Draft terrestrial resources biological assessment
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- 1.5 Consultation Requirement
- 1.6 Consultation History
1.4 Project HistoryIn 1997, ODOT formed a Solutions Team to evaluate ways to improve transportation in the OR 62 Corridor. The original study area included the OR 62/I-5 interchange in Medford (known as the North Medford Interchange or Exit 30) and continued northeast to White City. This study area was subsequently divided into two phases: Unit I (North Medford Interchange) and Unit II (OR 62 from I-5 through White City). Improvements for Unit I have been completed and are operational. This assessment evaluates Unit II of the Project, which addresses current and future highway capacity needs for a 7.5-mile segment of OR 62 from I-5 in Medford north to West Dutton Road in White City. A principal component of the Project is development of a limited access Bypass that would assist in conveying traffic from I-5 north to White City. In late 2006, the limited access Bypass was selected as the preferred approach to address the stated purpose and needs for a solution for Unit II, based on the recommendation of the Project Development Team (PDT) and the Citizen Advisory Committee (CAC). The alternatives analysis, decision making process, and conclusions are documented in the technical report Alternatives Considered for the Highway 62 Corridor Solutions Project (URS 2006) At the time of this assessment, the DEIS was still being completed for this project.The DEIS evaluates two Build Alternatives and three Design Options that are under consideration. This BA evaluates the two Build Alternatives and three Design Options detailed in the DEIS for potential impacts to Terrestrial Resources within the project study area, as a Preferred Alternative has not yet been selected. 1.5 Consultation RequirementSection 7 of the ESA of 1973 (16 United States Code (U.S.C.) § 1536), as amended, requires federal agencies to consult with the USFWS on any action, or proposed action, permitted, funded, or undertaken by the agency that may affect a species listed (or proposed for listing) as threatened or endangered under the ESA or affect the DCH of listed species. Section 7(a)(2) of the ESA, entitled "interagency cooperation," establishes the process whereby federal action agencies, their applicants (e.g., state transportation agencies), and the USFWS (hereafter, referred to as “Service”) work together to ensure that proposed actions are not likely to jeopardize the continued existence of listed species or destroy or adversely modify their DCH. Implementing procedures are set forth in 50 Code of Federal Regulations (C.F.R.) 402. The proposed Project involves the reconfiguration of an interstate highway interchange, construction of a Bypass state highway, and modification to associated surface streets. Project funds, provided by the Federal Highway Administration (FHWA) and administered locally by ODOT, provide the nexus for this assessment of impacts under Section 7 of the ESA. VPCs are designated as critical habitat for California / Nevada vernal pool fairy shrimp. Vernal pool fairy shrimp are currently listed as “threatened” under the ESA. Based on discussions during pre-consultation and the findings in this assessment, FHWA finds the following: The proposed action “may affect, and is likely to adversely affect” California / Nevada vernal pool fairy shrimp and “may affect, (and is) likely to adversely modify or destroy” its DCH. The proposed action “may affect, (and is) not likely to adversely affect designated critical habitat 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 action “may affect, (and is) likely to adversely affect” Pacific Region Cook’s lomatium. Proposed alignment of both the SD and DI alternatives cross a known, viable population of lomatium near the airport. Project elements will likely not affect the species as a whole but will likely eliminate an existing population. 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 action “may affect, (and is) likely to adversely affect Pacific Region large-flowered woolly meadowfoam. The proposed interchange alternatives cross through a known, viable population of meadowfoam near the airport. This is not anticipated to affect the species as a whole but will severely impact a local population. The proposed action “may affect, (and is) likely to adversely affect” critical habitat designated for the Pacific Region large-flowered woolly meadowfoam. 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. Taking into account avoidance and mitigation measures, implementation of Best Management Practices (BMPs) during construction, post-construction site restoration, and off-site mitigation for unavoidable impacts, it is unlikely that the proposed action will jeopardize the continued existence of this species within its range. This BA is prepared in compliance with Section 7(a)(2) of the ESA and in support of “formal consultation” between the USFWS and FHWA. FHWA is the lead federal entity for the proposed action, with ODOT acting as its designated non-federal entity, per 50 C.F.R. 402.08. 1.6 Consultation HistoryIn anticipation of the proposed project’s impacts to ESA-listed species or DCH, ODOT communicated with the Services through periodic CETAS meetings from 2001 to the present. Agency briefings and site visits were conducted on June 16, 1999 and June 7 and 8, 2000. The purpose of these briefings was to present information updates on the Project, review project study area conditions and solicit agency comments on project issues related to endangered, threatened and candidate terrestrial species and vernal pools (MB&G 2000). During the June 2000 meeting, the vernal pool delineation and mapping conducted by MB&G was reviewed and an initial reconnaissance of the wetland resources in the project study area was also made. Wetland delineations conducted within the project study area in 2000 by MB&G were based upon results of that agency meeting and the location and extent of the original Build Alternatives for the Project. A second agency scoping meeting was held on October 4, 2004 at the Jackson County Public Works Auditorium in White City, Oregon. The scoping meeting included a tour of the project study area. The purpose of the scoping meeting was to provide agency representatives with an update of the Project and to solicit initial comments and concerns of the Project. The site visit component of the scoping meeting stopped at several locations to review wetland and vernal pool conditions, as well as known rare plant populations. The level of wetland and vernal pool delineations conducted until that time (from 1998 to 2004) was discussed. The agency representatives were also shown the VPC located north of Upton Creek and east of the recent extension of Lear Way where cysts of the vernal pool fairy shrimp were first identified in the 1999 and 2000 protocol sampling. Representatives attending the scoping trip included Debbie Timms (ODOT), Jerry Vogt (ODOT), Mike Arneson (ODOT), Ken Cannon (ODOT), John Renz (Department of Land Conservation and Development (DLCD)), David Leal (USFWS), Stephen Wille (USFWS), Sam Friedman (USFWS), Dan Van Dyke (ODFW), Nick Fortey (FHWA), Susan Sturges (U.S. Army Corps of Engineers (Corps)), Mike McCabe (Oregon Department of State Lands (DSL))), Mark Hynson (MB&G), and John Lloyd (MB&G). At the February 20, 2007 CETAS meeting, ODOT Region 3 staff presented an overview of the Range of Alternatives developed and analyzed for the OR 62 DEIS. The purpose of the presentation to inform CETAS members on the alternatives development process and analysis work that had been performed to date. The second was to request their concurrence on the alternatives that would be advanced into the DEIS. During their concurrence discussions, some members requested additional information on specific areas of environmental impact and requested a comparison of existing alternatives. In addition, members requested an analysis of the potential of the indirect hydrological impacts to vernal pools. A May 3, 2007 field meeting was held in Medford with CETAS members to review the Project. Attendees included Ken Cannon (ODOT), Brad Livingston (ODOT), Jerry Marmon (ODOT), Jim Collins (ODOT), Tom Loynes (NMFS), Jon Germond (ODFW), Art Martin (ODFW), David Leal (USFWS), Russ Klassen (DSL), Dominic Yballe (Corps), Michael Turaski (Corps), Michelle Eraut (FHWA), Yvonne Vallette (Environmental Protection Agency (EPA)) and Terry Kearns (URS). Additional CETAS meetings were held on April 2008 and May 2010 to provide project updates and discuss minor design changes, including the addition of Design Option C. A June 2010 field meeting was held in Medford with ODOT staff to discuss vernal pool mitigation options and tour ODOT’s vernal pool mitigation/conservation bank. Attendees included Paul Benton (ODOT), Anna Henson (ODOT), Doug Sharp (ODOT), Brad Rawls (URS), Noah Herlocker (URS), and Danni Kline (URS). On August 6, 2010 a follow-up meeting occurred to discuss project changes since 2007 and preparation of this BA. Project goals and objectives were presented to CETAS for concurrence. Concurring members included Sally Puent (Oregon Department of Environmental Quality (DEQ)), Bob Cortright (DLCD), Russ Klassen (DSL), Yvonne Vallette (EPA), Devin Simmons (NMFS), Jon Germond (ODFW), Matthew Diederich (State Historic Preservation Office (SHPO)), Jaimee Davis (Corps), and David Leal (USFWS). A Biological Opinion (PBO) was issued by the Services on January 26, 2011, regarding “activities related to conservation and development within vernal pool habitat near Jackson County, Oregon and the impacts of these activities on VPC species (USFWS 2011). Consultation is on-going between ODOT and USFWS regarding mitigation efforts for impacts to specific populations and DCH near the Airport. During the project planning process, ODOT has been working with local city and county agencies to ensure the Project conforms to the local regulations and planning ordinances. Most notably, ODOT has been involved with the Rogue Valley Council of Governments (RVCOG) in their development of the Agate Desert Wetland Conservation Plan (WCP). The purpose of this WCP is to effectively conserve vernal pool wetland habitat and the associated rare, endangered, and threatened plant and animal species, while balancing social and economic benefits to the community. Part of this effort included creation of a vernal pool map ranking the conservation value of VPCs in the Agate Desert. 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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