Draft terrestrial resources biological assessment
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- 7.1.1 Summary of Effects on California / Nevada Vernal Pool Fairy Shrimp
- 7.1.2 Summary of Effects on Designated Critical Habitat of California / Nevada Vernal Pool Fairy Shrimp
- 7.2 Pacific Region Cook’s Lomatium
- 7.3 Pacific Region Large-Flowered Woolly Meadowfoam
- 7.3.2 Summary of Effects on Designated Critical Habitat of Pacific Region Large- Flowered Woolly Meadowfoam
- 8.0 References
7.0 Finding of EffectThe following section summarizes project effects and relates such impacts to the specific anticipated project effects on ESA-listed species and their CH, where designated. 7.1 California / Nevada Vernal Pool Fairy ShrimpIn the short-term, the proposed action is anticipated to affect Vernal Pool Fairy Shrimp directly, through construction of project elements directly vernal pool complex habitats potentially occupied by VPFS individuals or populations. The proposed project would potentially result in indirect impacts to vernal pool complex habitat, and thereby to VPFS, as a result of altering or disrupting the hydrological regime that supports vernal pools and changing land uses, potentially increasing pollution, sedimentation to local pool bottoms, invasive species introduction, and increased disturbance to adjacent uplands. Long term impacts may include indirect losses through habitat fragmentation, impaired water quality, introduction of noxious weeds, and alteration of existing hydrologic scheme. Wetland pools may lose their ability to hold water if the hardpan is damaged or disturbed through construction activities, thereby losing their hydrologic component. Loss of hydrology would render unviable any population using that pool complex. Indirect benefits would include control and/or removal of noxious weeds within the project footprint, and implementation of an aggressive weed control program upon project completion. Creation / restoration of vernal pool habitat, as a measure to directly address habitat loss, would also benefit vernal pool fairy shrimp, though not initially. This benefit may take some time to realize as establishment of a viable, breeding population of shrimp is difficult to accomplish. However, establishment, through restoration or creation, of suitable habitat for VPFS would also likely benefit Cook’s lomatium and large-flowered woolly meadowfoam as habitat requirements for these species are similar. As stated previously, ODOT is in consultation with USFWS regarding providing VPC mitigation banks (ODOT 2011). 7.1.1 Summary of Effects on California / Nevada Vernal Pool Fairy ShrimpAfter evaluating the potential impacts and effects, FHWA and ODOT conclude that the proposed actions described for the Oregon Highway 62 Corridor Solutions Project would result in more than a negligible chance of “take” for California/Nevada vernal pool fairy shrimp. Consequently, the FHWA finds the proposed action “may affect, (and is) likely to adversely affect” California/Nevada vernal pool fairy shrimp. The Project proposes to minimize and avoid “take” to the extent practicable by implementation of conservation measures. To offset unavoidable “take” of VPFS, ODOT proposes to mitigate for direct and indirect effects to VPC habitat impacts in accordance with the PBO (USFWS 2011). Taking into consideration the proposed avoidance and minimization measures and proposed off-site mitigation, FHWA and ODOT assert that the proposed project will not jeopardize the continued existence of the species. FHWA recognizes that USFWS may recommend additional reasonable and prudent conservation measures to further minimize and avoid potential take associated with the proposed Project. 7.1.2 Summary of Effects on Designated Critical Habitat of California / Nevada Vernal Pool Fairy ShrimpThe proposed action “may affect, (and is) not likely to adversely affect” critical habitat designated for the California / Nevada vernal pool fairy shrimp. As stated under section 4.1.2, it appears as though there is a slight geospatial error in digital mapping for the DCH. Field observations indicated that areas of proposed disturbance are currently not suitable habitat. The proposed conservation measures would limit potential project related effects to the project action area. Negative impacts to habitat would be mitigated through the implementation of BMPs as both standard specification for ODOT and through requirement as per the USFWS PBO. Permanent, positive improvements to local habitat, through the removal and control of noxious weeds, treatment of stormwater runoff, and protection/enhancement of off-site mound-vernal pool habitat complexes is expected upon project completion. 7.2 Pacific Region Cook’s LomatiumShort term effects to Pacific Region Cook’s lomatium include direct removal of individual specimens due to project implementation and / or alteration of populations to the point at which they are no longer considered viable. Indirect impacts include loss of suitable habitat (VPCs) through degradation of water quality, sedimentation and dust due to construction activities, damage to underlying hardpan thereby altering necessary water regimes with the wetland area, and introduction of pollutants from accidental spills during construction. Long term effects may include slight increases in development within the region. Additional impervious surface discharge to local wetlands may result in an increase in water quantity. If said discharges are not treated, water quality may suffer. Introduction or invasion of non-native species may occur due to nearby landscaping that does not incorporate native plants. If the wetland water regime changes due to disturbance to the local soils or intercept of existing surficial runoff, non-native species may outcompete lomatium in the drier community. Benefits of project implementation would include the acquisition of off-site VPC habitat for preservation and/or restoration of impacted habitat onsite. Propagation of new populations, as suggested by ODOT, may occur, should the Service agree to this strategy. Implementation of an aggressive weed control program as part of ongoing maintenance may be required and implemented. Removal of non-native species will allow existing lomatium populations to more easily expand into suitable habitat, as there will be less competition for resources (water, sunlight, space). 7.2.1 Summary of Effects on Pacific Region Cook’s Lomatium Construction of project elements would remove mound-vernal pool habitat known to support Pacific Region Cook’s lomatium. Therefore, FHWA finds the proposed action “may affect, likely to adversely affect” Pacific Region Cook’s lomatium. The proposed alignment of both the SD and DI alternatives crosses a known, viable population of lomatium near the airport. Several, if not all, individuals would be impacted. Should the number of survivors, if any, be greatly reduced, repopulation is not likely and the existing population will be eliminated. This action will likely not affect the species as a whole but will likely eliminate an existing population. ODOT and FWS are in continuing consultation regarding this proposed alignment. Currently, ODOT is proposing to harvest seed prior to construction for use in a vernal pool complex mitigation bank, constructed to address impacts to VPFS habitat (Pers. Communication D. Sharp, ODOT, 2011). 7.2.2 Summary of Effects on Designated Critical Habitat of Pacific Region Cook’s Lomatium The proposed action “may affect, and is likely to adversely affect” critical habitat designated for the Pacific Region Cook’s lomatium. The proposed alignment of both interchange designs near the airport crosses a sizeable area of vernal pool habitat and lomatium DCH. Direct impacts to DCH are unavoidable with the current design. The proposed alignment would eliminate most of the habitat in this area and severely degrade the rest through the reduction of natural hydrology (curbed systems are proposed for this section of roadway that will be directed to stormwater treatment ponds). 7.3 Pacific Region Large-Flowered Woolly MeadowfoamDue to coincidental habitat requirements, effects of the Project on Pacific Region large-flowered woolly meadowfoam are expected to be similar to those discussed under Section 7.2 for Cook’s lomatium. 7.3.1 Summary of Effects on Pacific Region Large-Flowered Woolly MeadowfoamConstruction of project elements would remove mound-vernal pool habitat known to support Pacific Region large-flowered woolly meadowfoam. Therefore, FHWA finds that the proposed action may affect, (and is) likely to adversely affect Pacific Region large-flowered woolly meadowfoam. As stated under section 7.2, the proposed interchange alternatives cross through a known, viable population of meadowfoam near the airport (Pers. Communication Sam Friedman, USFWS, 2011). Under the currently designed alignment, the roadway will likely eliminate all individuals of meadowfoam, or severely reduce the existing population to the point where repopulation is not possible. This is not anticipated to affect the species as a whole but will severely impact a local population. 7.3.2 Summary of Effects on Designated Critical Habitat of Pacific Region Large- Flowered Woolly MeadowfoamThe proposed action may affect, (and is) likely to adversely affect critical habitat designated for the Pacific Region large-flowered woolly meadowfoam. As stated under section 7.2.2, the proposed alignment of both interchange designs near the airport crosses a sizeable area of vernal pool habitat and meadowfoam DCH. Direct impacts to DCH are unavoidable with the current design. The proposed alignment would eliminate most of the habitat in this area and severely degrade the remaining areas through the reduction of natural hydrology (curbing is proposed for this section of roadway, directing surficial runoff to stormwater treatment ponds). As a result of the above findings, FHWA is requesting formal consultation with USFWS in accordance with Section 7 of the ESA. 8.0 ReferencesCode of Federal Regulations (C.F.R.). 50 C.F.R. § 17.9720 (October 1, 2005). Friedman, S. USFWS Regional Biologist. Personal communication. March 14, 2011. Johnson, D.R. 1992. Soil Survey of Jackson County Area, Oregon. U.S. Department of Agriculture, Soil Conservation Sciencein cooperation with the Oregon Agricultural Experiment Station. Mason, Bruce & Girard (MB&G). 2000. Threatened and Endangered Species Technical Report 2. Oregon Department of Transportation, Highway 62 Corridor Solutions Project. Portland, Oregon. MB&G. 2008. Terrestrial Biological Resources Technical Report. Oregon Department of Transportation, Highway 62 Corridor Solutions Project. Portland, Oregon. May Consulting. 1999. Analysis of soil samples for the presence of federally listed large branchiopods. Unpublished Report, Walnut Grove, California. Oregon Biodiversity Information Center (OBIC). 2010. Documented occurrences of rare, threatened, and endangered plant and wildlife records within a 2-mile radius of the proposed project area. Oregon Biodiversity Information Center. Portland State University. Portland, Oregon. (September 20, 2010) Oregon Department of Agriculture (ODA). 2010. Oregon Listed Plants (by County). ODA Plant Division, Plant Conservation.http://www.oregon.gov/ODA/PLANT/CONSERVATION/county_list_a.shtml#Jackson Oregon Department Of Transportation (ODOT). 2008a. Highway 62 Corridor Rare Plant Survey Results (unpublished). ODOT, Salem, Oregon. ODOT. 2006. Supplemental Standard Specifications for Highway Construction, Section 00100. ODOT. 2008. Standard Specifications for Highway Construction, Section 00290.00 Environmental Protection ODOT. 2008a. Guidance Manual for Writing Biological Assessment Documents. Oregon Department of Transportation. Salem, Oregon. ODOT. 2008b. Endangered Species Act Guidance Manual. Oregon Department of Transportation. Salem, Oregon. ODOT. 2009. Draft Traffic Technical Resources Report, Oregon 62 Corridor Solutions Project: OR 62 Traffic Analysis. URS for ODOT. Salem, Oregon. ODOT. 2011. Draft Terrestrial Biological Assessment Approach for Impacts to Vernal Pools: Highway 62 Corridor Solutions Project. Unpublished. Oregon Department of Transportation, Region 3: Rogue Valley Office. White City, Oregon. Sharp, D. ODOT Region 3 Environmental Project Manager. Personal communication. March 18, 2011. Rogue Valley Metropolitan Planning Organization. 2009. Rogue Valley Metropolitan Planning Organization, Regional Transportation Plan, 2009-2034 URS. 2006. Alternatives Considered for the Highway 62 Corridor Solutions Project. URS Corporation for ODOT. Portland, Oregon. URS 2010a. Terrestrial Resources Technical Report. ODOT, Highway 62 Corridor Solutions Project. Portland, Oregon. URS 2010b. Water Resources Technical Report. ODOT, Highway 62 Corridor Solutions Project. Portland, Oregon. URS. November 2010c. Vernal Pool Habitat Assessment. ODOT, Highway 62 Corridor Solutions Project. Unpublished. URS 2009. Highway 62 Corridor Solutions Project Draft Environmental Impact Statement. Portland, Oregon. URS. 2011. Land Use and Planning Technical Report. ODOTHighway 62 Corridor Solutions Project. URS Corporation, Portland, Oregon. URS. 2011a. Final Wetland Resources Technical Report, Highway 62 Corridor Solutions Project. Prepared for the Oregon Department Of Transportation. Portland, Oregon. USFWS. 2002a. Proposed Endangered Status for the Plants Lomatium cookii (Cook's lomatium) and Limnanthes floccosa ssp. grandiflora (Large-Flowered Woolly Meadowfoam) in Oregon. Federal Register 65:30941-30951. http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2000_register&docid=fr15my00-28.pdf USFWS. 2002b. Endangered Status for the Plants Lomatium cookii (Cook's lomatium) and Limnanthes floccosa ssp. grandiflora (Large-Flowered Woolly Meadowfoam) in Oregon. Final Rule. Federal Register 67, No 216. 68004-68015. USFWS. 2003.. Endangered and Threatened Wildlife and Plants; Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon. Federal Register 68: 46684. USFWS. 2005. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon USFWS, California / Nevada Operations Office. December 15, 2005. http://www.fws.gov/sacramento/es/recovery_plans/vp_recovery_plan_links.htm USFWS. 2006. Draft Recovery Plan for Listed Species of the Rogue Valley Vernal Pool and Illinois Valley Wet Meadow Ecosystems. USFWS, Region 1. Portland, Oregon. USFWS. 2006a. Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants; Final Rule. Federal Register 71:7118-7166. USFWS. 2009. Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Limnanthes floccosa ssp. grandiflora (Large-Flowered Woolly Meadowfoam) and Lomatium cookii (Cook’s Lomatium). Proposed Rule. Federal Register 74, No 143. U.S. Fish and Wildlife Service. Region 1. Portland, Oregon. pp. 37313 – 37392 USFWS. 2007. Endangered and Threatened Wildlife and Plants; Removing the Bald Eagle in the Lower 48 States From the List of Endangered and Threatened Wildlife. Federal Register 72. No. 130. 37346 – 37372. USFWS. 2008. Guidance to Assist in the Assessment of, and Conservation Efforts for, Vernal Pool Systems on the Agate Desert, Jackson County, Oregon. USFWS. 2010a. Final Critical Habitat for Vernal Pool Fairy Shrimp (Branchinecta lynchi) - Vernal Pool Species. Digital geospatial data. http://criticalhabitat.fws.gov/docs/crithab/zip/fch_71fr7118_brly_2009.zip USFWS. April 2010b. Species Assessment and Listing Priority Form for Siskiyou mariposa lily. http://ecos.fws.gov/docs/candidate/assessments/2010/r8/Q0AL_P01.pdf USFWS. 2011. Programmatic Formal Consultation on the US Fish and Wildlife Service’s Vernal Pool Conservation Strategy for Jackson County, Oregon. FWS Reference Number 13420-2011-F-0064 U.S. Geological Survey (USGS). 1983a. Eagle Point, Oregon. 7.5 minute quadrangle, 1:24000 USGS. 1983b. Medford East, Oregon. 7.5 minute quadrangle, 1:24000 USGS. 1983c. Medford West, Oregon. 7.5 minute quadrangle, 1:24000. Williamson, R.J., Fogg, E.F., Rains, M.C., and Harter, T.H. 2005. Hydrology of Vernal Pools at Three Sites, Southern Sacramento Valley. Final Technical Report. Department of Land, Air and Water Resources, Hydrologic Sciences Graduate Group, UC Davis. 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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