ENPLAN 3179 Bechelli Lane, Suite 100, Redding, CA 96002 530/221- 0440 FAX 530/221-6963 www.enplan.com

S: \ 09 -Archive\000 Jobs Archive\278-08 SPI - Cogeneration Plant\1-Documents\Updated Biological for EPA review 4- 10

- 10 \Biol Rpt for EPA review 04- 15 -10.doc 

### 278

- 08 April 15, 2010

Cedric Twight Sierra Pacific Industries PO Box 496014 Redding, CA 96049-6014

SUBJECT: Updated Biological Review for a Proposed Cogeneration Facility at the Sierra

Pacific Industries, Inc., Sawmill in Anderson

ENPLAN completed a biological and wetland screening for a proposed cogeneration facility at the Anderson Sawmill operated by Sierra Pacific Industries (SPI) on November 6, 2007. Since completion of the screening, the study area has been expanded to include a substation and a powerline corridor. Because the proposed project is subject to review by the U.S. Environmental Protection Agency (EPA), this report focuses on potential effects to federally listed and candidate species presumed to occur, or potentially affected by work, in the project quadrangle. The potential presence of Wetlands and Other Waters of the U.S. was also evaluated. The proposed project is entirely on the SPI Anderson Sawmill parcel, and off-site improvements are not proposed in order to accommodate the proposed wood-fired cogeneration plant. A project vicinity map is shown in Figure 1 and an aerial photograph of the study area is provided in Figure 2.

Records Review ENPLAN reviewed the enclosed United States Fish and Wildlife Service (USFWS) species lis t for the Cottonwood quadrangle (last updated December 1, 2009 ).

Field Reconnaissance A field reconnaissance of the cogeneration facility, substation, and powerline corridor was conducted on April 15, 2010. Most of the federally listed and Candidate species potentially occurring in the area would have been evident at the time the fieldwork was conducted. The potential presence of species not readily identifiable during the fieldwork was determined on the basis of observed habitat characteristics.

Resu lts Federally Listed Plant Species Review of the USFWS species list for the Cottonwood quadrangle found that one federally listed plant species, slender Orcutt grass, is presumed to occur in or could potentially be affected by work in the quadrangle. Critical habitat is designated in the Cottonwood quadrangle for slender Orcutt grass. However, no critical habitat is designated for slender Orcutt grass on the project site. The potential for slender Orcutt grass to utilize the site is evaluated in Table 1. Slender Orcutt grass was not observed during the field inspection and is not expected to be present or affected by project implementation.

Federally Listed and Candidate Wildlife Species Review of the USFWS species list for the Cottonwood quadrangle found that ten federally listed wildlife species (Conservancy fairy shrimp, vernal pool fairy shrimp, valley elderberry longhornCedric Twight

April 15, 2010 Page 2


### beetle, vernal pool tadpole shrimp, green sturgeon, Delta smelt, Central Valley steelhead, Central Valley spring-run Chinook salmon, Sacramento River winter-run Chinook salmon, and California red-legged frog) and one candidate wildlife species (western yellow-billed cuckoo) are presumed to occur in or could potentially be affected by work in the quadrangle. Critical habitat is designated in the Cottonwood quadrangle for the following species: vernal pool fairy shrimp, vernal pool tadpole shrimp, Central Valley steelhead, Central Valley spring-run Chinook salmon, and Sacramento River winter-run Chinook salmon. However, no critical habitat is designated for these species on the project site. The potential for each of these species to utilize the site is evaluated in Table 1. No federally listed or candidate species were observed during the field inspection.

No elderberries, the larval host plant of the valley elderberry longhorn beetle, occur on the project site. However, several elderberries occur offsite along the banks of Spring Creek in the vicinity of the proposed substation. Sierra Pacific Industries has confirmed that no work is currently proposed within 100 feet of the elderberry shrubs. The valley elderberry longhorn beetle would thus not be affected by project implementation. However, if the final site plan shows that work would occur within 100 feet of the elderberries, the EPA may consult with the USFWS to assess effects on the beetle. During the consultation, the USFWS may require further assessment and/or mitigation. Assessment would entail documenting the size and number of elderberry stems ≥1” basal diameter, presence/absence of VELB exit holes, and characteristics of the surrounding plant community. Mitigation requirements for direct impacts (e.g., direct removal of shrubs or working within 20 feet of the dripline of the shrubs) would be determined based on the results of the field survey; potential indirect impacts would be minimized by installing/maintaining protective construction fencing around elderberry shrubs for the duration of the project, briefing construction workers of the presence of the shrubs, o r implementation of other measures recommended by the Service.

Chinook salmon and Central Valley steelhead are known to spawn and/or rear in the Sacramento River, and presumably in Spring Gulch. In addition, the nearby reach of the Sacramento River has a very low potential to provide spawning and rearing habitat for the green sturgeon. Because it is our understanding that the project proposal calls for all storm water runoff to be contained completely on the site and for Best Management Practices to be implemented for erosion control and spill prevention

, we expect no adverse effects to Chinook salmon, Central Valley steelhead, or green sturgeon. Accordingly, no additional mitigation measures are proposed.

Wetlands and Other Waters of the U.S. ENPLAN inspected the project site and identified one man-made pond within the study area. This pond appears to be isolated, and is used for mill operations. The pond is likely subject to the jurisdiction of the DFG and Regional Water Quality Control Board, and may be subject to Corps’ jurisdiction. If the powerline is suspended by supporting towers and fully avoids the pond permits would not be required from these agencies. However, if the proposed powerline or supporting towers would impact the pond, a Lake and Streambed Alteration Agreement may required by the DFG, Water Quality Certification or a Waiver of the Waste Discharge Requirements may be required by the Regional Water Quality Control Board. If the pond is subject to the jurisdiction of the Corps of Engineers, we expect that the Corps would authorize the project under the non -notifying Nationwide Permit 12. Coordination with these agencies would be required to determine whether permits would be required for impacting the pond.Cedric Twight

April 15, 2010 Page 3



### Conclusions and Recommendations In summary, we find that the project site does not support any federally listed or candidate species. However, federally listed Chinook salmon (winter-run and spring-run), Central Valley steelhead, and green sturgeon in the nearby Sacramento River, and Chinook salmon and Central Valley steelhead in nearby Spring Creek could potentially be indirectly affected if sediment-laden water or pollutants are discharged into these waters. Because SPI has confirmed that all storm water runoff will be contained completely on the site and Best Management Practices will be implemented for erosion control and spill prevention, no adverse effects on Chinook salmon, Central Valley steelhead

, or green sturgeon are expected

. Because all work will be a minimum of 100 feet from the elderberries along Spring Creek, no impacts on the valley elderberry longhorn beetle would occur. However, if the final site plan necessitates working within 100 feet of the elderberries, the EPA may consult with the USFWS to evaluate potential effects on the beetle and could require mitigation for direct and/or indirect impacts.

Permits from resource agencies may be required, depending on the configuration of the powerline and supporting towers. Coordination with the DFG, Regional Water Quality Control Board, and Corps of Engineers would be required to determine whether permits would be required for impacting the pond.

Please contact Don Burk or me if you have any questions regarding the results or recommendations of our evaluation

. Sincerely,

Darrin Doyle Wildlife Biologist

Enclosures: Fi gure 1. Project Vicinity Map

Figure 2. Aerial Photograph of Study Area U.S. Fish and Wildlife Service Species List for the Cottonwood Quadrangle Table 1. Evaluation of the Potential for Federally Listed and Candidate Species

Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

## Cogeneration Facility

Substation Powerline Corridor S:\09-Archive\000 Jobs Archive\278-08 SPI - Cogeneration Plant\3-Project GIS\3-Map Documents\vicinity map 4-15-10

04.15.10 

# Vicinity Map Figure 1 Feature and boundary locations depicted are approximate only. 

# X

0 1,000 2,000 Feet SITES:\09-Archive\000 Jobs Archive\278-08 SPI - Cogeneration Plant\3-Project GIS\3-Map Documents\figure 2 - aerial photo for EPA biol Rpt. 4-15-10

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## Figure 2 Feature and boundary locations depicted are approximate only. 

# X

0 100 200 Feet Study Area



# Aerial Photograph of Study AreaUnoffial Quick Endangered Species List, Sacramento Fish and Wildlife Office

http://www.fws.gov/sacramento/es/spp_lists/QuickList.cfm?ID=629A[4/9/2010 7:20:54 AM] 

## U.S. Fish & Wildlife Service


# Sacramento Fish & Wildlife Office
Federal Endangered and Threatened Species that Occur in or may be Affected by Projects in the COTTONWOOD (629A) U.S.G.S. 7 1/2 Minute Quad Database last updated: December 1, 2009 Report Date: April 9, 2010



## Listed Species

Invertebrates

Branchinecta conservatio Conservancy fairy shrimp (E)

Branchinecta lynchi Critical habitat, vernal pool fairy shrimp (X) vernal pool fairy shrimp (T)

Desmocerus californicus dimorphus valley elderberry longhorn beetle (T)

Lepidurus packardi Critical habitat, vernal pool tadpole shrimp (X) vernal pool tadpole shrimp (E)



## Fish Acipenser medirostris green sturgeon (T) (NMFS)

Hypomesus transpacificus delta smelt (T)

Oncorhynchus mykiss Central Valley steelhead (T) (NMFS) Critical habitat, Central Valley steelhead (X) (NMFS)

Oncorhynchus tshawytscha Central Valley spring-run chinook salmon (T) (NMFS) Critical Habitat, Central Valley spring-run chinook (X) (NMFS) Critical habitat, winter-run chinook salmon (X) (NMFS) winter-run chinook salmon, Sacramento River (E) (NMFS)



## Amphibians Rana aurora draytonii California red-legged frog (T)



## PlantsUnoffial Quick Endangered Species List, Sacramento Fish and Wildlife Office

http://www.fws.gov/sacramento/es/spp_lists/QuickList.cfm?ID=629A[4/9/2010 7:20:54 AM] 

### Orcuttia tenuis Critical habitat, slender Orcutt grass (X) slender Orcutt grass (T)



## Candidate Species

Birds Coccyzus americanus occidentalis Western yellow-billed cuckoo (C)



## Key:

(E) Endangered - Listed as being in danger of extinction. (T) Threatened - Listed as likely to become endangered within the foreseeable future. (P) Proposed - Officially proposed in the Federal Register for listing as endangered or threatened. (NMFS) Species under the Jurisdiction of the National Oceanic & Atmospheric Administration Fisheries Service

. Consult with them directly about these species.
Critical Habitat - Area essential to the conservation of a species. (PX) Proposed Critical Habitat - The species is already listed. Critical habitat is being proposed for it. (C) Candidate - Candidate to become a proposed species. (V) Vacated by a court order. Not currently in effect. Being reviewed by the Service. (X) Critical Habitat designated for this species1

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Listed Species

Invertebrates

Conservancy fairy shrimp Branchinecta

conservatio FE Conservancy fairy shrimp inhabit large, cool

- water vernal pools with moderately t urbid water. Absent Absent Absent Vernal pools or other suitable habitat for the Conservancy fairy shrimp do not occur on the site. The Conservancy fairy shrimp would thus not be present.

Vernal pool fairy shrimp Branchinecta lynchi FT Vernal pool fairy shrimp inhabit small, clear

- water sandstone

depression pools and grassed swale, earth slump or basalt

- flow depression pools. Absent Absent Absent Vernal pools or other suitable habitat for the vernal pool fairy shrimp do not occur on the site. The vernal pool fairy shrimp would thus not be present.

Valley elderberry longhorn beetle Desmocerus

californicus dimorphus FT The valley elderberry longhorn beetle is found only in association with elderberry shrubs ( Sambucus spp.). Absent Absent Absent No elderbe rry shrubs occur on the project site or within 100 feet of proposed work. The valley elderberry longhorn beetle would thus not be present or affected by project implementation.

Vernal pool tadpole shrimp Lepidurus

packardi FE Vernal pool tadpole shrimp occur in vernal pools in California’s Central Valley and in the surrounding foothills. Absent Absent Absent Vernal pools or other suitable habitat for the vernal pool tadpole shrimp do not occur on the site. The vernal pool tadpole shrimp would thus not be present.2

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Fish

Green sturgeon Acipenser

medirostris FT, SSC The green sturgeon is an anadromous fish that spawns in large rivers. In California, green sturgeon spawn primarily in the Klamath and Trinity rivers, but a small number is known to s pawn in the Sacramento River (DFG, 1995). Most spawning in the Sacramento River occurs above Hamilton City, and may range as far north as Keswick Dam. Spawning in the Sacramento River occurs from March to July, when water temperatures are 8 to 14 C. Sp awning occurs in deep (greater than three meters) water with a swift current. Preferred spawning substrate is large cobble, but may include clean sand to bedrock. Absent Absent Absent Although the green sturgeon has a very low potential to spawn and

rea r in the nearby reach of the Sacramento River, the project site lacks suitable habitat for the green sturgeon. The project proponent has confirmed that Best Management Practices would be implemented for erosion control and spill prevention, and all stormw ater runoff would be contained on the site. The green stur geon would thus not be present or affected by site development.

Delta smelt Hypomesus

transpacificus FT, ST Delta smelt primarily inhabit the brackish waters of Sacramento

- San Joaquin River Delta. Most spawning occurs in backwater sloughs and channel edgewaters. Absent Absent Absent The project site is outside of the known range of the Delta smelt and does not provide suitable habitat for the species. The Delta smelt would thus not be present or affected by project implementation.3

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Central Valley steelhead Oncorhynchus mykiss FT Central Valley steelhead inhabit cold

- water tributaries of the Sacramento and San Joaquin rivers. Adults begin their upstream spawning migration from August through Nov ember. Spawning occurs between January and March. Spawning habitat is characterized by loose, clean gravel in cold, swiftly flowing, shallow water. Absent Absent Absent Although Central Valley steelhead are known to occur nearby in the Sacramento River, and presumably in Spring Gulch, the project site lacks suitable habitat for steelhead. The project proponent has confirmed that Best Management Practices would be implemented for erosion control and spill prevention, and all stormwater runoff would be con tained on the site. The Central Valley would thus not be present or affected by site development.4

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Central Valley spring

- run Chinook salmon Oncorhynchus

tshawytscha FT, ST Central Valley spring

- run Chinook salmon enter the Sacramento

- San Joaquin Delta in early January, and enter natal streams from March to May. Upon entering fresh water, spring

- run are sexually immature and must hold in cold water habitats through summer to mature. Typically, Central Valley spring

- run Chinook salmon utilize mid

- to h igh

elevation streams that provide sufficient flow, water temperature, cover, and pool depth to allow over

summering. Spawning occurs between September and October. Absent Absent Absent Although spring

- run Chinook salmon are known to occur nearby in the S acramento River, and presumably in Spring Gulch, the project site lacks suitable habitat for the spring

run. The project proponent has confirmed that Best Management Practices would be implemented for erosion control and spill prevention, and all stormwat er runoff would be contained on the site. The Central Valley spring

- run Chinook salmon would thus not be present or affected by site development.5

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Sacramento River winter

- run Chinook salmon Oncorhynchus

tshawytscha FE, SE Sacramento River winter

- run Ch inook salmon spawn almost exclusively in the Sacramento River, and not in tributary streams. Spawning generally occurs in swift, relatively shallow riffles or along the edges of fast runs where there is an abundance of loose gravel. Juveniles may rear in tributaries of the Sacramento River. Absent Absent Absent Although winter

- run Chinook salmon are known to occur nearby in the Sacramento River, the project site lacks suitable habitat for the winter

- run. The project proponent has confirmed that Best Mana gement Practices would be implemented for erosion control and spill prevention, and all stormwater runoff would be contained on the site. The Sacramento River winter

- run Chinook salmon would thus not be present or affected by site development.6

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Amphibians

California red

legged frog Rana aurora

draytonii FT, SSC Suitable aquatic habitat for the California red

- legged frog (CRLF) consists of permanent water bodies of virtually still or slow

- moving fresh water, including natural and man

made ponds, bac kwaters within streams and creeks, marshes, lagoons, and dune ponds. The CRLF is not characteristically found in deep lacustrine habitats (e.g., deep lakes and reservoirs). Dense, shrubby riparian vegetation, e.g., willow ( Salix

) and bulrush ( Scirpus )
sp ecies, and bank overhangs are important features of CRLF breeding habitat. The CRLF tends to occur in greater numbers in deeper, cooler pools with dense emergent and shoreline vegetation. Absent Absent Absent The project site includes

a man

- made pond used for mill operations. However, the pond does not provide suitable breeding habitat for the California red

- legged frog because it lacks emergent vegetation and no vegetation is present around the margins of the pond. The California red

legged frog is thus not expected to be present or affected by project implementation.

Plants

Slender Orcutt
grass Orcuttia tenuis FT, SE, 1B.1 Slender Orcutt grass inhabits vernal

pools and similar habitat, occasionally on reservoir edges or stream floodplains, on c lay soils with seasonal inundation in valley grassland to coniferous forest or sagebrush scrub. Absent Absent Absent The project site lacks vernal pools or other suitable habitat for the slender Orcutt grass. S lender Orcutt grass was not observed during
t he field reconnaissance and is not expected to be present.7

Table 1. Evaluation of the Potential for Federally Listed and Candidate Species Identified on the USFWS Species List for the Cottonwood Quadrangle to Occur on the Project Site

COMMON NAME SCIENTIFIC
NAME STATUS GENERAL HABITAT DESCRIPTION HABITAT PRESENT/
ABSENT CRITICAL

HABITAT PRESENT/
ABSENT SPECIES

PRESENT/
ABSENT RATIONALE

Candidate Species
Birds

Western yellow

billed cuckoo Coccyzus

americanus occidentalis FC, SE Western yellow

- billed cuckoos inhabit and nest in riparian communities along large riv ers. Absent Not Designated Absent The project site lacks riparian habitat. A narrow, small r iparian corridor approximately 100 feet offsite along Spring Creek provides potential nesting habitat for the western yellow

billed cuckoo. However, no western ye llow

- billed cuckoos or cuckoo nests were observed during the field inspection. The western yellow

- billed cuckoo is thus not expected to be present or affected by project implementation.