To the extent practicable, establishment and management of LCR MSCP–created habitats will avoid removal of existing cottonwood-willow stands, honey mesquite bosques, marsh, and backwaters to avoid and minimize impacts on habitat they provide for covered species. Temporary disturbance of covered species habitats, however, may be associated with habitat creation and subsequent maintenance activities (e.g., controlled burning in marshes and removal of trees to maintain succession objectives). LCR MSCP conservation measures that could result in such temporary disturbances will, to the extent practicable, be designed and implemented to avoid or minimize the potential for disturbance. In addition to implementing AMM3 and AMM4 below, these measures could include conducting preconstruction surveys to determine if covered species are present and, if present, implementing habitat establishment and management activities during periods when the species would be least sensitive to those activities; or redesigning the activities to avoid the need to disturb sensitive habitat use areas; staging construction activities away from sensitive habitat use areas; and implementing BMPs to control erosion when implementing ground disturbing activities.

Impacts on groundwater levels that support covered species habitat at Topock Marsh will be avoided by maintaining water deliveries for maintenance of water levels and existing conditions. At times, flow-related activities could lower river elevations to levels that could disrupt diversion of water from the river to the marsh.  Improvements to intake structures that allow water to continue to be diverted or other measures to maintain the water surface elevation will avoid effects on groundwater elevation. Avoidance of effects could be accomplished with the purchase, installation, and operation of two electric pumps sized to the current inflow at the Topock Marsh diversion inlet. The pumps would most likely need to be operated during summer to make up for the lower flow periods.

Implementation of this conservation measure would maintain existing habitat at Topock Marsh for the Yuma clapper rail, southwestern willow flycatcher, Colorado River cotton rat, western least bittern, California black rail, yellow-billed cuckoo, gilded flicker, vermilion flycatcher, Arizona Bell’s vireo, and Sonoran yellow warbler. The extent of covered species habitat impacts that will be avoided by maintaining water deliveries to Topock Marsh are presented in Table 4-2 in the HCP. Maintaining water deliveries to Topock Marsh will also maintain razorback sucker and bonytail habitat associated with disconnected backwaters managed for these species.

To the extent practicable, to avoid and minimize potential impacts on covered bird species, vegetation management activities (e.g., periodic removal of emergent vegetation to maintain canals and drains) associated with implementation of covered activities and the LCR MSCP that could result in disturbance to covered bird species will not be implemented during the breeding season to prevent injury or mortality of eggs and young birds unable to avoid these activities. Table 5-9 in the HCP describes the breeding period for each of the covered species during which, to the extent practicable, vegetation management activities in each species’ habitat will be avoided.

LCR MSCP–created habitats that require irrigation to establish and maintain vegetation to provide habitat will be designed and managed to minimize contaminant loads that could return to the LCR as runoff or return flow. Measures will include vegetation establishment methods that minimize the need for application of herbicides, pesticides, and fertilizers and designing irrigation methods and new irrigation infrastructure to reduce runoff and return-flows to the extent practicable. Use of pesticides is not a covered activity. Pesticides used to establish and maintain LCR MSCP habitats, however, will be applied in accordance with EPA restrictions and, as needed, authorization for their use will be sought under separate permits.

To the extent practicable, before implementing activities associated with OM&R of hydroelectric generation and transmission facilities, measures will be identified and implemented that are necessary to avoid take of covered species where such activities could otherwise result in take. These measures could include conducting surveys to determine if covered species are present and, if so, deferring the implementation of activities to avoid disturbance during the breeding season; redesigning the activities to avoid the need to disturb covered species habitat use areas; staging of equipment outside of covered species habitats; delineating the limits of vegetation control activities to ensure that only the vegetation that needs to be removed to maintain infrastructure is removed; stockpiling and disposing of removed vegetation in a manner that minimizes the risk of fire; and implementing BMPs to control erosion when implementing ground disturbing activities.

To the extent practicable, before initiating activities involved with river maintenance projects, measures will be identified and implemented that avoid or minimize take of covered species where such activities could otherwise result in take. Such measures could include alternative methods to achieve project goals, timing of activities, pre-activity surveys, and minimizing the area of effect, including offsite direct and indirect effects (e.g., avoiding or minimizing the need to place dredge spoil and discharge lines in covered species habitats; placing dredge spoils in a manner that will not affect covered species habitats).