas and sagebrush focal areas, road and road-way maintenance activities should be designed and implemented to reduce the risk of vehicle- or human‐caused wildfires and the spread of invasive plants. Such activities include but are not limited to the removal or mowing of vegetation a car-width off the edge of roads; use of weed-free earth-moving equipment, gravel, fill, or other materials; and blading or pulling roadsides and ditches that are infested with noxious weeds only if required for public safety or protection of the roadway.

The proposed action’s operation plan will include best management practices to reduce the risk of wildfire and spread of invasive plants associated with the pit’s access roads and road maintenance. Therefore, the proposed action is designed in accordance with this guideline.

GRSG-M-FMUL-ST-079-Standard – In priority and general habitat management areas and sagebrush focal areas, new oil and gas leases may be offered consistent and subject to the leasing stipulations in the timing, distance, density, and disturbance direction in the Timing, Distance, Density and Disturbance section.

The proposed action will not involve unleased fluid mineral extraction; therefore, this standard is not relevant.

GRSG-M-FMUL-ST-080-Standard – In priority habitat management areas and sagebrush focal areas, require geophysical exploration projects to be designed to minimize greater sage-grouse habitat fragmentation.

The proposed action will not involve unleased fluid mineral extraction; therefore, this standard is not relevant.

GRSG-M-FML-ST-081-Standard – In priority habitat management areas and sagebrush focal areas when approving the Surface Use Plan of Operation portion of the Application for Permit to Drill on existing leases that are not yet developed, require that leaseholders avoid and minimize surface disturbances and disruptive activities consistent with the rights granted in the lease.

The proposed action will not involve leased fluid mineral extraction; therefore, this standard is not relevant.

GRSG-M-FML-ST-082-Standard – In priority habitat management areas and sagebrush focal areas, when facilities are no longer needed or leases are relinquished, require reclamation plans to include terms and conditions to restore habitat to desired conditions as described in Table 1.

The proposed action will not involve leased fluid mineral extraction; therefore, this standard is not relevant.

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Spread Creek Pit – Biological Evaluation

Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-M-FML-GL-083-Guideline – Compressor stations should be located on portions of a lease that are non-habitat and are not used by the greater sage-grouse and if there would be no direct, indirect, or cumulative effects on the greater sage-grouse or its habitat. If this is not possible, work with the operator to use mufflers, sound insulation, or other features to reduce noise consistent with GRSG-TDDD-ST-014-Standard.

The proposed action will not involve leased fluid mineral extraction; therefore, this guideline is not relevant.

GRSG-M-FML-ST-084-Standard – In priority and general habitat management areas and sagebrush focal areas, when authorizing development of fluid mineral resources, work with the operator to minimize impacts to the greater sage-grouse and its habitat, such as locating facilities in non-habitat areas first and then in the least suitable habitat.

The proposed action will not involve leased fluid mineral extraction; therefore, this standard is not relevant.

GRSG-M-FML-GL-085-Guideline – In priority and general habitat management areas and sagebrush focal areas on existing leases, operators should be encouraged to reduce disturbance to greater sage-grouse habitat. At the time of approval of the Surface Use Plan of Operation portion of the Application for Permit to Drill, terms and conditions should be included to reduce disturbance to greater sage-grouse habitat, where appropriate and feasible and consistent with the rights granted to the lessee.

The proposed action will not involve leased fluid mineral extraction; therefore, this guideline is not relevant.

GRSG-M-FML-GL-086-Guideline – On existing federal leases in priority and general habitat management areas and sagebrush focal areas, when surface occupancy cannot be restricted due to valid existing rights or development requirements, disturbance and surface occupancy should be limited to areas least harmful to the greater sage-grouse, based on vegetation, topography, or other habitat features.

The proposed action does not include federal leases; therefore, this guideline is not relevant.

GRSG-M-FML-GL-087-Guideline – In priority and general habitat management areas and sagebrush focal areas, where the federal government owns the surface and the mineral estate is in non-federal ownership, coordinate with the mineral estate owner/lessee to apply appropriate stipulations, conditions of approval, conservation measures, and required design features to the appropriate surface management instruments to the maximum extent permissible under existing authorities.

The proposed action does not include federal leases; therefore, this guideline is not relevant.

GRSG-M-FMO-GL-088-Guideline – In priority habitat management areas and sagebrush focal areas, do not authorize employee camps.

The proposed action does not include federal leases; therefore, this guideline is not relevant.

GRSG-M-FMO-GL-089-Guideline – In priority habitat management areas and sagebrush focal areas, closed‐loop systems should be used for drilling operations with no reserve pits where feasible.

The proposed action is not a drilling operation; therefore, this guideline is not relevant.

GRSG-M-FMO-GL-090-Guideline – In priority and general habitat management areas and sagebrush focal areas, during drilling operations, soil compaction should be minimized and soil structure should be maintained using the best available techniques to improve vegetation reestablishment.

The proposed action is not a fluid mineral drilling operation; therefore, this guideline is not relevant.

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Spread Creek Pit – Biological Evaluation

Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-M-FMO-GL-091-Guideline – In priority and general habitat management areas and sagebrush focal areas, dams, impoundments, and ponds for mineral development should be constructed to reduce potential for West Nile virus. Examples of methods to accomplish this include the following:

• Increase the depth of ponds to accommodate a greater volume of water than is discharged.

• Build steep shorelines (greater than 2 feet) to reduce shallow water and aquatic vegetation around the perimeter of impoundments to reduce breeding habitat for mosquitoes.

• Maintain the water level below that of rooted aquatic and upland vegetation. Avoid flooding terrestrial vegetation in flat terrain or low-lying areas.

• Construct dams or impoundments that restrict down-slope seepage or overflow by digging ponds in flat areas rather than damming natural draws for effluent water storage or lining constructed ponds in areas where seepage is anticipated.

• Line the channel where discharge water flows into the pond with crushed rock or use a horizontal pipe to discharge inflow directly into existing open water.

• Line the overflow spillway with crushed rock and construct the spillway with steep sides.

• Fence pond sites to restrict access by livestock and other wild ungulates.

• Remove or reinject produced water. • Treat waters with larvicides to reduce mosquito

production where water occurs on the surface.

The proposed action does not include any dam, impoundment, or pond that will be used for mineral development; therefore, this guideline is not relevant.

GRSG-M-FMO-GL-092-Guideline – In priority and general habitat management areas and sagebrush focal areas, to keep habitat disturbance at a minimum, a phased development approach should be applied to fluid mineral operations, wherever possible, consistent with the rights granted under the lease. Disturbed areas should be reclaimed as soon as they are no longer needed for mineral operations.

The proposed action is not a fluid mineral operation; therefore, this guideline is not relevant.

GRSG-M-CM-ST-093-Standard – Apply all restrictions listed in the Timing, Distance, Density and Disturbance section to coal exploration and new coal lease projects.

The proposed action is not a coal mine; therefore, this standard is not relevant.

GRSG-M-CM-ST-094-Standard – Priority habitat management areas and sagebrush focal areas are essential habitat for maintaining the greater sage-grouse for purposes of the suitability criteria set forth at 43 CFR 3461.5(o)(1).

The proposed action is not a coal mine; therefore, this standard is not relevant.

GRSG-M-CM-GL-095-Guideline – In priority and general habitat management areas and sagebrush focal areas, when coal leases are subject to readjustment, additional requirements should be included in the readjusted lease to protect and reduce threats to conserve, enhance, and restore the greater sage-grouse and its habitat for long-term viability.

The proposed action is not a coal mine; therefore, this guideline is not relevant.

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Spread Creek Pit – Biological Evaluation

Forest Service Plan desired condition, guideline, objective, or standard Compliance

GRSG-M-LM-ST-096-Standard – In priority habitat management areas and sagebrush focal areas, only approve Plans of Operation with mitigation to protect the greater sage-grouse and its habitat, consistent with the rights of the mining claimant as granted by the Mining Law of 1872, as amended.

The proposed action does not deal with locatable minerals; therefore, this standard is not relevant.

GRSG-M-LM-ST-097-Standard – The disturbance cap described in GRSG-TDDD-ST-022-Standard will not be applied to foreclose development of locatable minerals on unpatented claims located under the General Mining Act of 1872, as amended; the disturbance from locatable mining will be accounted for when determining the percent disturbance and whether the cap has been exceeded.

The proposed action does not deal with locatable minerals; therefore, this standard is not relevant.

GRSG-M-NEL-GL-098-Guideline – In priority and general habitat management areas and sagebrush focal areas, at the time of issuance of prospecting permits; exploration licenses and leases; or readjustment of leases for non-energy leasable minerals, the Forest Service should provide recommendations to the BLM for the protection of the greater sage-grouse and its habitats.

The proposed action does not involve leasable minerals; therefore, this guideline is not relevant.

GRSG-M-NEL-GL-099-Guideline – In priority and general habitat management areas and sagebrush focal areas, the Forest Service should recommend to the BLM that expansion or readjustment of existing leases avoid, minimize, or mitigate the effects to the greater sage-grouse and its habitat.

The proposed action does not involve leasable minerals; therefore, this guideline is not relevant.

GRSG-M-MM-ST-100-Standard – Apply all restrictions listed in the Timing, Distance, Density and Disturbance section to authorizations for mineral material sales and free use.

The proposed action does not involve leasable minerals; therefore, this standard is not relevant.

GRSG-M-MM-ST-101-Standard – Permits for mineral material operations in priority, sagebrush focal, or general sage-grouse habitat management areas must include appropriate requirements for reclamation of the site to maintain, restore, or enhance desired habitat conditions (Table 1).

The proposed action does not involve leasable minerals; therefore, this standard is not relevant.