1

Biological Assessment for the

Spanish Fork Emergency Watershed Protection Program Project

USDA-Natural Resources Conservation Service (NRCS)

April 6, 2012

Location:

Spanish Fork River Utah Co., Utah

Contact Person:

Casey Burns

State Biologist, USDA-NRCS 125 S. State St. Room 4010 Salt Lake City, UT 84138

(801) 524-4566 casey.burns@ut.usda.gov

2

1. Introduction The purpose of this Biological Assessment (BA) is to review the proposed Spanish Fork Emergency Watershed Protection (EWP) Program Project with sufficient detail to determine if the proposed action may affect the June sucker (Chasmistes liorus) and/or other Federally protected species in the area. This BA has been prepared in accordance with legal requirements set forth under Section 7 of the Endangered Species Act (ESA) (16 U.S.C. 1536 (c)), and follows the standards set forth in NRCS’ National Environmental Compliance Handbook and regulations at 7 CFR 650. This proposed project contains a Federal nexus due to the Federal funding delivered through the EWP program, and is therefore eligible for Section 7 consultation. 2. Species Considered The following species were considered for this consultation (common name, scientific name, Federal ESA status):

This list constitutes all Federally listed species in Utah County, Utah, according to Federally Listed and Proposed Species and Habitat in Utah by County (FWS 2012). NRCS has determined this project has potential affect only to the June sucker. Ute ladies’-tresses inhabits wetlands, and no wetlands occur within the footprint of any of the project areas. This project would have no effect to Ute ladies’-tresses. Western yellow-billed cuckoos breed in dense willow and cottonwood stands in river floodplains. This habitat type is not currently present in or near the project area, but likely was historically. This project would have no effect to the cuckoo. The project would have no effect to any other Federally listed species, because suitable habitat for these species does not occur in or near the project area. The remainder of this document will consider affects only on June sucker.

3

3. Critical Habitat No Federally designated critical habitat has been designated within, downstream of, or near the project area. June sucker critical habitat is present on the Provo River in Utah County (see attachment D), but would not be affected by this project, and therefore will not be further analyzed. 4. Consultation to Date Discussions between NRCS contractor Bowen Collins and Associates (BCA) and the US Fish and Wildlife service have occurred on this project (see attachment A). The original proposed action had the project ending prior to the beginning of June sucker spawning season on April 1. However, the project is behind schedule and will need to continue until May 31. When this was discovered, BCA contacted FWS to discuss what the options for this project were. It was at this point that the project shifted from a “no effect” determination to potentially a “may affect” situation on the June sucker. NRCS was brought back in to act as the federal lead for this consultation. This consultation only covers the upper two project areas (1A and 1B) which are above the Strawberry Diversion and does not include any work at Site 2 downstream (see Figure 1. below) 5. Description of the Proposed Action The proposed action would take place between April 1 and May 31, 2012. During all construction and other related instream activities, the Strawberry Diversion would be open and taking the flow from Spanish Fork. The settling pond on the Strawberry Diversion was designed to function with flows up to 550 cfs. Work would only occur when flows in Spanish Fork, as measured at the Strawberry Diversion, are at or below 550 cfs. At site 1A, five instream rock J-hooks are proposed to deflect flows away from the eroded bank. At site 1B, 300 ft of sloped rock riprap bank protection is proposed (see attachment C). The projects are designed to protect critical infrastructure, including a water line, utilities, and the railroad track. All areas disturbed by project activities would be seeded or planted with locally adapted native species. Willow poles would be installed at the toes, and seeding or planting would occur on bare ground on the top of the bank. The local sponsor, the City of Spanish Fork, would be responsible for long-term vegetation establishment and invasive species control onsite. Work at Site 2 would in the fall occur outside of June sucker spawning season.

4

Figure 1. Diversions and Project Site Locations 6. Avoidance and Minimization Measures

A. Work will only occur above the Strawberry Diversion B. Work will only be allowed to occur from April 1 to May 31, 2012 while the Strawberry

Diversion is in use and sediment control is occurring in the settling pond. C. Work will only be allowed to occur from April 1 to May 31, 2012 while flows (as

measured at the Strawberry Diversion) are at or below 550 cfs. D. Best management practices during construction for erosion and turbidity control will be

used. E. The project site will be revegetated with locally adapted native plant species in all

disturbed areas. F. Willows will be planted at the toe of the rock riprap slope to increase long-term stability

of the bank and to shade the water. G. Long-term invasive species control will occur on all disturbed areas.

7. Species Account The June sucker is very narrowly distributed, now only occurring naturally in Utah Lake and the Provo River. Although the species was once abundant in Utah Lake and spawned in Spanish

5

Fork, it is now extremely rare. Major causes of the June sucker's decline include flow reductions and alterations, passage barriers, pollution (especially excessive nutrients and suspended sediment), water temperature changes, drought, hybridization with other sucker species, and competition with and predation from exotic fish species. Habitat modification, including channelization, reduces habitat complexity and decreases the floodplain’s natural ability to filter pollutants. Habitat modification also results in reduction of riparian canopy above the river that increases river temperatures, which is detrimental to June sucker. The June sucker collects in and around the mouths of rivers in April and May, and spawns in mid-June. Spawning occurs for about one week and eggs hatch within another week. June sucker fry then float downstream to Utah Lake and inhabit shallow water with herbaceous vegetation. The species is long-lived and slow to mature. June sucker primarily feeds on zooplankton. 8. Reference Condition Currently, the project areas have actively eroding cut banks and no vegetation. The erosion occurred in the high flows of the spring 2011 runoff. During periods of low flow, additional bank erosion has been minimal, but could continue with spring 2012 runoff. 9. Status of the Species in the Action Area The June sucker was historically know to occupy Spanish Fork, but due to significant water diversions, the fish has not been observed in the river for decades and is not expected to occur in the river. The closest potential June suckers would be downstream approximately 15 miles in Utah Lake. However, projects that effect water quality upstream on Utah Lake have the potential to affect June sucker downstream in Utah Lake. 10. Effects Determination Long-term overgrazing has caused a great reduction in Due to the stream flows being diverted downstream of the project area and flowing through the settling pond, increases in sediment load and turbidity due to construction activities would be negligible. Therefore, implementation of the project, along with the Minimization and Avoidance Measures, “may affect, but is not likely to adversely affect” the June sucker. The total amount of take resulting from implementation of this project is expected to be zero. This project would have “no effect” to any other Federally listed species and “no adverse modification” of designated critical habitat.

6

12. List of Preparers/ Contributors

Casey Burns - State Biologist, NRCS, Salt Lake City, Utah (Action agency biologist and primary author)

Merissa Davis – Biologist, Bowen, Collins, and Associates, Draper, Utah 13. Appendices

A. Bowen Collins Email to Casey Burns B. Bowen Collins Technical Memorandum C. Project Area Aerial Photo D. June Sucker Critical Habitat Map

7

A.

8

B.

9

10

11

12

13

C.

14

D.