20211423 Ver 1_Wildlands Tar-Pam 01, Great Meadow Site, Formal Consultation_20220824

Hamilton, Ryan
From:Davis, Erin B
Sent:Wednesday, September 7, 2022 1:29 PM
To:Hamilton, Ryan
Subject:FW: \[External\] Wildlands Tar-Pam 01, Great Meadow Site, Formal Consultation
Attachments:2022_Suggested_Contents_for_BA-BE.pdf
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DWR#: 20211423 v.1
Doc Date: 8/24/22
Doc Type: Mitigation Information
Doc Name: Same as email subject

From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, August 24, 2022 1:39 PM
To: Tasha King <[e-mail]>; Jeff Keaton <[e-mail]>; Chris Roessler
<[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Kim Browning
<[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Bowers, Todd <[e-mail]>
Subject: \[External\] Wildlands Tar-Pam 01, Great Meadow Site, Formal Consultation

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Hi Tasha,

I just spoke to Kathy Matthews regarding the formal consultation process and will outline our conversation as best I can.

1) The formal consultation process will begin after the biological assessment (BA) is completed. Considering my
bandwidth, it would be best suited for Wildlands to write the BA (in conjunction with the draft mitigation plan),
th
to include the information outlined in her Aug 16 email, as well as the enclosed BA guidance. The BA should be
included as an appendix in the draft mitigation plan submittal because you will have a detailed mitigation
proposal and design in place at that point; anything prior to the draft mitigation plan phase is generally too early
in the process.
2) After the draft mitigation plan and BA are received, I will send a letter to USFWS initiating formal consultation.
They will review the information in your BA and requesting anything additional necessary for them to write their
biological opinion (BO).
3) The general goal is to have any changes requested by the USFWS incorporated into your final mitigation plan.

A few other things she outlined to include are: timing of work to be completed; equipment that will be used; removal of
any beaver dams; conservation measures that will ensure protection; specifics on the ford crossing and why that
location was chosen.

1

The overall process allows the draft mit plan submittal/BA to smoothly transition to the final mit plan submittal/BO.
Kathy has also indicated that she would be happy to review a draft copy of the BA (prior to submitting with the draft mit
plan) to ensure you’ve included all of the necessary information.

I’m happy to hop on a call to discuss matters further if you would like. Kathy is also wonderful to work with and can help
guide you through the process.

Best Regards,

Sam Dailey
U.S. Army Corps of Engineers
Wilmington District, Regulatory Division, Washington Field Office

Email: [e-mail]
Phone: [phone]

2

U.S. Fish and Wildlife Service
Suggested Contents for Biological Evaluations and Biological Assessments
When you prepare a Biological Evaluation (BE) or Biological Assessment (BA), keep in mind
that the people who read or review this document may not be familiar with the action area or
what you are proposing. Your BE or BA should present a clear line of reasoning that explains
the proposed project and how you determined the effects of the project on each threatened or
endangered species in the action area. Try to avoid technical jargon that is not readily
understandable to people outside your agency or area of expertise. Remember, this is a public
document. Some things to consider and include (if appropriate) in your BE or BA follow.
1. What is the difference between a Biological Assessment and a Biological Evaluation?
By regulation, a Biological Assessment is prepared for "major construction activities" considered
to be Federal actions significantly affecting the quality of the human environment as referred to
in the National Environmental Policy Act of 1969 (NEPA) [(42 U.S.C. 4332(2)(C)]. A BA is
required if listed species or critical habitat may be present in the action area. A BA also may be
recommended for other activities to ensure the agency's early involvement and increase the
chances for resolution during informal consultation. Recommended contents for a BA are
described in 50 CFR §402.12(f).
Biological Evaluation is a generic term for all other types of analyses. Although agencies are not
required to prepare a Biological Assessment for non-construction activities, if a listed species or
critical habitat is likely to be affected, the agency must provide the Service with an evaluation on
the likely effects of the action. Often this information is referred to as a BE. The Service uses
this documentation along with any other available information to decide if concurrence with the
agency's determination is warranted. Recommended contents are the same as for a BA, as
referenced above.
The BAs and BEs should not be confused with Environmental Assessments (EA) or
Environmental Impact Statements (EIS), which may be required for NEPA projects. These EISs
and EAs are designed to provide an analysis of multiple possible alternative actions on a variety
of environmental, cultural, and social resources, and often use different definitions or standards.
2. What are you proposing to do?
 Describe the project. A project description will vary, depending on the complexity of the
project. For example, describing the placement and construction of a new microwave
tower may be relatively simple, but describing an alternative for improving range
management likely would be more detailed and complex. Include sketches if they will
help others understand your proposed action and its relationship with the species’ habitat.
 How are you (or the project proponent) planning on carrying out the project? What tools
or methods may be used? How will the site be accessed?
 Describe the action area. Always include a map (topographic maps are particularly
helpful). Provide photographs including aerials, if available. Describe the action area
(i.e., topography, vegetation, and condition/trend).
 Describe current management or activities relevant to the action area. How will your
project change the area?
 Supporting documents are very helpful. If you have a mining plan, research proposal,
NEPA or other planning document or any other documents regarding the project, attach
them to the BE or BA.
3. What threatened or endangered species may occur in the action area?
Use the tools at the Service's Information for Planning and Consultation website (https://
ipac.ecosphere.fws.gov/) to generate a species list for your project. The IPaC has additional tools
for regulatory review, such as determination keys and an interactive Consultation Package
Builder process.
Use your familiarity with the action area when you develop your species lists. Sometimes a
species may occur in the larger regional area near your project, but the habitat necessary to
support the species is not in the action area (including areas that may be beyond the immediate
project boundaries, but within the area of influence of the project). If, for example, you know
that the specific habitat type used by a species does not occur in the action area, it does not need
to appear on the species list for the project. However, documentation of your reasoning is helpful
for Service biologists or anyone else that may review the document.
4. Have you surveyed for species that are known to occur or have potential habitat in the
proposed action area?
The "not known to occur here" approach is a common flaw in many BA/BEs. The operative
word here is "known." Unless adequate surveys have been conducted or adequate information
sources have been referenced, this statement is difficult to interpret. It begs the questions "Have
you looked?" and "How have you looked?" Always reference your information sources.
Include a clear description of your survey methods so that the reader can have confidence in your
results. Answer questions such as:
 How intensive was the survey? Did you look for suitable habitat or did you look for
individuals? Did the survey cover the entire action area or only part of it? Include maps
of areas surveyed if appropriate.
 Who did the surveys and when? Was the survey done during the time of year/day when
the plant is growing or when the animal can be found (its active period)? Did the survey
follow accepted protocols?
 If you are not sure how to do a good survey for the species, the Service recommends
contacting species experts. Specialized training is required before you can obtain a permit
to survey for some species.
 Remember that your evaluation of potential impacts from a project does not end if the
species is/are not found in the action area. You still must evaluate what effects would be
expected to the habitat, even if it is not known to be occupied.
5. Provide background information on the threatened or endangered species in the action
area.
Describe the species in terms of overall range and population status. How many populations are
known? How many occur in the action area? What part of the population will be affected by
this project? Will the population's viability be affected? What are the current habitat condition
and population size and status? Describe the related items of past management for the species,
such as stocking programs, habitat improvements, or loss of habitat or individuals caused by
previous projects.
6. How will the project affect the threatened or endangered species or critical habitat that
occurs in the action area?
 If you believe the project will not affect the species, explain why.
 If you think the project may affect the species, explain what the effects might be. The
Endangered Species Act requires you to consider all effects when determining if an action
funded, permitted, or carried out by a Federal agency may affect listed species. Effects
you must consider include direct, indirect, and cumulative effects. Effects include those
caused by interrelated and interdependent actions, not just the proposed action. Direct
effects are those caused by the action and occur at the same time and place as the action.
Indirect effects are caused by the action and are later in time but are reasonably certain to
occur. Interrelated actions are part of a larger action and depend on the larger action for
their justification. Interdependent actions have no significant independent utility apart
from the action under consideration. Cumulative effects are those effects of future State or
private activities, not involving Federal activities, that are reasonably certain to occur
within the action area of the Federal action subject to consultation.
 Describe measures taken to avoid, reduce, or eliminate adverse effects or enhance
beneficial effects to the species. Refer to conversations you had with species experts to
achieve these results.
 Consider recovery potential if the action area contains historic range for a species.
 Evaluate designated critical habitat areas by reviewing the physical or biological features
essential to the conservation of the species. Even if no critical habitat has been designated
for a species, the evaluation of the project effects must include effects to the habitat, not
just the species.
7. What is your decision? The Federal action agency must make a determination of effect.
Quite frequently, effect determinations are not necessarily wrong; they simply are not justified in
the assessment. The assessment should lead the reviewer through a discussion of effects to a
logical, well-supported conclusion. Do not assume that the Service biologist is familiar with the
project and/or its location, and there is no need to fully explain the impact the project may have
on listed species. If there is little or no connection or rationale provided to lead the reader from
the project description to the effect determination, we cannot assume conditions that are not
presented in the assessment. Decisions must be justified biologically. The responsibility for
making the determination of effect falls on the Federal action agency; however, the Service may
ask the agency to revisit its decision or provide more data if the conclusion is not adequately
supported by biological information.
You have three choices for each listed species or area of critical habitat:
1. "No effect" means there are absolutely no effects of the project, positive or negative.
"No effect" does not include a small effect or an effect that is unlikely to occur. If effects
are insignificant (in size) or discountable (extremely unlikely), a "may affect, but not
likely to adversely affect" determination is appropriate.
2. "May affect, is not likely to adversely affect" means that all effects are beneficial,
insignificant, or discountable. Beneficial effects have contemporaneous positive effects
without any adverse effects to the species or habitat (i.e., there can not be “balancing,”
wherein the benefits of the project would be expected to outweigh the adverse effects - see
#3 below). Insignificant effects relate to the size of the impact (and should not reach the
scale where take occurs). Discountable effects are those extremely unlikely to occur.
These determinations require written concurrence from the Service. Based on best
judgment, a person would not: (1) be able to meaningfully measure, detect, or evaluate
insignificant effects; or (2) expect discountable effects to occur.
3. "May affect, is likely to adversely affect" means that all adverse effects can not be
avoided. A combination of beneficial and adverse effects is still "likely to adversely
affect," even if the net effect is neutral or positive. Adverse effects do not qualify as
discountable simply because we are not certain they will occur. The probability of
occurrence must be extremely small to achieve discountability. Likewise, adverse effects
do not meet the definition of insignificant because they are less than major. If the adverse
effect can be detected in any way or if it can be meaningfully articulated in a discussion of
the results, then it is not insignificant, it is likely to adversely affect. This requires formal
consultation with the Service.
A fourth finding is possible for proposed species or proposed critical habitat:
4. “Is likely to jeopardize/adversely modify proposed species/critical habitat” is the
appropriate conclusion when the action agency identifies situations in which the proposed
action is likely to jeopardize the proposed species, or destroy or adversely modify the
proposed critical habitat. If this conclusion is reached, conference is required.
List the species experts you contacted when preparing the BE or BA but avoid statements that
place the responsibility for the decision of "may affect" or "no effect" on the shoulders of the
species experts. Remember, this decision is made by the Federal action agency.
Provide supporting documentation, especially any agency reports or data that may not be
available to the Service. Include a list of literature cited.
Prepared by:
U.S. Fish and Wildlife Service
Arizona Ecological Services Field Office
January 1997
Revised by:
U.S. Fish and Wildlife Service
New Mexico Ecological Services Field Office
April 1997
Edited by:
U.S. Fish and Wildlife Service
National Conservation Training Center
Conservation Science and Policy Branch
June 2006
OUTLINE EXAMPLE
FOR A
BIOLOGICAL ASSESSMENT OR BIOLOGICAL EVALUATION
A. Cover letter – VERY IMPORTANT – Include purpose of consultation, project title, and
consultation number (if available). A determination needs to be made for each species.
You have three options: 1) a "no effect" determination; 2) requesting concurrence with an
"is not likely to adversely affect" determination; 3) a "may affect, is likely to adversely
affect" determination, and a request for formal consultation. If proposed species or critical
habitat is included, state whether the project is likely to result in jeopardy to proposed
species, or the destruction or adverse modification of proposed critical habitat.
B.Project description - Describe the proposed action and the action area. Be specific and
quantify whenever possible.
C. For Each Species
1. Description of affected environment (quantify whenever possible)
2. Description of species biology
3. Describe current conditions for each species
a. Rangewide
b. In action area
c. Cumulative effects of State and private actions in action area
d. Other consultations of Federal action agency in area to date
4. Describe critical habitat (if applicable)
5. Describe effects of proposed action on each species and/or critical habitat.
a. Direct
b. Indirect
c. Interrelated and interdependent actions
d. Incidental take
D.Conservation measures (protective measures to minimize effects for each species)
E.Conclusions (effects determination for each species)
F. Literature Cited
G. List of Contacts Made/Preparers
H. Maps/ Photographs