servheen_vs_dh.doc

VERIFIED STATEMENT OF GREGG N. SERVHEEN

My name is Gregg Servheen. I am employed the Idaho Department of Fish and Game as a natural resource staff biologist. My business address is 1540 Warner Avenue, Lewiston, Idaho 83501. My background experience include bachelor and master’s degrees in fish and wildlife management and 12 years of experience in fish and wildlife research and management with the Idaho Department of Fish and Game. I am familiar with location of the Grangeville line and the area immediately adjacent to the rail bed.
A significant portion of the rail line runs along and at time crosses Lapwai Creek. This perennial stream drains an estimated 150,400 acres and lies in entirely within the Nez Perce Indian Reservation. Fish species found in Lapwai Creek include steelhead trout, northern pike minnow, chiselmouth chub, large scale sucker, redside shiner, speckled dace, and paiute sculpin. Smallmouth bass and Chinook salmon have also been observed in Lapwai Creek. The steelhead trout is a federally protected threatened species. Lapwai Creek has steelhead production from approximately stream mile 10.9 to stream mile 20.4. Juvenile and young-of-the-year steelhead densities of 68 fish per 100 square meters have been reported in rearing habitats in Lapwai Creek. There is an estimated 18 miles of anadromous fish spawning and rearing habitats in Lapwai Creek.
The Grangeville line crosses Lapwai Creek and its tributaries no less than nine different times. The rail line also runs within the flood plain of Lapwai Creek for a significant portion of the stream. Past construction of railroad bridges and the rail bed has restricted the stream’s access to the flood plain, channelized the stream, increased stream energies and increased flooding.
Given the presence of the federally protected steelhead and its critical habitat, any salvage, abandonment, and maintenance operations of the line must be carefully planned to avoid harm or injury to the fish or its habitat. Under the Endangered Species Act, it is illegal for any person to engage in any conduct that would harm a protected species. “Harm” is defined in the code of federal regulations as an act which actually kills or injures a protected species or conduct which significantly degrades habitat essential for breeding, spawning, rearing, migrating, feeding, or sheltering. These activities or acts may include: 1) Removing or altering rocks, soil, gravel, vegetation or other physical structures that are essential to the integrity and function of a listed species’ habitat; 2) Altering stream flow in a matter that significantly impairs spawning, migration, feeding or essential behavioral patterns; 3) Constructing or maintaining or using inadequate bridges on stream banks or unstable hill slopes above stream habitats; 4) Conducting earth-moving or other operations that substantially increase the amount of sediments going into streams; 5) Conducting land-use activities that may disturb soil and increase sediment delivery in the streams; 6) Conducting various streambed disturbances such as removing gravel or other work in or adjacent to stream channels; and 7) Disturbing or repairing shoreline or streambanks.
To protect and recover federally listed steelhead and other fish species and habitats, the Department recommends that the Board require a Track Salvage and Stream Restoration Work Plan be prepared to protect stream habitats during salvage operations and restore instream habitats degraded by rail construction and maintenance. This Track Salvage and Stream Restoration Work Plan should include actions necessary to: (1) increase channel capacity at rail bridge crossings, (2) restore floodplain access and channel capacity, (3) reduce fugitive dust generated during salvage activities; (4) reduce the scattering or disbursal of ballast and other rail bed materials; (5) prohibit the introduction of sediments into waterways caused by the removal of bridges and their approaches along stream courses; (6) identify and prevent hill slope mass wasting/land slides; (7) prevent rail bed material erosion. A hydrology report may also be necessary to address stream hydrology and other flood plain issues.
In instances where salvage operations may be immediately adjacent to the rail bed or in locations where salvaging of the rail bed may indirectly affect Lapwai Creek, we also recommend sedimentation control devices be installed and permitted work windows be observed.
We recommend the Board should require the Railroad to implement these salvage and restoration in the Stream Restoration Work Plan to safeguard and recover federally protected species and their habitats as well as sustain water quality and adjacent streamside environments in Lapwai Creek. We recommend no salvage operation should be allowed until a Track Salvage and Stream Restoration Work Plan has been approved by the Idaho Department of Fish and Game, the Idaho Department of Environmental Quality, and the National Marine Fisheries Service.

VERIFICATION

State of Idaho )
) ss
County of Nez Perce )

GREGG SERVHEEN, Idaho Department of Fish and Game, being duly sworn, deposes and states that he has read the foregoing Verified Statement, knows the facts asserted therein, and that the same are true as stated.

GREGG SERVHEEN

SUBSCRIBED AND SWORN to before me this day of July 2000.

Notary Public, State of Idaho
Resident in ________________, Idaho

My Commission expires on:

STB DOCKET NO. AB-546
V.S. GREGG SERVHEEN 3