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HomeMy WebLinkAboutFERC - Request for Concurrence Under the Endangered Species Act - Project No. 2100-185 (‘14. CL 0 0 CC. 0 (0 c7; > co (-Ns z 0 CC a_ (3.) 2— 8 ou t 0 :7:- - < 5 D D 0 Lo 2 CO CO 00 c.1/41 44" ui • W co tfl' W W CO CI U. co FEDERAL ENERGY REGULATORY COMMISSION Washington,D.C.20426 OFFICE OF ENERGY PROJECTS Project No. 2100-185--California Feather River Hydroelectric Project California Department of Water Resources August 14, 2018 Ms. Jennifer Norris Field Supervisor U.S. Fish and Wildlife Service 2800 Cottage Way Room W-2605 Sacramento, CA 95825 Subject: Request for concurrence under the Endangered Species Act Dear Ms. Norris: The purpose of this letter is to request U.S. Fish and Wildlife Service (FWS) concurrence under section 7 of the Endangered Species Act (ESA) on the impacts that resulted from the actions related to the failure of the Oroville Dam spillways and the subsequent emergency response efforts. Oroville Dam is part of the Feather River Hydroelectric Project No. 2100, located on the Feather River in Butte County, California. A biological assessment is enclosed for your review. In February 2017, abnormally heavy precipitation resulted in high flows in the Feather River basin that caused extensive erosion and damage to the main spillway and emergency spillway area at the Feather River Project's Oroville Dam. The licensee for the facility, California Department of Water Resources (California DWR), first observed major damage to the main spillway on February 7, 2017, which included a large area of foundation erosion and concrete chute loss in the mid-section of the main spillway. Due to high inflows into Lake Oroville (the project reservoir) and reduced outflow capacity on the main spillway, Lake Oroville overtopped the adjacent emergency spillway on February 11, 2017, causing back-cutting erosion below the emergency spillway. The back-cutting erosion threatened the stability of the emergency spillway's crest structure. As such, California DWR increased operation of the damaged main spillway to relieve pressure on the emergency spillway, which led to the loss of the lower portion of the main spillway chute and caused significant erosion under and adjacent to the main spillway. Impacts were most severe in the Thermalito Diversion Pool immediately below Project No. 2100-185 - 2 - the spillways but turbidity and fluctuating flows also impacted the Feather River extensively downstream beyond the fish barrier dam and other project works. By letter dated March 31, 2017, the Commission designated California DWR as its non-federal representative to conduct informal consultation with the FWS pursuant to section 7 of the ESA. Since that time, California DWR and the FWS have regularly consulted on various resources including the valley elderberry longhorn beetle and its habitat. During the initial emergency response activities, California DWR identified six elderberry shrubs, the known habitat for the valley elderberry longhorn beetle, within or near work areas by the main spillway. The areas were flagged with 25-foot buffer zones and construction crews were instructed to avoid the plants as much as possible. Two of the identified elderberry shrubs were located in areas that became necessary for active construction near the main spillway in March and April 2017. It was determined that the shrubs needed removal; and in both instances, California DWR contacted the FWS, surveyed the plant for the number of stems, and presence or absence of valley elderberry longhorn beetle exit holes. Subsequently, the plants were removed and transplanted to suitable locations near the Thermalito Afterbay and the Oroville Wildlife Area. California DWR has prepared a biological evaluation that analyzed the effects of the emergency response efforts following the February 7, 2017 main spillway failure on the valley elderberry longhorn beetle and its habitat.' Several actions taken by California DWR had or may have had a potential effect on federally-listed species and critical habitat, which included: 1) land and vegetation clearing; 2) the construction of access roads, work pads, staging area, and spoil sites; 3) land debris removal; 4) the installation and relocation of powerlines; and 5) other miscellaneous support efforts. The action area includes Lake Oroville upstream of the Oroville Dam; the main spillway and the emergency spillway; the Thermalito Diversion Pool; and two elderberry shrub transplant locations, one near the eastern extent of the Thermalito Afterbay and the other within the northern extent of the Oroville Wildlife Area. California DWR worked with the California Department of Fish and Wildlife to relocate the two shrubs in locations that would not be affected by the emergency response actions. The locations chosen are riparian habitats where known clumps of elderberry shrubs exist. While there were direct impacts to the relocated elderberry shrubs individually, staff finds that it is not likely that the valley elderberry longhorn beetle 1 See July 17, 2018 and supplemental filing dated August 1, 2018 (Accession Nos. 20180716-5081 and 20180801-5079, respectively). Project No. 2100-185 - 3 - species were affected given the isolation of the plants being located within a non-riparian habitat, and the lack of exist holes. For the reasons addressed above, and outlined in further detailed in the biological assessment, we have determined that the proposed actions may have affected, but did not likely adversely affect the valley elderberry longhorn beetle. We request your concurrence on the above determination under your agency's modified consultation procedure for emergencies. 50 C.F.R. § 402.05. The Commission strongly encourages electronic filing of your response using the Commission's eFiling system at http://www.ferc.gov/docsfiling/efiling.asp. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov, (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary Federal Energy Regulatory Commission 888 First Street, NE Washington, D.C. 20426 The first page of your filing should include docket number P-2100-185. Thank you for your cooperation. If you have any questions concerning this matter, contact Ms. Kxista Sakallaris at (202) 502-6302 or by email at krista.sakallaris(czferc.gov. Sincerely, Qt?$ed(44 Robert J. Fletcher Chief, Land Resources Branch Division of Hydropower Administration and Compliance cc: Mr. Ted Craddock Department of Water Resources P.O. Box 942836 Sacramento, CA 94236-0001 ENCLOSURE Biological Assessment Feather River Hydroelectric Project No. 2100-185 Prepared for: U.S. Fish and Wildlife Service 2800 Cottage Way Room W-2605 Sacramento, CA 95825 Prepared by: Federal Energy Regulatory Commission August 14, 2018 Biological Assessment for Project No. 2100-185 - 1 - 1.0 BACKGROUND/HISTORY The purpose of this terrestrial Biological Assessment (BA) is to address the effects of the emergency response actions taken prior to and post spillway failure at the Lake Oroville Dam for the Feather River Hydroelectric Project No. 2100, on Endangered Species Act (ESA)-listed species, listed as endangered or threatened under the ESA, or their designated critical habitat. The BA has the following objectives: 1) determine whether federally threatened or endangered species managed by the U.S. Fish and Wildlife Service (FWS) under the ESA, and which are known to exist within the action area, were adversely affected by the response actions related to the spillway failures, and 2) determine if critical habitat was adversely modified by these actions. In February 2017, abnormally heavy precipitation resulted in high flows in the Feather River basin that caused extensive erosion and damage to the main spillway and emergency spillway area at the Feather River Project's Oroville Dam. California DWR first observed major damage to the main spillway on February 7, 2017, which included a large area of foundation erosion and concrete chute loss in the mid-section of the main spillway. Upon discovery of the main spillway damage, California DWR initiated consultation with the Commission's Division of Dam Safety and Inspections and the California Division of Safety of Dams to coordinate appropriate response actions. Due to high inflows into Lake Oroville (the project reservoir), and reduced outflow capacity on the main spillway, Lake Oroville overtopped the adjacent emergency ogee spillway on February 11, 2017, and caused back-cutting erosion below the emergency spillway. The back-cutting erosion threatened the stability of the emergency spillway's crest structure. Unavoidable increased operation of the damaged main spillway led to the loss of the lower portion of the main spillway chute and caused significant erosion under and adjacent to the main spillway. Since that time, California DWR has implemented numerous emergency actions including temporarily relocating transmission lines away from the damaged main spillway, dredging in the diversion pool below the spillways, removing sediment near the main spillway, establishing site access, and initiating reconstruction of the main spillway and fortification of the emergency spillway. By letter dated March 31, 2017, the Commission designated California DWR as its non-federal representative to conduct informal consultation with the FWS pursuant to section 7 of the ESA. Since that time, California DWR and the Commission, as applicable, have conducted early coordination and pre-consultation through a series of site visits, meetings, and phone conversations with the FWS and other relevant agencies: Biological Assessment for Project No. 2100-185 - 2 - Correspondence Specifically Related to the Valley Elderberry Longhorn Beetle • March 28, 2017 - California DWR contacted the FWS regarding the need to remove an elderberry shrub due to emergency work. Following discussion, California DWR biologists examined the plant for exit holes and transplanted the shrub to appropriate habitat near the Thermalito Afterbay. • • April 13, 2017—California DWR contacted the FWS regarding emergency removal of a second elderberry shrub. Following discussion, California DWR biologists examined the plant for exit holes and transplanted the shrub to appropriate habitat in the Oroville Wildlife Area. • April 18, 2017 - Correspondence from FWS on April 18, 2017 acknowledging the emergency situation, that there was not sufficient time to get conservation bank approvals, and that after the emergency situation was under control, to contact the FWS for further coordination on long-term management of the transplanted elderberry shrubs. General Meetings and Consultation Correspondence • March 2017 —June 2017: Twice weekly calls regarding environmental coordination and updates. Participants included FWS, National Marine Fisheries Services (NMFS), FERC, Federal Emergency Management Agency (FEMA), U.S. Army Corps of Engineers (Corps), California Department of Fish and Wildlife (California DFW), California Office of Emergency Services (California OES), Central Valley Regional Water Quality Control Board (CVRWQCB), State Water Resources Control Board (SWRCB), and California DWR. • March 24, 2017: California DWR letter to FERC requesting to be designated non-federal representative status for consultation under ESA Section 7 and the National Historic Preservation Act (NHPA) Section 106. • March 31, 2017: FERC letter to the California State Historic Preservation Officer(SHPO), FWS, and NMFS designating California DWR as non-federal representative for ESA and NHPA. • April 20, 2017: FERC letter to FEMA and Corps confirming FERC will be acting as lead agency. • May 18, 2017: FERC letter to FEMA and Corps formally designating DWR as non-federal representative for consultation under the ESA and NHPA for Emergency Recovery. This BA, prepared by the Federal Energy Regulatory Commission, addresses the action taken in compliance with section 7 of the ESA. Section 7 assures that, through consultation (or conferencing for proposed species) with the FWS, federal actions do not jeopardize the continued existence of any threatened, endangered or proposed species, or result in the destruction or adverse modification of critical habitat. Biological Assessment for Project No. 2100-185 - 3 - The purpose of the action taken was to conduct emergency repair and remediation actions after the Oroville spillway incident on February 7, 2017, to protect lives and property downstream of the Lake Oroville main and emergency spillways. This BA evaluates the direct and indirect effects to ESA listed terrestrial species that occurred because of operation, construction, and maintenance activities needed to stabilize and remediate the damaged facilities and infrastructure associated with the main and emergency spillways. 2M DESCRIPTION OF THE ACTION & ACTION AREA 2.1 Action Area The action area includes Lake Oroville upstream of the Oroville Dam; the main spillway and the emergency spillway; the Thermalito Diversion Pool; and two elderberry shrub transplant locations, one near the eastern extent of the Thermalito Afterbay and the other within the northern extent of the Oroville Wildlife Area (OWA). The action area is located on the eastern edge of the Sacramento Valley and the lower foothills of the Sierra Nevada. Vegetation in this area varies with elevation changes from the valley floor (elevation 100 feet above mean sea level at the lower end of the Oroville Wildlife Area) to the foothill elevations (about 1,200 feet above mean sea level). The lands around Lake Oroville and the Thermalito Diversion Pool are composed of open to dense woodland, forest, and chaparral communities consisting of mixed oak woodlands, foothill pine/mixed oak woodlands, and oak/pine woodlands and chaparral. In the lower elevations, around the Oroville Dam and the Thermalito Diversion Pool, vegetation is mostly blue or mixed oak with varying proportions with foothill pine woodland, open grasslands, and small proportions of chaparral. Primary woodland species include interior and canyon live oaks, blue oak, and foothill pine. The open areas within the woodlands consist of annual grassland species and chaparral vegetation, which is characterized by evergreen, tough waxy leaves including whiteleaf manzanita, buckbrush, toyon, and scrub oak. 2.2 Initial Response The initial response period included the actions that California DWR implemented to respond to the unanticipated main spillway failure and erosion of the emergency spillways. The response period spanned from February 7 to May 19, 2017 and includes California DWR's efforts to: stabilize the main spillway; prepare for use of the Biological Assessment for Project No. 2100-185 - 4 - emergency spillway; temporarily relocate transmission lines; dredge eroded material from the Thermalito Diversion Pool; manage inflow to the project; construct access roads; and implement other supporting activities. 2.3 Actions Potentially Affecting Terrestrial ESA Species Listed As Endangered Or Threatened, Or Their Designated Critical Habitat Vegetation Clearing and Grubbing Vegetation clearing and grubbing occurred throughout the emergency incident. During the response phase, vegetation was cleared to: • prevent large amounts of vegetated debris from falling into the Thermalito Diversion Pool below the Emergency Spillway; • install shoofly transmission lines at the upper spillway; • construct/improve access roads, work pads and staging areas; • facilitate land-based debris removal from the damaged main Spillway; • clear and erect concrete production facilities; • prepare barge landings and spoil sites for debris removal within the Thermalito Diversion Pool; • prepare the PG&E and California DWR right of way to realign the compromised 230kV powerlines; and • install fencing to prevent cattle from entering the Project site. Response Actions for the Reconstruction of the Main Spillway The erosion of the hillside by the failure of the main spillway created unstable conditions posing a danger to construction personnel on the left side of the main spillway. Because the hillside is composed of bedrock, blasting of the hillside was ultimately necessary to cut back the unstable slopes. During the various flow outages (between February 2017 to May 2017), temporary access points were constructed to allow California DWR access to inspect the chute and perform stabilization activities. Shotcrete was placed under the remaining slabs on the upper chute to help prevent further erosion of the rock under the slabs; coring of the concrete chute and the underlying bedrock commenced to better understand the condition of the rock; and crews began anchoring the remaining upper chute slabs to the underlying bedrock. The objective of the activity was to get systems in place by November 1, 2017 to accommodate flows from the upcoming 2017/2018 winter storms. Biological Assessment for Project No. 2100-185 - 5 - Response Actions for the Reconstruction of the Emergency Spillway During the emergency response in February 2017, when the flows over the emergency spillway weirs were stopped and the water surface elevation of Lake Oroville was reduced, emergency armoring of the hillside below the weirs commenced. California DWR cut new access roads across the hillside to replace the roads that were washed out and to access all areas of the hillside; large diameter rock was placed into scour holes using helicopters; sections of the hillside were graded and excavated to create benches; approximately 107,000 cubic yards of concrete was placed on the hillside immediately downstream of the weirs to prevent additional erosion should the water surface elevation increase and the emergency spillway be forced into operation again; staging areas and work pads were created; and additional grubbing and tree removal continued adjacent to the main spillway. Soon after, a temporary"shoofly" alignment for high voltage power lines was constructed on the Emergency Spillway hillside, above the original 230kV alignment. 3.0 LISTED SPECIES & CRITICAL HABITAT IN THE ACTION AREA 3.1 Listed Species And Critical Habitat In The Action Area California DWR includes a list of the federally-listed threatened and endangered species that may occur in the action area as part of its amendment application for the emergency response and recovery activities as well as part of its biological evaluation for this emergency consultation. This list was compiled using information from the relicensing proceeding, and supplemented with data from the California Natural Diversity Database and from a September 2017 search of the FWS' online Information for Planning and Consultation database (IPAC). Commission staff accessed the FWS' IPAC database on August 1, 2018, and did not find any additional species known, or with the potential, to occur within the project area. Table 6 below provides a list of the federally- listed species that may occur in the proposed project boundary and those with identified critical habitats. Species Potentially Within the Action Area Common Name Scientific Name Federal Status Birds Southern Bald Eagle Haliaeetus leucocephalus Delisted Yellow-Billed Cuckoo2 Coccyzus americanus Threatened z Designated critical habitat is located in the project area. Biological Assessment for Project No. 2100-185 - 6 - Common Name Scientific Name Federal Status Least Bell's Vireo Vireo bellii pusillus Endangered Reptiles Giant Garter Snake Thamnophis gigas Threatened Amphibians California Red-Legged Frog3 Rana draytonii Threatened California Tiger Salamander Ambystoma californiense Threatened Sierra Nevada Yellow-Legged Frog Rana sierra Endangered Fish Delta Smelt Hypomesus transpacificus Threatened California Central Valley Distinct Oncorhynchus mykiss Threatened Population Segment (DPS) Steelhead Central Valley DPS Spring-Run Oncorhynchus tshawytscha Threatened Chinook Salmon Southern DPS North American Acipenser medirostris Threatened Green Sturgeon Insects Valley Elderberry Longhorn Beetle Desmocerus californicus Threatened dimorphus Crustaceans Conservancy Fairy Shrimp Branchinecta conservatio Endangered Vernal Pool Fairy Shrimp Branchinecta lynchi Threatened Vernal Pool Tadpole Shrimp Lepidurus packardi Endangered Flowering Plants Butte County Meadowfoam Limnanthes floccosa ssp. Endangered Californica Green's Tuctoria Tuctoria greenei Endangered Hairy Orcutt Grass Orcuttia pilosa Endangered Hoover's Spurge Chamaesyce hooveri Threatened Layne's Ragwort Senecio layneae Threatened Slender Orcutt Grass Orcuttia tenuis Threatened Hartweg's golden sunburst Pseudobahia bahiifolia Endangered Pine Hill Flannelbush Fremontodendron decumbens Endangered 3 Designated critical habitat is located in the project area. Biological Assessment for Project No. 2100-185 - 7 - 3.2 Federally-Listed Species Potentially Affected By The Response And Recover Actions Habitat assessments, survey data, and occurrence records indicate that the valley elderberry longhorn beetle has the potential to occur within the action area and may have been affected by the response actions. Therefore, this is the only species that is analyzed in detail in this document. 3.2.1 Species Considered But Excluded From Assessment Based on the action area and the scale of activities, it has been determined that the species identified below will not be impacted by the response and recovery actions. Reasoning for the exclusion of these species from this BA is identified and these species will not be discussed further in this document. • The action area does not contain vernal pools or designated critical habitat for Conservancy fairy shrimp, vernal pool fairy shrimp, vernal pool tadpole shrimp, California tiger salamander, Butte County meadowfoam, Greene's tuctoria, Hairy Orcutt grass, Hoover's spurge, or Hartweg's golden sunburst. • The action area does not contain serpentine or gabbro derived soils which have been identified as the habitat for Layne's ragwort and Pine Hill flannelbush. • The action area does not contain large swaths of mature riparian trees with associated understory, which have been identified as appropriate habitat for Yellow-billed Cuckoo. • The 2007 FWS Biological Opinion issued for the Oroville Facilities Relicensing Project (Project No. 2100), Butte County, California(FWS 2007) states that although suitable habitat for California red-legged frog exists within the project boundary and in the North Fork drainage upstream from the Oroville Dam, this species is not currently known to occur within the area. • The action area is located outside the elevational range which has been identified as suitable for mountain yellow-legged frog. • The action area does not contain or affect aquatic features identified as suitable for supporting giant garter snake, nor does the action area include areas within 200 feet of suitable aquatic features which may be considered upland habitat for giant garter snake. • Southern Bald Eagle is known to occur within the action area; however, it is currently delisted under the federal ESA. As such, the southern bald eagle will not be evaluated in this BA. Impacts to Southern Bald Eagle have been Biological Assessment for Project No. 2100-185 - 8 - addressed through a separate consultation under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. 4.0 ENVIRONMENTAL BASELINE CONDITIONS The valley elderberry longhorn beetle was listed as a threatened species on August 8, 1980, and if afforded full protection under the federal ESA.' The current range of the valley elderberry longhorn beetle extends throughout the Central Valley from approximately Shasta County in the north to Fresno County in the south, and includes the valley floor and lower foothills. Valley elderberry longhorn beetle habitat consists of elderberry thickets located in riparian woodlands, oak woodlands, or grasslands. Adult valley elderberry longhorn beetles deposit their eggs in the bark of living elderberry plants and larvae bore into the pith of stems. The beetles' use of elderberries is not readily apparent; often the only exterior evidence is an exit-hole created by the larva just prior to pupation. A variety of branch sizes are used for larval development and pupation; although, stems 2-4 inches in diameter at the exit hole have been reported to be used most often. Infrequently, exit holes have been found in smaller branches less than 1.5 inches in diameter, but generally not in branches less than 1.0 inch in diameter. Thus, larvae appear to be distributed primarily in large, mature plants with stems greater than 1.0 inch in diameter near ground level. At the time of relicensing, California DWR mapped and surveyed elderberry shrubs using the FWS protocol. Survey results found that approximately 95 acres of valley elderberry shrubs were delineated within the project boundary, with 0.402 acre around Lake Oroville, 2.255 acres in the area downstream from the Oroville Dam and north of Highway 162, and 91.831 acres in the OWA south of Highway 162 and Larkin Road. Forty-five elderberry shrub stems greater than 1 inch in diameter(preferred size of the valley elderberry longhorn beetle) were mapped along the Feather River corridor between Oroville Dam and the Fish Barrier Pool and along the Thermalito Power Canal, elderberry shrubs with stems greater than 5 inches in diameter in high density were located along the levees within the portion of the OWA bordering the Feather River. 5.0 EFFECTS OF THE ACTION During the initial emergency response activities, California DWR biologists surveyed the project area for elderberry shrubs suitable for valley elderberry longhorn beetle habitat. On March 21, 2017, six elderberry shrubs were identified within the action area (i.e., two at spillway left, one near Hyatt, one along Burma Road, and two 4 See Federal Register 45: 52803-52807. Biological Assessment for Project No. 2100-185 - 9 - near the vicinity of Spoil Pile 3). The shrubs were flagged with 25-foot buffer zones and construction crews were instructed to avoid the plants as much as possible. California DWR states it implemented best management practices, to the extent feasible, prior to and during construction activities to reduce potential impacts on the environment. The following list includes implemented best management practices which may have helped to minimize adverse effects on valley elderberry longhorn beetle: • Full time environmental monitoring and pre-project surveys • Onsite weekly environmental awareness training for new personnel • Implementation of site-specific speed limits (typically 15 miles per hour) unless otherwise designated. • Preservation of existing vegetation where feasible (e.g. retaining riparian vegetation as much as possible) • Clearly delineated exclusionary areas for environmentally sensitive sites On March 28, 2018, California DWR began to clear areas for emergency access and staging to repair the damaged main spillway. California DWR informed the FWS that one of the six previously identified shrubs was located in an area to be used at the spillway left as a helipad. The 1-inch stemmed elderberry shrub did not have evidence of exit holes, but needed to be relocated. California DFW removed the elderberry shrub from this location and transplanted it to a location near the Thermalito Afterbay on March 29, 2017. This location was chosen due to the existence of elderberry shrubs in the area, California DWR fee ownership of the property, and because the area is managed by the California DFW. On April 13, 2017, California DWR contacted the FWS concerning a second identified elderberry shrub found within the spillway left area that required transplanting. The FWS responded on April 18, 2018, acknowledging the emergency situation at the project and requesting that the California DWR contact them again to coordinate the long-term management of the transplanted elderberry shrubs. The spillway left shrub was relocated to the OWA to an area in proximity to existing elderberry shrubs. California DWR, after consultation with the FWS on March 28, 2017 and April 13, 2017, implemented the following FWS recommendations during the removal of the two elderberry plants: • The plants were surveyed for the presence of exit holes and the stem count and size were recorded. • Appropriate for relocating the plants was identified nearby but outside of the Biological Assessment for Project No. 2100-185 - 10 - emergency action area. • The plants were removed with as much of the roots intact and transplanted immediately. Both relocated plants are being monitored and are known to have survived through the 2017 summer months. The remaining four identified elderberry shrubs are located within non-riparian areas, are not located near other elderberry shrubs, and none displayed exist holes. Where avoidance and minimization measures outlined in its amendment application are not possible for any future valley elderberry shrubs, California DWR states it is developing an Elderberry Relocation Plan (utilizing comments received from the FWS on November 30, 2017) to move elderberry shrubs to an already identified mitigation site. The Relocation Plan would include planting additional elderberry shrubs and associated species utilizing the FWS's most recent.Framework for Assessing Impacts to the Valley Elderberry Longhorn Beetle from 2017.5 California DWR states it would monitor the plants for up to five years using the defined success criteria and implementation measures, should it not meet success criteria. 7.0 CONCLUSION California DWR worked with the California DFW to relocate the two shrubs immediately and to locations that would not be affected by the actions taken. The locations chosen are existing riparian habitats where known clumps of elderberry shrubs exist. While there were direct impacts to the relocated elderberry shrubs individually at the time of transplantation, it is not likely that the valley elderberry longhorn beetle species were affected given the isolation of the relocated plants, their location in a non- riparian habitat, and the lack of exist holes. For the reasons addressed above, we have determined that the proposed action may have affected, but did not likely adversely affect the valley elderberry longhorn beetle. The actions taken by California DWR to consult with the FWS, implement best management practices while performing the emergency activities, examine the affected shrubs for exit holes, and relocated the affected valley elderberry shrubs to more suitable habitat, likely mitigated any potential harm to the valley elderberry beetle. 5 See https://www.fws.gov/sacramento/documents/VELB Framework.pdf