Draft terrestrial resources biological assessment
Effect of the Proposed Action on Tribal Resources or Interests
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- 5.4.1 Mitigation
5.3 Effect of the Proposed Action on Tribal Resources or InterestsThere are no identified impacts on tribal resources or interests. 5.4 Estimating TakeSection 9 of the ESA and regulations pursuant to section 4(d) prohibits the take of endangered and threatened species, respectively, without special exemption. Take is defined “as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect, or to attempt to engage in any such conduct”. Harm is further defined by USFWS to include “significant habitat modification or degradation that results in death or injury to listed species by significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering”. Harass is defined by USFWS as “intentional or negligent actions that create the likelihood of injury to listed species to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering”. Incidental take is defined as “take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity”. Under the terms of section 7(b)(4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited taking under the ESA provided that such taking is in compliance with the terms and conditions of an Incidental Take Statement (ITS). ESA protection afforded to plants depends on status (endangered or threatened). The prohibitions apply equally to live or dead plants, their progeny, and parts or products derived from them, except that clearly labeled seeds of cultivated origin of threatened plants are exempt. ESA prohibitions may be found in section 4 (d), section 9 (a)(2), 50 CFR 17.61, and 50 CFR 17.71 and are outlined as follows: A. Federally Listed Endangered Plants--it is unlawful to commit, to attempt to commit, to cause to be committed, or to solicit another to commit the following acts: Import or export (into, out of, or through the U.S.) Remove and reduce to possession from Federal property Engage in interstate or foreign commerce Maliciously damage or destroy on Federal property Remove, cut, dig up, damage, or destroy on private property in violation of any law or regulation of any state including state criminal trespass law B. Federally Listed Threatened Plants--it is unlawful to commit, to attempt to commit, to cause to be committed, or to solicit another to commit the following acts: Import or export (into, out of, or through the U.S.) Remove and reduce to possession from Federal property Engage in interstate or foreign commerce Permits are available to allow persons to carry out each of the above-listed prohibited activities. For endangered plants, permits may be issued for (1) scientific purposes, (2) enhancement of propagation or survival of the species, or (3) economic hardship. For threatened plants, the activity may be for scientific purposes, the enhancement of propagation or survival of the species, economic hardship, botanical or horticultural.] The proposed action has the potential to take listed VPFS and suitable habitat that supports VPFS, Cook’s lomatium and large-flowered woolly meadowfoam. Mechanisms by which take might occur include habitat alteration or removal, and water quality and quantity impacts through alteration of the existing hydrologic scheme. Construction of new impervious surface associated with the roadway may potentially disturb soils important to maintaining hydrology within vernal pool complexes and thus supporting listed species. Prohibiting take of VPFS would indirectly serve to protect not only shrimp but also listed Cook’s lomatium and large-flowered woolly meadowfoam that are associated with VPCs that are suitable habitat. The Project proposes to minimize and avoid take to the extent practicable by implementation of conservation measures, but is still anticipating take associated with the loss of up to 12.38 acres of VPC habitat (this amount includes the maximum affected area with the proposed alternatives to date. This acreage is subject to change upon final determination of the Build Alternative). To offset take of endangered species, ODOT proposes to mitigate for direct and indirect effects to VPC habitat impacts in accordance with the PBO (USFWS 2011). FHWA and ODOT recognize that USFWS may recommend additional reasonable and prudent conservation measures to further minimize and avoid potential take associated with the proposed Project. 5.4.1 MitigationMitigation ratios for impacts to vernal pool wetland complexes, as described in the PBO, are provided in Table 5-4. Mitigation requirements are dependent on the amount and value of vernal pools that would be impacted, either directly or indirectly, and whether the mitigation site proposes to preserve VPC habitat or enhance or restore VPC habitat.
Mitigation areas were calculated in the following manner: Vernal pools with a conservation ranking of “high” require a 3:1 ratio, meaning three acres of vernal pool must be created or restored for every acre either directly or indirectly affected by the proposed project. Vernal pools with a conservation ranking of “medium” require a 2.5:1 ratio and pools with a ranking of “low” require a 2:1 ratio. Applying the ratios identified in Table 5-4, Table 5-5 presents the maximum anticipated mitigation required for direct and indirect project impacts to VPC habitat. Tables 5-5 and 5-6 provide a reference for mitigation acreages per the project elements at the time of publication of this assessment.
ODOT and the Services have identified 10 potential vernal pool sites where mitigation, through conservation and restoration, may occur. Of these ten sites, three suitable sites have been identified as suitable for vernal pool mitigation, as agreed to by the USFWS (ODOT, 2011). At the time of this assessment, ODOT was investigating the feasibility of acquiring (or acquiring access) to the three sites. Consequently, no detailed information on the potential sites is available to evaluate in this assessment. Directory: HWY62 -> Terrestrial BA Terrestrial BA -> Draft Terrestrial Resources Biological Assessment oregon highway 62 corridor solutions project Download 486.24 Kb. Share with your friends:
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