United States Department of the Interior

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1 United States Department of the Interior FISH AND WILDLIFE SERVICE Washington Fish and Wildlife Office 510 Desmond Dr. SE, Suite 102 Lacey, Washington FEB Cynthia Wilson, Interim Resource Stewardship Director Thurston County Planning Department 2000 Lakeridge Drive SW Olympia, Washington Dear Ms. Wilson: Subject: Guidance for Assessing Potential Take of Mazama Pocket Gophers and Oregon Spotted Frogs in Thurston County in 2016 As a result of discussions with your planning staff and the Washington Department of Fish and Wildlife (WDFW), the U.S. Fish and Wildlife Service (USFWS) recommends the following approaches to assess the likelihood of "take" of (i.e., impacts to) federally-listed Mazama pocket gophers (Thomomys mazama) and Oregon spotted frogs (Rana pretiosa). The USFWS is committed to providing the County with the best technical assistance in a timely manner during the 2016 building season, so you can make informed permit decisions that avoid the "take" of listed species prior to the completion of your Habitat Conservation Plan (HCP). MAZAMA POCKET GOPHERS Three subspecies of Mazama pocket gophers found in Thurston County are listed as threatened under the Endangered Species Act. Impacts to Mazama pocket gophers should be avoided or addressed through USFWS permitting processes. The screening approach recommended here is based on the best available science incorporating the most current knowledge and experience with Mazama pocket gopher biology and field detection. Methods described here apply to the 2016 screening season only, which is June 1 to October 31. Results from this 2016 approach will be used to inform pocket gopher conservation, recovery planning, and development of the Thurston County Prairie Habitat Conservation Plan (HCP).

2 Cynthia Wilson 2 Based on results from screening conducted in 2015, we propose modifying this year's screening approach in the following ways: 1. Remove from screening those low preference Mazama pocket gopher soils located north of Interstate 5 on the peninsula of land encompassing part of Hawks Prairie out to Johnson Point (approximately 14,300 acres). 2. Remove Chehalis and Newberg soils (approximately 9,200 acres) from the list of Mazama pocket gopher soils that are used to determine the need for screening. 3. Discontinue screening after Mazama pocket gopher mounds are detected on a site. USFWS will notify the landowner of such, by letter, within approximately 2 weeks of the field detection. 4. Repeat screening at any site where mounds are "indeterminate," -which means it is uncertain whether mounds present on a site are, or are not, associated with Mazama pocket gophers. If this repeat screening exceeds the standard number of site visits necessary for the site's soil type, repeat screening would consist of one additional visit and would occur no sooner than one week (7 days) later in time, and ideally after environmental changes (such as weather) that may result in additional mounding activity. 5. Soil verification, when conducted, would only occur on sites where Mazama pocket gopher mounds are detected and with the permission of the landowner. 6. USFWS will only be able to conduct screening 3 days per week, and will prioritize those sites that have been mowed or brushed out by March 15, 2016, and are free of debris and hazardous materials. Mowing or brushing will be necessary on sites with grasses, forbs, Scot's broom, blackberries, or non-native woody vegetation_in order to provide a_clear view of the ground. Sites mowed by March 15, 2016 will be prioritized for screening along with sites where mowing is not needed due to the vegetation type and cover. All other sites would be scheduled for screening once it is determined by the County and USFWS if and when mowing is needed. The recommended approach for the 2016 screening season applies to properties not known to be occupied by Mazama pocket gophers, and applies only through the 2016 screening season. Determinations made during the 2016 screening season allowing projects to move forward will be valid through October 31, Landowners should be aware that engaging third party surveyors (consultants, biologists, etc.) is not recommended or required. Such assessments by a third party will not replace the 2016 screening approach described in this letter.

3 I Cynthia Wilson 3 Thurston County landowners who know that Mazama pocket gophers are present on their property can move forward with their development permitting requirements by: 1) contacting USFWS to discuss the review, assessment, and mitigation process most appropriate for their sites and proposed activities; or 2) choosing to wait to participate in the Thurston County HCP, currently anticipated to be completed in Thurston County Application Review 1. Thurston County staff will continue to screen for critical areas when reviewing land use applications. Further screening and field review would occur on those legal lots that are: a) within 600 feet of a site known to have positive Mazama pocket gopher occurrence; or b) on or within 300 feet of a soil type known to be associated with Mazama pocket gopher occupancy. 2. Thurston County staff will determine if other factors preclude the need for additional screening. Factors that would preclude additional screening for Mazama pocket gophers include, but are not limited to: a) Locations west of the Black River, or on Steamboat Island peninsula. b) Sites submerged for 30 consecutive days or more since October 31, c) Sites covered with impervious surfaces ( as defined in CAO Chapter and Title 24). d) Sites that consist of slopes greater than 40%, or that contain landslide hazard areas (per existing County regulations). e) Sites on low preference Mazama pocket gopher soils north of Interstate 5 on the peninsula of land encompassing part of Hawks Prairie out to Johnson Point. Thurston County and USFWS - Preliminary Site Assessment 3. Land use permit applications not excluded from further review will undergo a preliminary site assessment conducted by Thurston County and USFWS staff. This preliminary site assessment will determine if additional screening and site visits will be required. The preliminary site assessment will determine: a) Presence of prairie indicators such as native prairie plants and mima mounds. b) If forest canopy exceeds 30 percent cover and other site factors preclude the need for additional Mazama pocket gopher screening on all or part of the site. If site conditions allow, this preliminary site assessment may also serve as the first site visit to determine Mazama pocket gopher presence (see below).

4 Cynthia Wilson 4 Thurston County and USFWS - Site Visits 4. After the preliminary site assessment, Thurston County and USFWS will conduct field observations to determine Mazama pocket gopher presence on sites with potential habitat. WDFW biologists may participate. These site visits will be scheduled in advance by the County, and will be conducted from June 1 through October 31 as follows: a) Sites with low preference soils and more than 600 feet from a known occurrence will be visited two (2) times, at least 30 days apart. If these field observations do not detect Mazama pocket gopher presence, the legal lot will proceed through the regular building permit process. b) Sites with low preference soils and within 600 feet of a site with verified occurrence will be visited three (3) times, at least 30 days apart. If these field observations do not detect Mazama pocket gopher presence, the legal lot will proceed through the regular building permit process. c) Sites with medium or high preference soils will be visited three (3) times, at least 30 days apart. At least one of these visits must occur in September or October. In order to complete the field observations this screening season, the first visit must occur no later than the last week of August. d) Site visits will be discontinued once pocket gophers are detected and the proposed project has the potential to take pocket gophers. Landowners will be notified directly by USFWS within two weeks. At that point, the landowner may choose to move forward by developing an HCP with the USFWS directly, wait until the Thurston County HCP has been approved and receive regulatory assurances through County permitting, or explore non-regulatory conservation options with USFWS. See attached list of soil types with associated Mazama pocket gopher preference and site visits/timing recommendations.

5 Cynthia Wilson 5 OREGON SPOTTED FROGS The Oregon spotted frog (OSF) is found in Thurston County and is listed as threatened under the Endangered Species Act. Approximately 4,880 acres and 7 river miles are designated critical habitat for this species in Thurston County. Prior to the approval of the Thurston County HCP, impacts to OSFs and their habitat should be avoided, or addressed through USFWS technical assistance and/or permitting processes. Thurston County is seeking incidental take coverage for OSFs through the County's proposed Prairie HCP, while avoiding take of OSF in the interim. The use of a geographic layer developed by Thurston County, WDFW, and USFWS will be used to identify where potential impacts to OSFs and their habitat could occur. We recommend using USFWS technical assistance and field visits in 2016 to refine that geographic layer, to inform the final conservation strategy for OSF in the HCP, and to avoid the take of OSFs. Consequently, the approach we describe here to accomplish these, applies to the 2016 screening season only. Thurston County Application Review 1. Thurston County staff will continue their practice of reviewing all permit applications to screen for critical areas. Permit applications with legal lots that lie within the draft OSF geographic layer would trigger County coordination with, and consideration by, USFWS. This could result in a site visit to look for OSF individuals or egg masses, to assess the potential for OSF habitat, and to provide technical assistance to avoid take of OSF. Thurston County and USFWS and/or WDFW - Site Visits 2. When warranted, one-time site visits will be conducted by County staff in conjunction with biologists from USFWS and/or WDFW. Site visits will occur in 2016 from approximately the second week in February through approximately the end of April (depending on the initiation of egg laying and habitat conditions such as water level). 3. USFWS will strive to conduct as many site visits as are warranted, given site conditions and other workload priorities. However, we will only able to visit those sites for which the County can coordinate and participate in the site visit, notify the landowner in advance, and only to those sites that are free of debris and hazardous materials. This recommended approach for OSF applies to all properties not known to be occupied by OSF, and applies only through the 2016 survey season. However, if permit applications occur on sites with known OSF occupancy, USFWS will provide technical assistance to the County, in order for the County to make a decision on permit issuance. USFWS determinations made during the 2016 survey season allowing projects to move forward will be valid through October 31, 2017.

6 Cynthia Wilson 6 Landowners should be aware that engaging third party surveyors (consultants, biologists, etc.) is not recommended or required. Such assessments will not replace the 2016 approach for OSF described above. Thurston County landowners who know that Oregon spotted frogs are present on their property can also move forward with their development permitting requirements by: 1) contacting USFWS directly to discuss the review, assessment, and options most appropriate for their sites and proposed activities; or 2) choosing to wait to participate in the Thurston County HCP, currently anticipated to be completed in We appreciate Thurston County and WDFW working with USFWS to help conserve imperiled species. Please contact Tim Romanski ( ) or Joanne Stellini ( ) of my staff for further coordination on the recommended approaches for Enclosure: Summary Table of Site Visits cc: WDFW, Olympia, WA (C. Wilkerson) Sincerely, -z=v,q~ Eric V. Rickerson, State Supervisor Washington Fish and Wildlife Office

7 Summary Table of Site Visits by Soil Type Needed for the 2016 Mazama Pocket Gopher Review Process for Permit Applications in Thurston County. Additional Conditions Apply. Mazama Pocket Soil Type Site Visits & Timing* Gopher Preference Nisqually loamy fine sand, 0 to 3 percent slopes 3 site visits at least High Nisqually loamy fine sand, 3 to 15 percent slopes 30 days apart Spanaway-Nisqually complex, 2 to 10 percent slopes At least 1 visit must occur in September or October Cagey loamy sand To meet the above, Medium Indianola loamy sand, 0 to 3 percent slopes 1st visit must occur Spanaway gravelly sandy loam, 0 to 3 percent slopes no later than the last Spanaway gravelly sandy loam, 3 to 15 percent slopes week in August Alderwood gravelly sandy loam, 0 to 3 percent slopes For property more than 600 Alderwood gravelly sandy loam, 3 to 15 percent slopes feet from a gopher Everett very gravelly sandy loam, 0 to 3 percent slopes occurrence: Everett very gravelly sandy loam, 3 to 15 percent slopes 2 site visits at least Indianola loamy sand, 3 to 15 percent slopes 30 days apart Kapowsin silt loam, 3 to 15 percent slopes To meet the above, Low McKenna gravelly silt loam, 0 to 5 percent slopes 1st visit must occur Norma fine sandy loam by September 30 Norma silt loam Spana gravelly loam Spanaway stony sandy loam, 0 to 3 percent slopes For property within 600 Spanaway stony sandy loam, 3 to 15 percent slopes feet of a gopher occurrence: Yelm fine sandy loam, 0 to 3 percent slopes 3 site visits at least Yelm fine sandy loam, 3 to 15 percent slopes 30 days apart To meet the above, 1st visit must occur no later than the last week in August *Sites that are mowed by March 15, 2016 will be prioritized for site visits. All site visits will be conducted by U.S. Fish and Wildlife Service no later than October 31, This document updated: January 27, 2016.