THREATENED AND ENDANGERED SPECIES
CONSULTATIONS
This appendix describes the consultation process between the Department of Energy (DOE) and the U.S. Fish and Wildlife Service (USFWS) associated with the DARHT EIS. It also summarizes the biological assessment prepared by the Los Alamos National Laboratory (LANL) in July 1995 (Keller and Risberg 1995). The following sections discuss the threatened, endangered, or sensitive species that could potentially inhabit the proposed area, and mitigation measures to minimize potential impacts to those species.
K.1 INTRODUCTION
Under the Endangered Species Act (ESA) of 1973 [16 USC 1531-1544], Federal agencies are required to consult with the USFWS to ensure that a proposed action is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species.
The Section 7 consultation process involves the identification of the possible presence of a listed or proposed species or their critical habitat that could be affected by the proposed action. If present, a biological assessment is prepared to determine whether the proposed action is likely to adversely affect listed or proposed species or designated or proposed critical habitat and to consider modifications to the action that would avoid adverse impacts. Concurrence is requested from the USFWS if the action is not likely to adversely affect listed species or designated critical habitat. An "is likely to adversely affect" determination requires formal Section 7 consultation and a resulting biological opinion.
A biological assessment was prepared by LANL in May of 1995 (Keller and Risberg 1995) for completion of the DARHT Facility. This was forwarded to the USFWS for review. Following this initial submission, the Mexican spotted owl, a federally threatened species, was sighted within two miles of the proposed DARHT Facility area. The biological assessment was revised to include the new information on the owl and submitted to USFWS in July, 1995. The letter enclosed with the revised biological assessment requested that the USFWS (exhibit 1) concur with the DOE's determination that the proposed DARHT site will not likely adversely affect any endangered or threatened species, or modify their critical habitat as provided under 50 CFR 402.14b. After reviewing the biological assessment, concurrence was provided by the USFWS (exhibit 2).
The potential for occurrence of each threatened, endangered, and candidate species potentially inhabiting the area surrounding the DARHT site was systematically analyzed. It was determined that suitable habitats (e.g. water courses, riparian vegetation, and open grassland) are not found in the proposed project area for all potential species. This eliminated some species from consideration as shown in table 1 of the biological assessment. This assessment lists those species that have no potential for occurrence in the project area because of lack of a suitable habitat. Due to variations in findings by different researchers atvarious times, these species are included as potential Threatened and Endangered Species by other researchers (Dunham 1995, Risberg 1995) and are indicated in table 4-12.
K.2 AFFECTED ENVIRONMENT
The proposed DARHT project is located at LANL's TA-15, Area 3, in the central portion of LANL (see figure 4-1). Habitat in the proposed area is potentially suitable for 11 federal or state protected species.
K.2.1 Threatened, Endangered, and Sensitive Animal Species
Several threatened, endangered, or sensitive species inhabit, or potentially inhabit, the proposed DARHT area. Federal candidate species previously found (Dunham 1995), and thus having a high potential for inhabiting the area, include four species of bats; the long-eared myotis, fringed myotis, long-legged myotis, and Yuma myotis (see table 4-12). The state endangered, federal candidate wildlife that have a low potential for inhabiting the area are the spotted bat, New Mexican jumping mouse, and the Jemez Mountains salamander. The federal candidate species that has a moderate potential for inhabiting the area is the northern goshawk. The peregrine falcon is a federal and state endangered species that has a low potential for occurrence.
As stated, the federally threatened Mexican spotted owl has been observed within 2 mi (3.2 km) of the proposed DARHT site. A nesting site has been confirmed to be greater than 0.25 mi (0.4 km) from the construction site. Additional suitable nesting habitat lies within 0.25 mi (0.4 km) of the proposed area, and all of the area within 0.5 mi (0.8 km) of DARHT is suitable foraging habitat.
K.2.2 Other Protected Animal Species
There are confirmed nesting sites and hunting areas for two raptors: the red-tailed hawk, and Cooper's hawk in the general TA-15 area. Other species, such as the American kestrel, the flammulated owl, and the great-horned owl are known to use the area. All these birds are protected by the Migratory Bird Treaty Act and New Mexico Statutes Annotated, Chapter 17-2-14.
K.2.3 Threatened, Endangered, and Sensitive Plant Species
No rare, threatened, or endangered plant species have been found; however, it was determined that the checker lily and wood lily, both state endangered, could occur in the area because the habitat is suitable.
K.3 POTENTIAL IMPACTS
The following sections describe potential construction and operation impacts on the threatened and endangered species in the DARHT area.
K.3.1 Potential Construction Impacts
The biological assessment describes construction and operation impacts or protected species in the DARHT area.
Construction of the DARHT Facility has led to the loss of 7 ac (2.8 ha) of ponderosa pine/piñon-juniper habitat. This vegetation removal has resulted in minimal loss of foraging habitat and without mitigation could result in erosion on the mesa top and possibly into the adjacent canyon bottoms. Erosion control measures are in place to prevent slope disturbance during construction activities. Permanent erosion control measures will be implemented. Under the Enhanced Containment Alternative, an additional 1 ac (0.4 ha) of habitat would be altered due to construction of the vessel cleanout facility.
Construction noise and lighting could also disturb potential nesting and foraging habitats for a variety of species from several trophic levels. Noise from vehicular traffic and construction equipment could lead to both temporary and possibly permanent avoidance of the area by some wildlife species. Lighting would be used during some phases of construction, which could possibly increase predation on certain wildlife species during the breeding season or act as an artificial attractant to others.
The species that could potentially be most affected by construction activities would be the Mexican spotted owl. Foraging habitat has been diminished by DARHT construction, but this habitat loss is insignificant when compared to the existing overall foraging range. Excessive noise, above expected values, during the breeding and nesting season (March 1 to August 31) could disturb any nesting owls nearby, possibly causing nest failure, and could discourage future colonization of the area by the owls. Maximum noise levels from construction at the site would translate into a noise level of 41 dBA in the Mexican spotted owl habitat. These noise levels are well within the normal background levels in this canyon system. Therefore, the noise associated with construction of the facility would not likely adversely affect the Mexican spotted owl. The northern goshawk, if present, could also be disturbed by excessive noise during the mating and nesting season, which could lead to nest abandonment and nest failure.
Although no spotted bats, Jemez Mountains Salamanders, or New Mexican jumping mice have been identified in the DARHT project area, suitable canyon habitat exists for these species nearby. It is unlikely that completion of the project would adversely affect these habitats. Soil erosion could affect nearby streams or water sources, thus affecting potential foraging areas and habitat.
No suitable nesting habitat for the peregrine falcon exists within the range of the proposed DARHT Facility. Previous removal of 7 ac (2.8 ha) of foraging habitat has occurred, but this is very small compared to the total foraging area available to the peregrine falcon. Future DARHT construction activities would have little adverse effect on the peregrine falcon habitat.
Because most of the groundbreaking activities and tree removal have already occurred, future construction at the DARHT site would not be expected to cause any significant impacts to plants, unless vehicles are driven off established roads and large staging areas are situated in undisturbed habitat.
The many construction activities at LANL have caused significant changes in the land use of many wildlife species. If completed, a fence around the DARHT perimeter may segregate an area on the mesa top, possibly cutting off daily and/or seasonal travel corridors to wintering areas, breeding habitat, foraginghabitat, bedding areas, and other necessary travel corridors. Construction may also disturb other nesting bird species in the DARHT project area.
K.3.2 Potential Operational Impacts
The DARHT project could have an increased cumulative impact when added to the disturbance from existing projects in the surrounding area. Operation would consist mainly of small amounts of time with a great deal of activity and then long periods of time with little activity. The activities at the facility would include vehicles used to set up an experiment (e.g. delivery trucks and cranes for larger experiments) and office building activity (e.g. normal vehicle traffic).
The only threatened, endangered, or sensitive species potentially affected by DARHT operations would be the Mexican spotted owl. Noise from nighttime activity could cause a greater impact at the proposed DARHT Facility than the same noise level generated during the day. Noise from an experiment would be comparable to the sound of thunder, approximately 80 dbA at 0.25 mi (0.4 km). All the secondary activity associated with an experiment would make less noise than that generated by construction. Additionally, the current experiments in the area seem to have little effect on the current success of the Mexican spotted owl habitat.
Two other impacts are possible as a result of DARHT operations. First, an increase in light pollution from outdoor lighting at the facility could decrease nighttime Mexican spotted owl prey activity and availability. The second impact is the possibility of an owl being hit by flying debris or fragments from a test event. The probability of a hit is approximately 1/8,500 shots at 600 ft (183 m) from the firing point, 1/600,000 at 800 ft (245 m), and 1/10 million at 1,200 ft (365 m).
Operation of the proposed DARHT Facility would not be expected to affect vegetation, but could possibly change any established migration corridors and foraging areas of deer, elk, mountain lion, black bear, bobcat, and various bird species.
Contaminants that could result from operation of the DARHT Facility might potentially affect both threatened and nonthreatened wildlife species through a number of pathways. Radionuclides adsorb to soils and sediments; aerial redistribution could transport radionuclides, or erosional processes might move the radionuclide-contaminated soils from slopes to stream channels by surface water runoff. Fragments could affect wildlife, both directly (by being hit by an exploded fragment) and indirectly (by being exposed to any radiological contamination from the fragments).
K.4 MITIGATION
This section describes the mitigation measures that have been implemented or would be implemented if the proposed DARHT Facility were to be completed and operated. Mitigation measures include a Storm Water Pollution Prevention Plan (SWPPP) for the facility which was implemented before construction activities commenced. The plan includes measures for erosion control (temporary and permanent), sedimentation control, surface restoration and revegetation, storm water attenuation in paved and unpaved areas, and a Best Management Plan. The Best Management Plan includes good housekeeping practices,minimization of fuel and oil spills, and control of stored materials and soil stockpiles. All storm water pollution prevention mitigations will be maintained until the site is fully recovered.
K.4.1 Threatened, Endangered, and Sensitive Species
The DOE, through LANL's Environmental Safety and Health Division (ESH) would develop a LANL-wide Habitat Management Plan for all threatened and endangered species occurring on LANL property. This plan would be used to determine the combined effects of the many projects that occur at LANL and provide long-range planning information for all future projects. Any proposed action at LANL that may affect a threatened, endangered, or sensitive species or its habitat would be coordinated with the USFWS. In the event of an emergency (e.g. a fire, flood, or storm), LANL would not need to formally consult with USFWS before responding to the incident. Instead, action may be taken immediately to control or contain the emergency and then LANL would contact USFWS as soon as reasonably possible [50 CFR 402.05].
The mitigation measures described in the following sections will be used to protect the habitat of threatened, endangered, or sensitive species and other wildlife and may become part of the Mitigation Action Plan supporting the NEPA Record of Decision for the DARHT Facility.
K.4.1.1 Mexican Spotted Owl
Part of the LANL-wide Habitat Management Plan would provide for long-term monitoring by the ecological studies team of Mexican spotted owl habitat in Potrillo, Valle, and Fish-ladder canyons, and would include sample collection (e.g., sound levels, soils, plants, small mammals, and owl pellets) for monitoring possible contaminant loading of the ecosystem. The plan would also provide long-term monitoring of Mexican spotted owl reproduction.
Minimal impact to the Mexican spotted owl is expected from construction or operation activities at the proposed DARHT Facility, even if a nest is located within 0.25 mi (0.4 km) of the facility. The following mitigation measures would be necessary to ensure no adverse impacts result from construction activities.
· The LANL ecological studies team must be contacted prior to any new removal of mature trees (live or snag) to determine the potential impact to nesting Mexican spotted owls. If no impact is determined, the tree removal will be allowed. If impacts are thought likely to occur, the proposed tree removal must be postponed until the following breeding season (March 1 to August 31).
· No additional habitat will be disturbed within 0.25 mi (0.4 km) of known Mexican spotted owl nesting habitat.
· Construction light sources will be arranged so that light is not directed toward the canyons, or is shielded, during the breeding season (March 1 to August 31).
· Construction noise associated with the facility will be restricted as much as possible at night.
· Noise from construction equipment will be kept as quiet as possible so as not to disturb normal Mexican spotted owl activities and will be directed away from the canyons as much as possible.
· Equipment associated with construction will remain at least 25 ft (8 m) from the surrounding canyon edges during the breeding season (March 1 to August 31).
· Construction personnel will not be allowed beyond the canyon edges.
· Flowchecks will be constructed to slow the rate of any water (e.g. storm water or construction water) released in the canyons originating from the facility; and native vegetation will be planted, as appropriate, to prevent erosion associated with this water release.
· Native trees will be planted, as appropriate, along roads, disturbed canyon edges, and the edges of parking lots.
· A warning siren will be placed on the mesa side of the facility.
· Construction equipment will be well maintained and kept as quiet as reasonably possible.
Each year the LANL ecological studies team would conduct a Mexican spotted owl survey to determine any owl nesting activity in the area. Once a known nest location is determined, this information would be used to evaluate any proposed nighttime shot activity at DARHT.
The following mitigation measures are necessary to ensure no adverse impacts result from operational activities.
· Lights used during shot setup will be directed away or shielded from the canyons.
· Operational and setup noise (e.g., air conditioning cooling fans and electrical generators) will be kept at a minimal level at night, so as not to disturb normal Mexican spotted owl activities, and will be directed away or shielded from the canyons as much as possible.
· Night shots will be conducted during the breeding season (March 1 to August 31), only if the nest is located more than 0.25 (0.4 km) from the proposed facility; a limited number of night shots (no more than one per month) would then be permitted during the breeding season.
· Equipment associated with the facility operations will remain at least 25 ft (8 m) from the surrounding canyon edge.
· Operations personnel will be restricted to the mesa top and will not be allowed beyond the canyon edges, except as allowed by the LANL ecological studies team for specific fragment removal operations.
· Flowchecks will be maintained to slow the rate of the released water in the canyons originating from the facility.
· Water flow from the facility will be monitored to ensure compliance with permitted outfalls.
· Glass plates or other shielding material will be used during large uncontained shots to break up fragments, buffer noise, and limit contaminant release to the Mexican spotted owl habitat.
· Operational equipment will be well maintained and kept as quiet as reasonably possible.
· The LANL ecological studies team must be notified in order to conduct an owl survey, prior to conducting any activities, such as fragment removal in or on the slopes of canyons used by the Mexican spotted owl. If no nesting Mexican spotted owls are found, the activity will be allowed; if a nest is found, the activity will not be allowed until after the breeding season (March 1 to August 31).
K.4.1.2 Northern Goshawk
To preserve goshawk habitat, the following mitigation measures are necessary.
· The LANL ecological studies team must be contacted prior to any new removal of trees (live or snag) to determine impact to the nesting and foraging habitat of the northern goshawk. The vegetation, such as shrubs and grasses, in the canyons and on the mesa top surrounding the facility will be preserved.
· The LANL ecological studies team will provide long-term monitoring of potential goshawk habitat in Potrillo and Valle canyons.
K.4.1.3 Spotted Bat
To protect suitable bat habitat, the following mitigation measure is necessary.
· The ecological studies team must be notified to conduct a survey, prior to any activities that would disturb the slopes of Potrillo, Valle, or Water canyons. If no spotted bats are found, the activity will be allowed; if a spotted bat is found, the activity will not be allowed until after the breeding season.
K.4.1.4. New Mexican Jumping Mouse
To protect the habitat of the New Mexican jumping mouse, the following mitigation measure is necessary.
· The LANL ecological studies team must be notified to conduct a habitat evaluation, prior to any activities that would disturb the canyon bottoms of Potrillo, Valle, or Water canyons. If no meadow jumping mice are found, the activity will be allowed; if a New Mexican jumping mouse is found, the activity will not be allowed until after the time of their highest activity (June to July).
K.4.1.5 Jemez Mountains Salamander
To protect the habitat of the Jemez Mountains salamander, the following mitigation measures are necessary.
· The LANL ecological studies team must be notified to conduct a survey, prior to any activities that would disturb the slopes of Potrillo, Valle, or Water canyons. If no Jemez Mountains salamanders are found, the activity will be allowed; if a Jemez Mountains salamander is found, the activity will not be allowed during the time of their highest activity (June to September).
· The LANL ecological studies team must be contacted prior to any removal of trees (live, snag, or downed log) at the DARHT site to determine the impact to Jemez Mountains salamander habitat. If no Jemez Mountains salamander habitat is found, the activity will be allowed; if a Jemez Mountains salamander is found, the activity will not be allowed during the time of their highest activity (June to September).
K.4.1.6 Peregrine Falcon
To protect the habitat of the peregrine falcon, the following mitigation measures are necessary.
· The LANL ecological studies team must be contacted prior to any removal of trees (live or snag) at the DARHT site to determine impact to peregrine falcon foraging habitat. If no peregrine falcons are found, the activity will be allowed; if a peregrine falcon is found, the activity will not be allowed until after the breeding season (March to September).
· The ecological studies team must be notified to conduct a survey, prior to any activities that would disturb the slopes of Potrillo, Valle, or Water canyons. If no peregrine falcons are found nesting, the activity will be allowed; if a peregrine falcon nest is found, the activity will not be allowed until after the breeding season (March to September).
K.4.2 Nonprotected Species
The following sections describe mitigation measures that would be used to minimize adverse impacts to nonprotected plants and wildlife.
K.4.2.1 Plants
Because most groundbreaking and tree removal at the DARHT site is already complete, additional damage to plants would be minimal. Measures have been taken and will continue to be implemented to minimize future erosion. In general, workers must avoid off-road activity and stay within approved right-of-ways except during cleanup procedures. Any proposed activities requiring the disturbance of mature trees and shrubs or new groundbreaking must first be approved by the LANL ecological studies team. The ecological studies team will review all new sites, evaluate any proposed impacts associated with the action, and provide mitigation measures to minimize potential impacts. Revegetation, as addressed in the SWPPP, would be required so that the loss of vegetation would not initiate or increase erosion.
In addition to the mitigation measures, the size of a vegetation buffer zone between the facilities and the edges of the mesa tops will be determined by the LANL ecological studies team based on topographic aspects and vegetation composition; this is to prevent runoff from eroding adjacent canyons.
K.4.2.2 Wildlife
Temporary fencing is currently in place surrounding the DARHT Facility. Any future installation of impenetrable security fencing could possibly affect wildlife movements; project managers must consult with the LANL ecological studies team to minimize effects on large mammal and predator species movements. The ecological studies team will provide site-specific measures regarding the construction of fences and other barriers to facilitate the movement of wildlife, as appropriate.
In addition to the committed SWPPP mitigation measures, personnel would avoid cutting any standing tree (live or snag) unless the LANL ecological studies team has given approval.
K.4.3 Contaminants
To monitor for expected contaminant releases, the LANL ecological studies team will perform the following activities.
· During the construction phase of the facility, baseline data will be collected on any contaminants present at the facility and in the surrounding areas from soils, plants, mammals, birds, and roadkill, as well as at a control site away from the DARHT Facility.
· Once the facility is operational, the ecological studies team will monitor contaminants by sampling soils, plants, mammals, birds, and roadkill at the above mentioned locations once per year, or as appropriate.
K.5 REFERENCE CITED IN APPENDIX K
Keller, D.C., and D. Risberg, 1995, Draft Biological and Floodplain/Wetland Assessment for the Dual-Axis Radiographic Hydrodynamic Test (DARHT) Facility, July, LAUR-95-647, Los Alamos National Laboratory, Los Alamos, New Mexico.
containment K-3
contaminant K-5, K-6, K-9
contaminants K-4, K-9
cumulative impact K-4
endangered species K-1, K-2, K-5
firing point K-4
habitat K-1, K-2, K-3, K-4, K-5, K-6, K-7, K-8
habitats K-1, K-3
hydrodynamic test K-9
Mexican spotted owl K-1, K-2, K-3, K-4, K-5, K-6
Mexican spotted owls K-5, K-6
mitigation K-1, K-3, K-4, K-5, K-6, K-7, K-8
monitoring K-5, K-7
noise K-3, K-4, K-5, K-6
secondary K-4
soil K-3, K-5
soils K-4, K-5, K-9
surface water K-4
threatened and endangered species K-1, K-2, K-5
threatened species K-1
wetland K-9
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