East Boulder Creek Minerals Exploration

11262013 Fisheries BA/BE East Boulder Creek Minerals Exploration East Boulder Creek Minerals Exploration Biological Assessment for Snake River Spring/Summer Chinook Salmon, Snake River Sockeye Salmon, Snake River Basin Steelhead, and Columbia River Bull Trout and Biological Evaluation for Westslope Cutthroat Trout Salmon-Cobalt Ranger District Salmon-Challis National Forest Lemhi County, Idaho Prepared by: Robert W. Rose Salmon-Challis National Forest Fishery Biologist Date: November 26, 2013 1

Table of Contents 1.0 Introduction and Background...3 1.1 Project Location... 3 1.2 Purpose of this Document... 3 2.0 Project Description...3 2.1 Project Activities... 3 2.2 Monitoring... 9 2.3 Project Schedule and Duration... 12 4.0 Fish Species with Special Status...12 5.0 Fish Resource Issues...15 6.0 Analysis of Effects...15 6.1 Dichotomous Key of Effects to Listed Species and Aquatic Habitats... 15 6.2 Interdependent Actions... 17 6.3 Interrelated Actions... 18 6.4 Cumulative Effects... 18 7.0 Determination of Effects...18 8.0 Rationale for the Determinations...19 9.0 Monitoring...19 10.0 References...20 2

1.0 Introduction and Background 1.1 Project Location The project area is on National Forest System lands administered by the North Fork Ranger District. The legal description for the project area is T23N, R20E, Sections 6 and 7, Boise Prime Meridian, Lemhi County, Idaho. The project is located within the Middle Salmon-Panther Subbasin (Hydrologic Unit Code 17060203), Indian Creek-Salmon River Watershed (HUC 1706020307) and East Boulder Creek-Salmon River Subwatershed (HUC 170602030705) of the Salmon River Basin. 1.2 Purpose of this Document This biological assessment describes the proposed action and discusses the probable impacts of that action on listed species, designated critical habitat and essential fish habitat that may be affected. This biological assessment forms the basis for any necessary consultation with the Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively the Services ) pursuant to section 7 of the Endangered Species Act (ESA) of 1973 (as amended) and its implementing regulations. The regulations for consultation require the action agency to re-initiate consultation if certain triggers are met (50 CFR 402.16). Occasionally during the implementation of a proposed action, changes in circumstances, situations or information can raise the question as to whether those re-initiation thresholds have been reached. Should that situation occur the Salmon-Challis National Forest, will assess the changes and any potential impacts to listed species, review the re-initiation triggers, coordinate with Services for advice (if needed) and arrive at a determination whether re-initiation of consultation is necessary. This document will make a project affects analysis determination on Endangered Species Act listed fish species, Designated and Proposed Critical Habitat, and Essential Fish Habitat. This document will also make a project affects analysis determination on the Region 4 Regional Forester s designated sensitive fish species. This fisheries analysis is specific to the proposed action and those activities associated with proposed action as written and described below. 2.0 Project Description 2.1 Project Activities Project Overview Brian Stephens of Everett Washington has submitted a plan of operations to conduct mineral exploration activities on National Forest (NF) lands administered by the Salmon-Cobalt Ranger District of the Salmon-Challis National Forest. The operator proposes to drill auger holes and dig trenches in order to test for placer gold in the upper reaches of East Boulder Creek. East Boulder Creek is a tributary of the mainstem Salmon River which enters the river approximately 11 miles west of North Fork, Idaho. The proposed activities will occur approximately five miles upstream from the mouth of the stream. Legal description for the area is T23N, R20E, Sections 6 and 7, Boise Prime Meridian, Lemhi County, Idaho (Figure 1). 3

Figure 1. East Boulder Creek Minerals Exploration Project Area 4

Location The Operators proposal is located along a one quarter mile section of East Boulder Creek adjacent to the East Boulder Creek Road (60023). Placer mining occurred here from the late 1800 s through the early 1990 s. The Operators proposal lies entirely within an area that has had past placer mining (Figure 2). Figure 2. East Boulder Creek Minerals Exploration Project Area Access and Impact Area 5

Access Access to the drill sites will be via existing roads. The proposal is approximately 400 feet south of the East Boulder Creek road (023), an open permanent Forest Service road. A closed two-track non-system road lies immediately to the west of this stream section. This road was the original access route to the placer claims. Project Description The Operators proposal is located along an eighth mile section of East Boulder Creek (Figure 3). Placer mining occurred in East Boulder Creek drainage from the late 1800 s through the early 1990 s. It is estimated that placer mining in the project area last occurred in the 1940 s. While the area has been previously mined it has self-rehabilitated and appears natural to the casual observer. The proposed exploration area is located on the west side of East Boulder Creek. In order to reach the test area the operator has proposed utilizing an undesignated route that traverses the East Boulder Creek Meadows for approximately.5 miles. During exploration the operator has proposed utilizing an ATV on a daily basis in order to travel from his camp to the testing site. In order to accomplish the proposed trenching, a large-sized Bobcat excavator (or small sized regular excavator) would be utilized. (Figure 4) The excavator would be walked into the testing area only once and would stay on-site until all bridge construction, drilling and trenching was complete. The excavator would also be used for drilling as an auger would be mounted on the boom. In order to reach the testing site both the East Fork and West Fork of Boulder Creek must be crossed. The Operator has proposed installing two temporary native log bridges constructed from beetle-killed lodge pole pine. If any wet spots are encountered the operator has proposed to span them by installing a log corduroy in order to prevent rutting. Approximately 50 auger holes will be drilled to a depth of 15 to 20 feet. Drilling will be accomplished by mounting an auger to the excavator boom. In addition to the auger holes, four trenches will be dug in order to obtain a slightly larger sample. The trenching is necessary since it is unknown how efficient the auger will be in obtaining core samples. Trenches will be approximately 10 to 15 feet long and no deeper than 20 feet. During excavation, topsoil, overburden and potential pay gravel will be stockpiled separately next to the trench. Stratified sampling will be conducted in order to determine ore grade by depth. Two foot stratified samples obtained by the auger will be contained by a catch pan (Figure 5) and transported to the wash plant in a 5-gallon bucket. Samples from the auger holes and trenches will be split with one portion being sent off for assay and analysis and the other portion being washed onsite with a summit mining 10 inch pro gold trammel (Figure 6). 6

Figure 3. East Boulder Creek Minerals Exploration Area 7

Figure 4. Bobcat Excavator Figure 5. Sample Catch Pan Figure 6. Mini Trammel 8

Water for washing operations with the trammel will be obtained by pumping from East Boulder Creek. The operator will obtain legal right for the water for the operation by applying for a temporary water right from the Idaho Department of Water Resources. The operator has estimated that his maximum daily water consumption would be 20 gallons per minute for 2.5 hours per day or 3000 gallons per day for two days a week. Process water will be drained to existing settling ponds that remain from previous mining. The operational time includes an estimate for letting water settle prior to releasing it through a hose and letting it dissipate and be filtered by naturally occurring vegetation. The operator has proposed camping where Forest Road 60023 crosses East Boulder Creek. The proposed area is an old elk camp that has been cleared and contains minor improvements such as a fire ring, wood table and vehicle turn-around. The operator would stay in a tent or trailer. If a tent is used the operator has proposed to seasonally install a porta-potty. If a trailer is used the operator will dispose of trailer holding tank contents when necessary at an offsite facility. A bond will be required to ensure complete reclamation of the site. This includes plugging auger holes with a two foot cap of auger cuttings, area cleanup, and stabilization and seeding of the site if necessary. Trenches will be backfilled and reshaped to match the surrounding topography. Terms and Conditions The Forest Service developed the following standard and site-specific terms and conditions to address resource concerns. These are deemed reasonable and necessary additions to minimize the potential for adverse environmental impacts from the planned operations, per regulations at 36 CFR 228.8. Further, these are primarily general USFS requirements for ground-disturbing activities and/or approved mining operations or are mining-industry-standard practices that simply were not deemed necessary to enumerate in the Plan by the operator. Formal incorporation of these additions to the Plan of Operations will be a condition for Forest Service approval. 1. The operator would furnish an acceptable financial instrument in the amount calculated to insure the costs of reclamation, prior to receiving approval to commence operations. Among other things the bond will include provisions for the monitoring and treatment of noxious weeds. 2. Operator shall furnish proof of compliance (or ability to comply) with any applicable regulations administered by other State, Federal or local jurisdictions. 3. The operator will notify the Forest Service (FS) a minimum of three days in advance prior to commencing ground disturbing activities. Prior to commencing activities, the FS Administrator, the operator and the construction supervisor shall review the road location and discuss which BMP s are necessary. 4. The normal operating season would be June 1 through October 31. Operations outside of this time period would require authorization by the Forest Service after consideration of site and weather conditions and any proposed mitigation. 5. All surface-disturbing activities and operations would be supervised by a company representative in possession of, and familiar with the terms and conditions of the Plan. In addition a Forest Service minerals administrator would provide oversight to ensure compliance with the plan. 9

6. The operator would be required to remove all mud, dirt, and organic materials from all vehicles and equipment (with particular attention to undercarriages) and make these available for inspection by Forest Service personnel prior to mobilizing onto National Forest System lands. 7. No hazardous materials would be stored on the Forest. For any activities requiring the use of roads on NF lands the operator will maintain a spill response kits. Any spills requiring containment, cleanup and/or removal actions would be reported to the District Ranger and appropriate regulatory agencies, as required. 8. Adequate fire protection required would include at least one handheld implement (shovels and axes) per person and one fire extinguisher per vehicle or piece of motorized equipment. 9. All motorized equipment would have working mufflers and spark arrestors. Electrical equipment must be properly insulated. Vehicles with catalytic converters would be parked in clear areas to avoid igniting potential ground fuels. 11. All National Forest lands would be maintained in a safe, neat, and workmanlike manner. All solid wastes (trash, garbage, refuse, etc.) would be contained and removed periodically for proper off-site disposal. No burning of refuse or waste would be permitted. 12. All surface-disturbing operations would immediately cease in the event that archaeological, cultural, paleontological or threatened/endangered or sensitive resources are unearthed or discovered and the District Ranger or authorized representative notified of the discovery. Operations may resume upon Forest Service and/or State clearance and approval. 13. Should an active TES den/nest be found in or near the project area, the USFWS would be notified and appropriate mitigation measures as determined by the USFS and the USFWS would be implemented to avoid disturbance to and/or abandonment of the den, if necessary. Should an active sensitive species den/nest be found in or near the project area, appropriate mitigation measures determined by the USFS would be implemented to avoid disturbance to and/or abandonments of the den, if necessary. 14. The Operator would sign the area on the south side of where FS Rd. 60023 crosses East Boulder Creek notifying area visitors that exploration is occurring in the area. 15. The Operator will dispose of camper holding tank contents when necessary at an off-forest facility. 16. The bridges will be constructed so as to be above the stream s high water mark and not impact the stream banks. 17. Dead trees would be used for constructing the bridge and would be designated by the Forest Service administrator. Refueling of the ATV will occur at a location designated by the Forest Service on FS Rd. 60023. This location would be selected to minimize the potential for petroleum products to enter the stream. No hazardous materials would be stored on the project site. Any extra fuel for the ATV of excavator would be kept an approved container that will be placed on an impermeable liner capable of containing their entire volume of fuel, oil, etc. 10

18. The Operator will be required to install straw wattles around the streamside edge of the test trench. 19. The FS Minerals Administrator will visually inspect the trench for the potential presence of mercury prior to commencing washing operations, and periodically throughout the operating season. If mercury is observed, operations will immediately cease. Operations may be allowed to resume following consultation with IDEQ and implementation of any mitigation stipulated by the regulatory agencies. 20. Water from the settling ponds will not be allowed to overtop the impoundments. If the ponds do not subside the water would be pumped to locations designated by the Forest where it could be filtered by existing vegetation and go subsurface 21. The Operator would be required to plug auger holes with a one? foot cap of auger cuttings, backfill and reshape the trenches and settling ponds (if necessary). At the end of the operating season, the Operator will be required to seed any current disturbance with the approved mix described in the bond document. He would also cover any exposed soils with certified weed-free straw mulch. A comprehensive list of mitigation measures that would be required as modifications of the Operator's plan are contained in the Forest Land and Resource Management Plan (FLRMP) (IV-51 item la and Appendix C VII-C-pg. 1-14). They are the standards and guidelines for locatable minerals operations that occur on the Forest, and are located in project record. 2.2 Monitoring Information gathered before, during and after implementation of activities is used to determine the effectiveness of the project s design and associated design features. This establishes a feedback mechanism so management can develop and employ an adaptive learning curve. Monitoring is done at recurring intervals as a basis for Forest Plan implementation. Project effectiveness monitoring is done by routine of sampling specific projects at specified time intervals. In accordance with the FS minerals regulations that require compliance inspections, and based on potential effects, the interdisciplinary team developed the following monitoring requirements to minimize the project s potential adverse effects. The FS Minerals Administrator would monitor the operation to ensure that the project is completed as designed. During active mining operations, seepage and turbidity will be visually monitored by the Operator and periodically measured by the Forest Service. If visible turbidity generated by project operations is observed in East Boulder Creek, mining operations will cease immediately until they can be modified to prevent sediment delivery to the stream. All soil-disturbed sites associated with project activities will be monitored for the establishment and/or spread of noxious weeds. All new noxious weed infestations found at the project site 11

would be treated for eradication by a licensed pesticide applicator as described in the bond document. There is no management-required fisheries monitoring associated with this proposed project. 2.3 Project Schedule and Duration Operations are proposed for start-up during the summer of 2014. The time frame for drilling may change depending on when the exploration plans are approved. The normal operating season would be June 15 through October 31. Operations outside of this time period would require authorization by the Forest Service after consideration of site conditions and any proposed mitigation. 3.0 ESA Action Area Description The ESA Action Area is defined as all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR 402.02). This is the area where the action and any interdependent and interrelated actions will result in direct, indirect or cumulative affects to listed species or designated critical habitat. This project s ESA Action Area is defined as the area of ground disturbance an associated construction support activity at the project sites within Sections 6 and 7, T23N, R20E. The ESA Action Area is located within the East Boulder Creek drainage, and is displayed in Figure 1. 4.0 Fish Species with Special Status Endangered Species Act (ESA) Listed species Federally listed or proposed listed fish species occurring within the Salmon-Challis NF administered boundaries include: Snake River sockeye salmon (Oncorhynchus nerka) (Endangered) (Federal Register 56FR58619) Snake River spring/summer Chinook salmon (Oncorhynchus tshawytscha) (Threatened) (Federal Register 57FR14653) Snake River steelhead (Oncorhynchus mykiss) (Threatened) (Federal Register 62FR43937) Upper Columbia River bull trout (Salvelinus confluentus) (Threatened) (Federal Register 63FR31647) The National Marine Fisheries Service s Northwest Regional Office website (http://www.nwr.noaa.gov/publications/protected_species/salmon_steelhead/status_of_esa_salmon_listi ngs_and_ch_designations_map.pdf) identifies three ESA listed fish species as occurring on lands administered by the Salmon-Challis National Forest: Snake River Sockeye Salmon (Endangered) (Federal Register 56FR58619) 12

Snake River Spring/Summer Chinook Salmon (Threatened) (Federal Register 57FR14653) Snake River Steelhead (Threatened) (Federal Register 62FR43937) The current semi-annual Species List issued by the U.S. Fish and Wildlife issued March 4, 2013 identifies one ESA listed fish species as occurring on and adjacent to the Salmon-Challis National Forest: Bull Trout (Threatened) (Federal Register 63FR31647) Salmon-Challis National Forest fisheries survey crews identified westslope cutthroat trout as the only species present in the East Boulder Meadow area of East Boulder Creek during 2012 electroshocking operations (SCNF, 2013) Essential Fish Habitat (EFH) National Marine Fisheries Service (NMFS) updated the designated essential fish habitat in the Federal Register on January 17, 2002 (67 FR 2343). The regulations establish coordination and consultation procedures between NMFS and federal agencies to protect habitats identified as EFH. The EFH designation only applies to commercial fish species. There are no commercial fish species within the ESA Action Area. Critical Habitat Designations (CH) Snake River sockeye salmon - NMFS designated critical habitat for the Snake River sockeye salmon on December 28, 1993, effective January 27, 1994 in the Federal Register (Volume 58, 68543). Critical Habitat is designated to include river reaches presently or historically accessible. There is no Snake River Basin sockeye salmon designated critical habitat within the ESA Action Area. Snake River spring/summer Chinook salmon - NMFS designated Critical Habitat for the Snake River spring/summer Chinook salmon on December 28, 1993, effective January 27, 1994 in the Federal Register (Volume 58, 68543). This was revised on October 25, 1999 (64 FR 57399). Critical habitat is designated to include river reaches presently or historically accessible. While Chinook salmon and other juvenile salmonids do not occupy the lowermost reach of East Boulder Creek at its confluence with the Salmon River for summer thermal refuge, the upper portions of this stream are located above a three mile length of steep river break step-cascade reaches and not accessible to either adult or juvenile Chinook Salmon. Therefore, the upper reaches of East Boulder Creek within the project area are not considered to support Critical Habitat for Snake River spring/summer Chinook salmon. Snake River Basin steelhead - NMFS designated Critical Habitat for Snake River Basin steelhead on September 2, 2005 (70 FR 52630). Critical habitat is designated as shown on maps included in the Federal Register. Designated Critical Habitat includes the stream channel, with a lateral extent as defined by the ordinary high-water line; the bankfull elevation is used in areas where ordinary high-water line has not been defined. There is no designated critical habitat for Snake River Basin steelhead within the ESA Action Area. Bull trout The US Fish and Wildlife Service designated Critical Habitat for Upper Columbia River bull trout on October 10, 2010 (Federal Register 75FR65044). There is no designated Critical Habitat for Columbia River bull trout within the ESA Action Area. 13

Region 4 Sensitive Fish Species The USDA Forest Service Region 4 lists one aquatic vertebrate that may occur, potentially could occur, or may have habitat for the species, which occur on the Salmon-Challis NF and within the project s Fisheries Analysis Area as a sensitive species. This species is the westslope cutthroat trout (Oncorhynchus clarki lewisi). Salmon-Challis National Forest fisheries electrofishing survey crews have identified the presence of westslope cutthroat trout within East Boulder Creek (SCNF, 2013). Table 1 - TEP&S Fish Species that Occur on the Salmon-Challis National Forest COMMON NAME SCIENTIFIC NAME STATUS Snake River sockeye salmon Oncorhynchus nerka ENDANGERED Snake River spring/summer Chinook salmon Oncorhynchus tshawytscha THREATENED Snake River Basin Steelhead Oncorhynchus mykiss THREATENED Upper Columbia River bull Salvelinus confluentus THREATENED trout westslope cutthroat trout Oncorhynchus clarki lewisi R4 SENSITIVE Table 2 - TEP&S Fish Species Presence/Absence within ESA Action Area TEP&S Fish Species Snake River sockeye salmon Snake River spring/summer Chinook salmon Snake River Basin steelhead Upper Columbia River bull trout Westslope cutthroat trout Habitat Present Habitat Absent Species Present Species Absent X X X X X X X X X 14

Table 3 - TEPS Fish Species Known or Suspected Habitat Use Patterns within the ESA Action Area Presence / Adult Juvenile Species Stream Absence Spawning Overwinter Rearing Migration Snake River Sockeye Salmon Snake River Spring/Summer Chinook Salmon Snake River Basin Steelhead Upper Columbia River Bull Trout Westslope Cutthroat Trout East Boulder Creek No No No No No East Boulder Creek No No No No No East Boulder Creek No No No No No East Boulder Creek No No No No No East Boulder Creek Yes Yes Yes Yes No 5.0 Fish Resource Issues The ESA Action Area does not currently support the presence of ESA listed fish species or their respective Designated Critical Habitats, nor has it been historically accessible to TE&S species due to the downstream presence of a three mile migration barrier of high stream gradients within a zone of steep and over steepened canyon lands, otherwise known as river breaks. Regionally sensitive westslope cutthroat trout are present in East Boulder Creek within the Fisheries Analysis Area. 6.0 Analysis of Effects 6.1 Dichotomous Key of Effects to Listed Species and Aquatic Habitats Snake River Spring/Summer Chinook Salmon 1. Does the authorizing agency have discretionary authority to grant, modify, or amend provisions of the use authorization(s)? Yes/No 2. Are there naturally reproducing species listed or proposed for listing present at any time of the year in riverine habitat directly or indirectly affected by the actions? Yes/No If "Yes", continue with question #3 through #11. If "No", document the "NO EFFECT" determination and the evaluation is completed. 15

Snake River Sockeye Salmon 1. Does the authorizing agency have discretionary authority to grant, modify, or amend provisions of the use authorization(s)? Yes/No 2. Are there naturally reproducing species listed or proposed for listing present at any time of the year in riverine habitat directly or indirectly affected by the actions? Yes/No If "Yes", continue with question #3 through #11. If "No", document the "NO EFFECT" determination and the evaluation is completed. Snake River Basin Steelhead 1. Does the authorizing agency have discretionary authority to grant, modify, or amend provisions of the use authorization(s)? Yes/No 2. Are there naturally reproducing species listed or proposed for listing present at any time of the year in riverine habitat directly or indirectly affected by the actions? Yes/No If "Yes", continue with question #3 through #11. If "No", document the "NO EFFECT" determination and the evaluation is completed. Upper Columbia River Bull Trout 1. Does the authorizing agency have discretionary authority to grant, modify, or amend provisions of the use authorization(s)? Yes/No 2. Are there naturally reproducing species listed or proposed for listing present at any time of the year in riverine habitat directly or indirectly affected by the actions? Yes/No If "Yes", continue with question #3 through #11. If "No", document the "NO EFFECT" determination and the evaluation is completed. 16

Westslope Cutthroat Trout 1. Does the authorizing agency have discretionary authority to grant, modify, or amend provisions of the use authorization(s)? Yes/No 2. Are there naturally reproducing species listed or proposed for listing present at any time of the year in riverine habitat directly or indirectly affected by the actions? Yes/No If "Yes", continue with question #3 through #11. If "No", document the "NO IMPACT" determination and the evaluation is completed. 3. Can the action change the existing input of Large Woody Debris (LWD) into occupied habitat? Yes/No/NA 4. Can the action affect stream morphology for occupied habitat? Yes/No/NA 5. Can the action affect properly functioning condition of the riparian area for occupied habitat? Yes/No/NA 6. Can the action affect water quality and/or quantity in occupied habitat? Yes/No/NA 7. Can the action affect the water flow regime/annual hydrography in occupied habitat? Yes/No/NA 8. Can the action affect juvenile or adult behavior related to survival or reproduction? Yes/No/NA 9. Will the action involve toxic and/or hazardous materials which may reach occupied habitat? Yes/No/NA 10. Can the action affect juvenile or adult access to habitat? Yes/No/NA 11. Can the action affect substrate material? Yes/No/NA A "No" responses to question #3-11 will result in a "NO IMPACT" finding and should be documented in the action file. A "Yes" to any of the questions #3-11, results in a "MAY IMPACT" determination; continue with questions #12-14. 12. Are the effects described in #3-11 inconsequential/temporary in nature? Yes/No/NA 13. Do the actions employ Best Management Practices (BMP's) designated to meet State water quality standards? Yes/No/NA 14. Is mitigation established that will preclude or reduce measurable effects on species and their habitat? Yes/No/NA "Yes" responses to #12-14 results in a " MAY IMPACT R4 sensitive westslope cutthroat trout individuals or their habitats in the short term, but will not contribute to a trend towards Federal listing or cause a loss of viability to the population or species determination. "No" responses to #12-14 results in a " MAY IMPACT R4 sensitive westslope cutthroat trout individuals or their habitats, and will contribute to a trend towards Federal listing or cause a loss of viability to the population or species determination. 17

6.2 Interdependent Actions Interdependent actions are actions that have no independent utility apart from the action under consideration (50 CFR 402.02). The Forest has not identified any interdependent actions associated with the proposed action. 6.3 Interrelated Actions Interrelated actions are actions that are part of a larger action and depend on the larger action for their justification (50 CFR 402.02). The Forest has not identified any interrelated actions associated with the proposed action. 6.4 Cumulative Effects The cumulative effects analysis area is defined as the East Boulder Creek drainage to its confluence with the Salmon River. There are no State lands located within the East Boulder Creek drainage below the ESA Action Area. There is a small parcel of private land at the mouth of East Boulder Creek with a small cabin which receives intermittent temporary occupancy. Ongoing activities associated with these lands include general recreation, and de minimus domestic water use. There are no known proposed new activities on this private land within the cumulative effects analysis area within the foreseeable future. Effects to fish and fish habitat within the ESA Action Area would not be influenced by ongoing actions conducted on State or private lands below the action area, and effects within the larger cumulative effects analysis area would be similar to those occurring under the ongoing actions on private land. 7.0 Determination of Effects It is my determination that the proposed East Boulder Creek Minerals Exploration Project s activities shall have NO EFFECT on federally listed endangered Snake River sockeye salmon, threatened Snake River spring/summer Chinook salmon, threatened steelhead, or threatened bull trout. It is my determination that the proposed East Boulder Creek Minerals Exploration Project s activities shall have NO EFFECT on Designated Critical Habitat for Snake River sockeye salmon, Snake River spring/summer Chinook salmon, Snake River Basin steelhead or Columbia River bull trout. It is my determination that the proposed East Boulder Creek Minerals Exploration Project s activities shall have NO EFFECT on Essential Fish Habitat for Chinook salmon. It is also my determination that the proposed East Boulder Creek Minerals Exploration Project s activities MAY IMPACT R4 sensitive westslope cutthroat trout individuals or their habitats in the short term, but will not contribute to a trend towards Federal listing or cause a loss of viability to the population or species. 18

TABLE 4 ESA EFFECTS DETERMINATION SUMMARY FOR EAST BOULDER CREEK MINERALS EXPLORATION ACTIVITIES Sockeye Salmon Chinook Salmon Steelhead Bull Trout Species Designated Critical Habitat Species Designated Critical Habitat Species Designated Critical Habitat Species Designated Critical Habitat Determination No Effect No Effect No Effect No Effect No Effect No Effect No Effect No Effect 8.0 Rationale for the Determinations In making the determinations of the effects of the proposed East Boulder Creek Mineral Exploration Project s activities the primary consideration for No Effect determinations for Snake River spring/summer Chinook salmon, Snake River sockeye salmon, Snake River Basin steelhead and Columbia River Bull Trout is the absence of these species or their designated critical habitats within the ESA Action Area. Proposed project activities, therefore, would have no effects on these species or their habitats. Adult and juvenile westslope cutthroat trout are present within the ESA Action Area. Proposed project activities would not have the potential to affect riparian function, stream morphology, or large woody debris, and, as designed, would have no measurable impact on water flow regimes, water quality, or stream substrates. Nor would they cause changes in habitat access opportunities or result in changes in adult or juvenile cutthroat trout behavior which could affect survival or reproduction at a level which would contribute to a trend towards Federal listing or cause a loss of viability to the population or species. 9.0 Monitoring There is no required fisheries monitoring associated with this Biological Assessment/Biological Evaluation. 19

10.0 References Salmon-Challis National Forest, 2013. SCNF North Zone Fisheries Department Fish Presence/Absence Files USDI, USFWS, 2013. US Fish and Wildlife Service Species List Update. March 4, 2013. The Listed, Proposed, and Candidate Species Designated and Proposed Critical Habitat in Idaho, includes bull trout and their Designated Critical Habitat in Lemhi County U.S. Office of the Federal Register. 1991. 56FR58619 - Endangered and Threatened Species; Endangered status for Snake River sockeye salmon. [See Fed Reg. November 20, 1991 (Vol.56, Number 225)]. Effective December 20, 1991. U.S. Office of the Federal Register. 1992. 57FR14653 - Endangered and Threatened Species; Threatened status for Snake River spring and summer Chinook salmon. [See Fed Reg. April 22, 1992 (Vol.57, Number 78)]. Effective May 22, 1992. U.S. Office of the Federal Register. 1993. 58FR68543 Sockeye Salmon and Chinook Salmon Critical Habitat designation) [See Fed Reg. December 28, 1993 (Vol.58, Number 247)]. Effective January 27, 1994. U.S. Office of the Federal Register. 1997. 62FR43937 - Endangered and Threatened Species; Threatened status for Snake River steelhead. [See 62 Fed Reg. August 18, 1997 (Vol.62, Number 159)]. Effective October 17, 1997. U.S. Office of the Federal Register. 1998. 63FR31647 - Endangered and Threatened Species; Threatened status for bull trout. [See Fed Reg. June 10, 1998 (Vol.63, Number 111)]. Effective July 10, 1998. U.S. Office of the Federal Register. 1999. 58FR68543 Designated Critical Habitat: Revision of Critical Habitat for Snake River Spring/Summer Chinook Salmon) [See Fed Reg. October 25, 1999 (Vol.64, Number 205)]. Effective November 24, 1999. U.S. Office of the Federal Register. 2002. 67FR2343 - Magnuson-Stevens Act Provisions; Essential Fish Habitat (EFH) [See Fed Reg. January 17, 2002 (Vol.67, Number 12)]. Effective February 19, 2002. U.S. Office of the Federal Register. 2005. 70FR52630 Endangered and Threatened Species; Designation of Critical Habitat for 12 Evolutionarily Significant Units of West Coast Salmon and Steelhead in Washington, Oregon, and Idaho [See Fed Reg. September 2, 2005 (Vol.70, Number 170)]. Effective January 2, 2006. U.S. Office of the Federal Register. 2005. 70FR56212 Bull Trout Critical Habitat designation) [See Fed Reg. September 26, 2005 (Vol.70, Number 185)]. Effective October 26, 2005. U.S. Office of the Federal Register. 2006. 71FR834 - Endangered and Threatened Species: Final Listing Determinations for 10 Distinct Population Segments of West Coast Steelhead. [See Fed Reg. January 5, 2006 (Vol.71, Number 3)]. Effective February 6, 2006. 20

U.S. Office of the Federal Register. 2011. 75FR65044 - Endangered and Threatened Wildlife and Plants; Revised Designation of Critical Habitat for Bull Trout in the Coterminous United States; Final Rule [See Fed Reg. October 10, 2010 (Vol.75, Number 200)]. Effective November 17, 2010. 21