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05/21/98 16: 18 $9169792770 FISH & WILDLIFE ljj006 If elderberry plants with one or more stems measuring 1.0 inch or greater in diameter at ground level occur on,or adjacent to, the proposed project site, or are otherwise located where they may be directly or indirectly effected by the proposed action,mitigation is required(see below). Elderberry plants with no stems measuring 1.0 inch or greater in diameter at ground level are unlikely to be habitat for the beetle because of their small size and/or immaturity. Therefore,no mitigation is required for plants with no stems measuring 1.0 inch or greater in diameter at ground level. Surveys are valid for a period of two years. Avoid and Protect Habitat Whenever Possible Project sites that do not contain beetle habitat are preferred. If suitable habitat for the beetle occurs on the project site, these areas should be designated as avoidance areas that will be protected from disturbance during the construction and operation of the project. When possible, avoidance areas should be delineated to connect with adjacent habitat,to prevent fragmentation and isolation of beetle populations. Any beetle habitat that cannot be avoided as described below should be considered impacted and appropriate mitigation should be proposed as described below. Two Levels of Avoidance: Core and Bu fuer Core avoidance area includes all area within 20 feet of the dripline of any elderberry plant with a stem measuring 1.0 inch or greater in diameter at ground Ievel. Core avoidance areas should not be disturbed during or after construction or during operation of the project. Buffer avoidance area includes all area within 100 feet of any elderberry plant with a stem measuring 1.0 inch or greater in diameter at ground level. Firebreaks may not be included in the buffer zone. In buffer areas construction-related disturbance should be minimized, and any damaged area should be promptly restored following construction. The Service should be provided with a map and%witten details identifying the avoidance area. Protective Measures 1. Fence and flag all areas to be avoided. Provide a minimum setback of at least 20 feet from the dripline of each elderberry plant. 2. Brief contractors on the need to avoid damaging the elderberry plants and the'possible penalties for not complying with these requirements. 3. Put up signs every 50 feet along the edge of the avoidance areas with the following information: ."This area is habitat of the valley elderberry Ionghorn beetle,a threatened species,and must not be disturbed. This species is protected by the Endangered Species Act of 1973,as amended. Violators are subject to prosecution,fines,and imprisonment." The signs should be clearly readable from a distance of 20 feet,and must be maintained for the duration of construction. 4. Instruct work crews about the status of the beetle and the need to protect its elderberry host plant. 2