July 31, 2001 151422SWR01SR486:CAA/JMA

Mr. William E. Snyder

Division Chief, Forest Practice

California Department of Forestry and Fire Protection

135 Ridgway Avenue

Santa Rosa, California 95401

Dear Mr. Snyder:

The National Marine Fisheries Service (NMFS) has received and reviewed the proposed Timber Harvest Plan (THP) 1-01-170 SCR submitted to the California Department of Forestry and Fire Protection (CDF) by Roger and Michelle Burch, timberland owners. The proposed harvest plan lies within the ranges of the following species which have been listed as threatened under the federal Endangered Species Act (ESA): Central California Coast (CCC) Evolutionarily Significant Unit (ESU) coho salmon (Oncorhynchus kisutch) listed as threatened on October 31, 1996 (61 FR 56138) and CCC ESU steelhead trout (Oncorhynchus mykiss) listed as threatened on August 18, 1997 (62 FR 43937).

The cover letter to the NMFS attached to the THP requests that the NMFS provide CDF a written determination with supporting explanation as to whether this THP would result in either a ‘taking’ or ‘finding of jeopardy’ with respect to listed salmonids. Since CDF’s approval of the proposed THP is not a federal action, ‘jeopardy’ is not the standard for THP reviews. CDF, the plan submitter and the timberland owner bear the responsibility of ensuring forest practice activities are not resulting in ‘take’ of listed salmonids and are being approved and implemented in compliance with the ESA and other applicable laws.

The cover letter also states, “..., CDF will ensure the THP includes feasible measures to either avoid impacts to Coho Salmon and its habitat or to ensure impacts are reduced to a level of insignificance.” Nowhere in the Federal ESA sections dealing with take of a listed species do the concepts “feasible measures” or “impacts...reduced to a level of insignificance” appear. Timber harvest activities have been identified under the definition of “harm” (64 FR 6072) as an action that may result in a take of a listed species under the ESA. Take of coho salmon is prohibited pursuant to section 4(d) of the ESA concurrent with the listing (61 FR 56138). Take of steelhead trout is prohibited pursuant to section 4(d) of the ESA (65 FR 42422). Absent an ESA section 4(d) limitation on the take prohibitions dealing with forestry activities in California or an ESA section 10(a)(1)(B) permit, the standard for timber harvest planning and approval in California is no take.

To evaluate the potential impairment of salmonid behavior patterns (e.g. spawning, rearing, migrating and sheltering), NMFS staff participated in a field review on July 10, 2001 of the Lompico THP (1-01-170 SCR). NMFS has determined the proposed THP operations if implemented, without additional modifications, is likely to impair essential behavior patterns as defined by the “Harm” rule (November 8, 1999, 64 FR 6072). NMFS is herein providing written documentation of THP revisions that NMFS finds necessary for this plan to avoid, to the maximum extent practicable, the unauthorized taking of federally listed anadromous salmonids. The measures presented herein were tailored to avoid adverse effects to federally listed salmonids per operations associated with this harvest plan and based, as much as feasible, on site specific conditions and the availability of information provided in the planning document. These recommendations are the best that can be provided by the NMFS without a comprehensive watershed assessment addressing cumulative impacts to threatened salmonids and their habitats.

NMFS’ recommendations are guided by the Salmonid Conservation Measures for a Short-Term Habitat Conservation Plan (Short Term HCP Guidelines) and Salmonid Guidelines for Forestry Practices in California (Salmonid Guidelines) presented to the California Board of Forestry in December of 1999 (See Attachments).

The plan submitter and timberland owner may propose alternative measures that demonstrate to the NMFS that adverse effects to CCC ESU coho salmon (if present) and CCC ESU steelhead trout in Lompico Creek will not occur if operations proceed differently than those recommended by the NMFS. In addition, NMFS’s recommended revisions need not preclude future timber harvest opportunities by the landowner for the areas currently suggested by the NMFS for no harvest. A state conservation standard for anadromous salmonids could be developed and, if accepted by the NMFS, would allow the plan submitter to amend the harvest plan to meet such standards and minimize ESA liability. Also, the landowner could obtain an approved Habitat Conservation Plan per section 10(a)(1)(A) of the ESA.

Summary of Proposed Operations

Silviculture: 204 Acres Selection

Equipment: Tractors, skidders, and helicopter

Erosion Hazard: Moderate, High, and Extreme

Unstable Areas: Yes

Winter Operations: Yes

Class I Zones: 150 foot (slope distance) watercourse and lake protection zone (WLPZ)

Class I Canopy: 85% postharvest overstory canopy for first 75 feet from the transition line

65% postharvest overstory canopy (25% conifer) in the remaining WLPZ

Class II Zones: Slopes < 30% 50 foot WLPZ

Slopes 30-50% 75 foot WLPZ

Slopes >50% 75 foot WLPZ (25 feet reduction for helicopter)

Class II Canopy: 70% postharvest overstory canopy in the first 25 feet of WLPZ

65% postharvest overstory canopy within the remainder of the WLPZ

50% overstory canopy on Class II’s dry by June 1

25% conifer overstory remaining postharvest

Class III Zones: Slopes < 30% 25 foot equipment limitation zone (ELZ)

Slopes 30-50% 50 foot ELZ

Class III Canopy: No described canopy retention standards

Instream Activity: No

Acres in THPs approved in the Zayante Watershed within last 10 years: Approximately 1324

Total acres in Zayante Watershed Assessment Area: Approximately 10,749

Acres in THPs approved in Newell Creek Watershed within last 10 years: Approximately 1162

Total acres in Newell Creek Watershed Assessment Area: Approximately 6,224

Impaired Waterbody [Section 303(d) of the Clean Water Act]: Yes; Sediment Impaired

Setting

Lompico and Zayante Creeks are tributaries to the San Lorenzo River that drain an area of 138 square miles, discharging to Monterey Bay at the City of Santa Cruz, Santa Cruz County, California. The San Lorenzo River is the primary municipal water source of the greater Santa Cruz area, with approximately 85,000 customers (County of Santa Cruz 2000). Approximately 75,000 people live within the watershed and obtain water supply from smaller streams and groundwater basins within the watershed (County of Santa Cruz 2000).

Watersheds within the San Lorenzo River are convoluted and incised with many ridges and deep ravines. Slow downward soil movement and landslides are the natural erosional processes chiefly responsible for forming the topography of this area. Numerous faults cross the San Lorenzo Valley and pose a potential geologic hazard and contribute overall to sediment loading in the Santa Cruz Mountains (Balance Hydrologics, Inc. 1998). Redwood (Sequoia sempervirens) and Douglas-fir (Pseudotsuga menziesii) are the dominant overstory species within the less urbanized portions of Zayante and Lompico Creeks.

Summary of Field Outing

On July 10, 2001 NMFS staff participated in the preharvest inspection for the proposed plan. Much of the plan area was reviewed in the field to include the main haul route, the proposed

helicopter landing and service area, all of the fishbearing stream within harvest boundaries and more than half of the Class II and III watercourses.

A number of flagged WLPZs were measured to evaluate consistency between ground operations and those proposed in the THP document. At random, a Class I and Class II watercourse and lake protection zone (WLPZ) buffer zone were measured using a loggers tape. The Class I measured 150 feet; the Class II measured 72 feet (3 feet short of meeting the standards identified in the THP of 75 feet). All watercourses reviewed had been appropriately classified by the forester and his technicians. The stand of timber consists mainly of medium to densely stocked second growth redwoods near the watercourses to mixed redwood and Douglas-fir along the midslope and ridge areas. All harvest trees within the Class I WLPZ were marked and facilitated the assessment of the expected postharvest canopy conditions. There were very few trees marked for harvest within the flagged Class I WLPZ. Trees within the Class II WLPZs and along Class IIIs were not marked prior to the preharvest inspection and thus made review and assessment of postharvest conditions more problematic. Inner gorge zones, unstable slopes and exposed bedrock occur across the ownership.

The RPF indicated, due to current existing overstory canopy levels along the Class I portion of Lompico Creek, a no-harvest zone of approximately 75 feet (slope distance) would be implemented for this THP. This prescription was not described in the THP due to the RPF concluding, post THP submission, that adequate pre-harvest canopy conditions did not exist.

Historical Impacts and Existing Conditions for Threatened Coho Salmon

CCC ESU coho salmon are believed to have become extirpated from the San Lorenzo River watershed during the drought of the late 1980s through the early 1990s. When rainfall events did occur during this period, it was often during the later portion of the winter. Since the upstream migration of spawning coho salmon in coastal California runs between November and January, it is likely the prolonged drought was the proximate cause in the species’ extirpation. The ultimate reason likely resulting in extirpation of the species within the San Lorenzo River watershed, including Zayante Creek, is likely due to impacts from anthropogenic habitat alterations. The population of CCC ESU coho salmon experienced a spiraling decline (Table 1) as human impacts to the watershed became more pronounced. These impacts created instream habitat conditions unfavorable to the species’ persistence within the watershed.

Overall, coho salmon (if present) in Lompico or Zayante Creeks are susceptible to any activity within the upper watershed, including effects associated with urbanization, timber harvest, private road construction and maintenance, septic tank failure, summer dam construction, and legal and illegal water diversions.

Table 1: Estimates of CCC ESU coho salmon spawning runs in the San Lorenzo River (State Water Resources Control Board (SWRCB) 1982)

Year	Number Estimated by;	Estimated # of Adults
1953-54	SWRCB Staff	2,367 - 4,7391
1954-55	SWRCB Staff	7,056 - 14,113
1964	Johnson	5,000 - 10,000
1965	Calif. Fish & Wildlife Plan	2,000
1970-71	SWRCB Staff	2,270 - 4,540
1971-72	SWRCB Staff	1,509 - 3,018
1972-73	SWRCB Staff	1,296 - 2,593
1976-77	CDF&G Count	174
1977-78	County of Santa Cruz	600
1978-79	CDF&G Count	100
1978-79	SWRCB Staff	0
1979-80	CDF&G Count	77
1980-81	CDF&G Count*	(20)
1981-82	Kelly, CDF&G Game	“Just a few”
1981-82	Smith	Small non-sustaining population in Bean and Fall Creeks

*None of the California Department of Fish and Game counts are complete, however, the 1980-1 count was extremely brief.

Systematic juvenile salmonid surveys by Alley (1999, 2000) within the San Lorenzo River and its tributaries have occurred since 1994. These surveys occurred on 33 sample sites and have failed to detect the presence of juvenile coho salmon.

A population should be large enough to have a high probability of surviving environmental variation of the patterns and magnitudes observed in the past and expected in the future. Droughts, pinniped predation, cycles in ocean conditions, and upslope mass wasting events are considered normal aspects of the background environment to which the species has evolved adaptation strategies to persist. Due to the rate of anthropogenic-induced inputs into, and subsequent modifications of, coho salmon freshwater habitats, these habitats are destroyed faster than they are naturally created within the watershed. This has led to the extirpation of the species within the action area, the watershed, and most streams south of San Francisco Bay.

Historical Impacts and Existing Conditions for Threatened Steelhead

Steelhead trout populations in the CCC ESU have suffered a significant decline from historic levels. The extent of these declines are commensurate to the declines documented within the San Lorenzo River watershed (Table 2).

Table 2: Estimates of CCC ESU steelhead trout spawning runs in the San Lorenzo River (SWRCB 1982; Alley 2000). Estimates from Alley (2000), for 1996 through 2001), were based on juvenile population surveys and extrapolated as future adult spawning production. Prior estimates were derived from the given year’s actual adult steelhead trout spawning effort.

Year	Number Estimated by;	Estimated # of Adults
1953-4	SWRCB	9,475 - 18,950
1954-5	SWRCB	28,225 - 56,450
1964	Johnson	20,000
1965	Calif. Fish & Wildlife Plan	23,000
1970-1	SWRCB	9,080 - 18,160
1971-2	SWRCB	6,035 - 12,070
1972-3	SWRCB	5,185 - 10,370
1976-77	CDF&G Count	1,614
1977-78	County of Santa Cruz	3,000
1978-79	CDF&G Count	625
1978-79	SWRCB	633
1979-80	CDF&G Count	496
1980-81	CDF&G Count*	(261)
1981-82	Kelly, CDF&G	“good run”
1996-97	Alley	1,076
1997-98	Alley	1,784
1998-99	Alley	1,541
1999-2000	Alley	1,308
2000-01	Alley	2,468

*None of the California Department of Fish and Game counts are complete, however, the 1980-1 count was extremely brief.

Factors Affecting Declining Anadromous Salmonids

A variety of factors, both anthropogenic and natural, have played a role in the decline of coho salmon and steelhead trout in Zayante and Lompico Creeks. Natural events, such as floods, droughts, and ocean productivity cycles, have adversely affected steelhead trout and coho salmon populations throughout their evolutionary history and yet both species persisted. However, the adverse effects of natural factors and the pervasive anthropogenic destruction and degradations of essential freshwater habitats have dramatically reduced the resiliency of both species. The following is a summary of factors affecting spawning and rearing habitats in the action area.

Human Population Growth and Urbanization.

Human population growth, with its attendant increased demand for resources may be the “most clear and present danger” to native fishes in California (Thelander 1994). Effects associated with urbanization included wet and dry season runoff, impaired water quality, and increased sedimentation that are typically associated with lower fish species diversity and abundance (Weaver and Garman 1994). The negative impacts of urbanization are apparent throughout Zayante and Lompico Creeks (CDF&G 1996) resulting in decreased habitat quality throughout the two watersheds.

Water Diversion.

Since the mid-1800s, the majority of watersheds in California have been transformed from their natural conditions by the construction of water diversion and storage facilities. Depletion and storage of natural flows have drastically altered natural hydrological cycles in many California rivers and streams, including those inhabited by CCC ESU coho salmon and CCC ESU steelhead trout.

Demands on upstream and downstream resources likely occur and may reduce the quantity of surface discharge and essential features of critical habitat for rearing and emigrating coho salmon. Ground water within the Lompico Aquifer in the San Lorenzo Valley is overdrafted by as much as 450% (Al Haynes, personnel communication 2001) and ground water levels have dropped as low as 90 feet below historic levels (Denise Duffy & Associates, Inc. 1999).

While amounts of water diverted, directly or through groundwater drafting, from Lompico and Zayante are unknown, it is likely flows are reduced to some extent as indicated by the domestic water diversion operated by the Lompico Water District. Any such increased water demand for domestic or agricultural uses that decreases stream flows will negatively affect salmonids. Alteration of streamflows negatively affect salmonids for a variety of reasons: migration delays resulting from insufficient flows or habitat barriers; loss of usable habitats due to dewatering and blockage; stranding of fish resulting from rapid flow fluctuations; entrainment of juveniles into unscreened or poorly screened diversions; and increased lethal and sublethal effects resulting from increased water temperatures (Bergren and Filardo 1993; Chapman and Bjornn 1968; NMFS 1996). In addition, reduced flows degrade or diminish fish habitats via increased deposition of fine sediments in spawning gravels, decreased recruitment of new spawning gravels, and encroachment of riparian and non-endemic vegetation into spawning and rearing areas.

Conclusions

Lompico Creek has been severely degraded due to anthropogenic activities within the watershed. Instream conditions within the Lompico Creek watershed were evaluated by CDF&G (1996) and are considered heavily impaired due to: (1) sedimentation from illegal grading of private roads, home sites and the lack of vegetation around home sites; (2) degraded water quality from septic systems and storm water runoff; (3) lack of stream flows due to water diversions (riparian and appropriative) during critical summer flows, and (4) timber harvest practices which add sediment to the creek. A stream inventory conducted by CDF&G in August 1997 concluded that: instream temperatures were above optimal levels for juvenile salmonids; complex high quality instream woody debris was lacking; area should be treated to reduce the potential of fine sediment introduction to the stream; trash should be removed from creek; dams should be removed and exotic plants should be removed from the riparian zone.

In light of the aforementioned issues, the NMFS proposes the following recommendations to THP 1-01-170 SCR to ensure operations minimize the likelihood of unauthorized take of CCC ESU coho salmon (if present) and CCC ESU steelhead trout in the Lompico Creek watershed:

Class I and Class II Watercourses

To protect the functions and processes of the riparian zone an Aquatic Protection Zone (APZ) shall be established and measured from the outer edge of the bankfull channel (at the 20-year return interval) out to a site potential tree height for this zone: 150 feet. This distance is measured horizontally. Within the APZ the following restrictions apply:

‘No timber harvest activities other than falling and emergency road work during the winter period (November 15 – April 1).

‘No operations within 48 hours after 1/4" of precipitation between April 1 and May 1.

‘No timber operations within 24 hours after 1/4" of precipitation between May 1 and October 15.

‘Between May 1 and October 15 erosion control facilities shall be installed on all used skid tails and logging roads prior to the end of the day if the National Weather Surface forecasts a 30% or more chance of rain within 24 hours.

‘Roads and skid trails shall be outsloped wherever appropriate and feasible. Excess fill, perched material, outside berms and inside ditches shall be removed wherever appropriate and feasible.

‘Visits to the plan area during the winter period shall be conducted at least three times with visits made to check for properly functioning drainage structures on truck roads, landings and skid trails. Site visits shall be document by the person conducting the visit with the inclusion of name, time, date, location, structure, function status and if additional erosion control measures where necessary.

Additional Information

Plan approval, even for those harvest plans reviewed by NMFS, does not constitute authorization for the incidental taking of federally listed species pursuant to the ESA of 1973 (16 U.S.C. 1531 et seq.).

The NMFS reserves the right to conduct an inspection of active operations and/or post‑harvest conditions under escort by the CDF inspector. Thank you for your cooperation in this matter. You may reach me at 707-575-6059 if there are any questions.

Sincerely,

Patrick J. Rutten, Supervisor

Protected Resources Division

Santa Rosa Field Office

Enclosure

cc: Irma Lagomarsino, NMFS

Jim Lecky, NMFS

References Cited

Alley, D. W. May 1999. Comparisons of juvenile steelhead densities, population estimates and habitat conditions for the San Lorenzo River, Santa Cruz County, California, 1994-98; with predicted adult returns. Prepared for City of Santa Cruz Water Dept., Santa Cruz County Environmental Planning and the San Lorenzo Valley Water District. Project# 150-02.

Alley, D. W. June 2000. Comparisons of juvenile steelhead densities, population estimates and habitat conditions for the San Lorenzo River, Santa Cruz County, California, 1995-99; with an index of adult returns. Prepared for the City of Santa Cruz Water Dept., Santa Cruz County Environmental Planning and the San Lorenzo Valley Water District. Project# 150-03.

Balance Hydrologics, Inc. 1998. An assessment of streambed conditions and erosion control efforts in the San Lorenzo River watershed, Santa Cruz County, California. Rep. Prepared for Environmental Health Dept., Santa Cruz Co., California. July 13, 1998.

Bergren, T. J. and M. J. Filardo. 1993. An analysis of variable influencing the migration of juvenile salmonids in the Columbia River Basin. N. Am. J. of Fish. Man. 13:48-63.

California Department of Fish and Game. 1996. Letter to Mr. Jim Steel, Environmental Services Division, from Ms. Jennifer Nelson and Ms. Patricia Anderson, Region 3, Monterey, regarding stream specific coho salmon habitat deficiencies and limitations; coastal streams of San Mateo and Santa Cruz Counties currently supporting coho salmon or under consideration for coho salmon recovery efforts. 16 February 1996.

California Department of Fish and Game. 1997. Stream Inventory Report for Lompico Creek.

Chapman, D. W., and T. C. Bjornn. 1969. Distribution of salmonids in streams, with special reference to food and feeding, p. 153-176. In: T. G. Northcote (ed.). Symposium on Salmon and Trout in Streams. H. R. MacMillan Lectures in Fisheries. Institute of Fisheries, Univ. of British Columbia, Vancouver, BC. 388p

County of Santa Cruz. March 2000. San Lorenzo wastewater management plan. Program status report 1996-1998. Health Services Agency, Environmental Health Service, Santa Cruz, California.

Denise Duffy & Associates, Inc. December 1999. Draft environmental impact report for the Mount Hermon Christian Conference Center master plan. Prepared for County of Santa Cruz Planning Department. Denise Duffy & Associates, Inc., 947 Cass Street, Suite 5, Monterey, California 93940.

Haynes, A. 2001. San Lorenzo Valley Water District, Watershed and Planning Analyst. Boulder Creek, California.

NMFS (National Marine Fisheries Service). 1996. Factors for decline; a supplement to the notice of determination for West Coast steelhead under the Endangered Species Act. Portland, OR. 80p.

State Water Resources Control Board-draft. September 28, 1982. Draft staff report for fact-finding hearing Zayante Creek/Lower San Lorenzo River and the upper San Lorenzo River instream beneficial use protection program. Prepared by staff of: State Water Resources Control Board.

Thelander, C. G., ed. Life on the Edge; A guide to California’s endangered natural resources: Wildlife. 1994. BioSystems Books, Santa Cruz. 550 pgs.

Weaver, L. A., and G. C. Garman. 1994. Urbanization of a watershed and historical changes in a stream fish assemblage. Trans. Am. Fish. Soc. 123:162-172.