01EWFW00-2018-I-0615United States Department of the Interior
FISH AND WILDLIFE SERVICE
Washington Fish and Wildlife Office 510 Desmond Dr. SE, Suite 102
Lacey, Washington 98503
In Reply Refer To:
0IEWFW00-2018-1-0615
Tom Webster
Thurston County Public Health and Social Services
412 Lilly Road NE
Olympia, Washington 98506-5132
Dear Mr. Webster:
FEB 2 8 2018
This letter is in response to your request for informal consultation on the City of Yelm Splash
Park located in Yelm, Thurston County, Washington, and its potential effects to the Yelm pocket
gopher (Thomomys mazama yelmensis). Your letter and Biological Assessment (BA) providing
information in support of a "may affect, not likely to adversely affect" determination, were
received on January 31, 2018. It is our understanding that this request for informal consultation
was submitted on behalf of the U.S. Department of Housing and Urban Development (HUD),
which is funding the action. This informal consultation has been conducted in accordance with
section 7(a)(2) of the Endangered Species Act of 1973, as amended(l6 U.S.C. 1531 et seq.)
(ESA).
The Thurston County Public Health and Social Services Department (Thurston County) and
HUD made "no effect" determinations for additional species and designated critical habitat that
are known to occur in Thurston County. Your determinations that the action will have no effect
on these listed species and designated critical habitat rest with the federal action agency. The
U.S. Fish and Wildlife Service (Service) has no regulatory or statutory authority for concurring
with "no effect" determinations, and no consultation with the Service is required. We
recommend that Thurston County and HUD document their analyses, and maintain that
documentation as part of their files.
HUD proposes to fund construction of an approximately 4,000 square ft wet play area (splash
park), including above-and below-ground system components, a potable water collection and
recirculating treatment system, hard surfaces, and fencing, at the existing City Park in downtown
Yelm. Construction will require approximately 45 days. The existing parking area and other
suitable portions of the City Park property will be used during construction for the temporary
staging and stockpiling of equipment and materials.
Tom Webster 2
Sufficient information has been provided to determine the effects of the proposed project to
federally listed species and to conclude whether the project is likely to adversely affect those
species. Our concurrence is based on information included in the BA, successful implementation
of the best management practices and minimization measures described in the BA, and the
following rationale:
Yelm Pocket Gopher
Four subspecies of the Mazama pocket gopher (Thomomys mazama ssp.) occur in Thurston and
Pierce Counties, Washington. On April 9, 2014, the Service published a final rule listing all four
of these subspecies as threatened throughout their ranges (79 FR 19760; April 9, 2014),
including the Yelm pocket gopher.
The project and action area are located within the historic range of the Yelm pocket gopher. The
existing, developed, City Park property is located on suitable soils (Spanaway series, gravelly
sandy loam and stony sandy loam) and positioned less than 0.5 mile from the nearest known
occurrence(s) of the Yelm pocket gopher.
The footprint of the anticipated direct and indirect effects was screened by Service biologists for
the presence of pocket gopher mounds on August 1, September 1, and October 11, 2017. The
screenings did not conclude that there is current pocket gopher use or occupancy.
Construction will result in unavoidable impacts to vegetation and soils. However, habitat
conditions at the existing, developed, City Park property are substantially altered and degraded.
The best available scientific information indicates that the City Park and adjoining properties are
not currently occupied, and based on the pattern of historical and current uses, it appears that
suitable habitat has been absent from these properties for many years. As such, exposure of
Yelm pocket gophers to the effects of the proposed action is extremely unlikely, and therefore
considered discountable.
The foreseeable direct and indirect effects of the proposed action will not degrade or destroy
suitable, occupied habitat. Furthermore, existing conditions on and adjacent to the City Park
property indicate that the proposed action will not further impair habitat connectivity or the
potential for dispersal. Foreseeable direct and indirect effects to the Yelm pocket gopher will not
be measurable, and are therefore considered insignificant.
This concludes informal consultation pursuant to the regulations implementing the ESA (50 CFR 402.13). This action should be reanalyzed if new information reveals effects of the action that
may affect listed species or critical habitat in a manner, or to an extent, not considered in this
consultation. This action should also be reanalyzed if subsequently modified in a manner that
causes an effect to a listed species or critical habitat that was not considered in this consultation,
and/or a new species is listed or critical habitat is designated that may be affected by the action.
Tom Webster
If you have any questions about this letter or our shared responsibilities under the ESA, please contact Ryan McReynolds (360.753.6047; ryan_mcreynolds@fws.gov) or Emily Teachout (360.753. 9583; emily _teachout@fws.gov).
cc: HUD, Seattle, WA (D. Peavler-Stewart)
Sincerely,
JA'f Eric V. Rickerson, State Supervisor / U Washington Fish and Wildlife Office
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