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Upper San Marcos River Texas Wild-Rice

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Upper San Marcos River Texas Wild-Rice United States Department of the Interior FISH AND WILDLIFE SERVICE 10711 Burnet Road, Suite 200 Austin, Texas 78758 512 490-0057 FAX 490-0974 MAY 15 2012 Stephen Brooks Chief, Regulatory Branch U.S. Army Corps of Engineers P.O. Box 17300 USACE No. SWF-2010-00438 Fort Worth, Texas 76102-0300 Consultation No. 02ETAU00-2012-F-0090 Dear Mr. Brooks: This transmits the U.S. Fish and Wildlife Service’s (Service) biological opinion for the U.S. Army Corps of Engineers (USACE) proposed authorization under section 404 of the Clean Water Act (33 U.S.C. 1251-1376) for a City of San Marcos (City) stormwater outfall to the San Marcos River. The City proposes improvements to the stormwater system serving part of downtown San Marcos in the vicinity of Hutchison Street. In accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), the USACE has determined this project may affect two listed endangered species: Texas wild-rice (Zizania texana) and fountain darter (Etheostoma fonticola). The USACE is the Federal agency authorizing this project. The USACE has provided a biological assessment (BA) of the project prepared by the Whitenton Group, Inc. and requested formal consultation in a January 30, 2012, letter. This biological opinion is based on information from: (1) your initiation letter, (2) the BA, (3) conversations with the USACE, Texas Parks and Wildlife Department (TPWD), and Whitenton Group, Inc., (4) field investigations by the Service, TPWD, Texas State University – San Marcos, Baylor University, and BIO-WEST, Inc., and (5) other sources of information. A complete administrative record of this consultation is on file at our office. Consultation History November 10, 2011 Whitenton Group, Inc. provides USACE and Service with description of planned field efforts near proposed Hutchison Stormwater project outfall. December 9, 2011 Service provides Whitenton Group, Inc. with example of BA. January 30, 2012 USACE requests formal consultation. February 13, 2012 Service acknowledges initiation of formal consultation. March 28, 2012 Whitenton Group, Inc. provides additional information on drainage area. May 1, 2012 Service provides draft biological opinion to USACE. May 15, 2012 USACE provides their review of draft biological opinion. Brooks – Biological Opinion 2012-F-0090 Page 2 BIOLOGICAL OPINION The BA identifies nine federally listed species and one candidate species that either may occur in Hays County, Texas or potentially be affected by activities in Hays County (Table 2 of the BA did not include the San Marcos gambusia). Of the 10 listed species, the USACE has determined that the project may affect Texas wild-rice and fountain darter. Additionally, the USACE has determined that the project may affect federally designated critical habitat (CH) of Texas wild- rice and fountain darter. Table 1 summarizes the USACE’s determinations. Species Federal Status USACE Determination bracted twistflower Candidate No Effect Texas wild-rice Endangered May Affect Comal Springs riffle beetle Endangered No Effect Comal Springs dryopid beetle Endangered No Effect San Marcos gambusia Endangered No Effect fountain darter Endangered May Affect San Marcos salamander Threatened No Effect Texas blind salamander Endangered No Effect whooping crane Endangered No Effect golden-cheeked warbler Endangered No Effect black-capped vireo Endangered No Effect Table 1. Listed and Candidate Species Considered in the Biological Assessment. The San Marcos gambusia (Gambusia georgei) is presumed to be extinct. Multiple extensive surveys have not found evidence of the species in the wild; therefore the proposed project will have no effect on the San Marcos gambusia. However, the action area (described below) includes designated critical habitat of the San Marcos gambusia and we include an analysis of the effects of the proposed project on San Marcos gambusia designated critical habitat. This biological opinion does not rely on the regulatory definition of “destruction or adverse modification of critical habitat” at 50 CFR 402.02. Instead, we have relied on the statutory provisions of the Endangered Species Act to complete the following analysis with respect to critical habitat. I. Description of Proposed Action The City has requested authorization from the USACE to make improvements to part of its municipal separate stormwater sewer system (MS4) serving southern downtown San Marcos in Brooks – Biological Opinion 2012-F-0090 Page 3 the vicinity of Hutchinson Street (Figure 1 and Figure 2). The City proposes to make these system upgrades to (1) reduce street flooding by increasing the capacity of the stormwater drainage system, (2) improve the quality of discharged stormwater through the installation of three sediment control structures (one pond and two Vortechs® devices), (3) reconstruct sidewalks and streets in the project area, and (4) replace the existing stormwater outfall structure where stormwater flows into the San Marcos River. The new measures for improving water quality are a settling pond and two Vortechs sediment separators. A Vortechs system is a hydrodynamic separator that treats stormwater and reduces the load of fine sediments, oil, and debris to the receiving stream. The new outfall structure will be larger than the existing outlet to handle a larger volume of runoff, and it will include erosion control measures and bank stabilization. Replacing the existing structure and installing erosion and bank stabilization features will require construction in the river channel and the placement of fill material into the San Marcos River. These activities require authorization from the USACE pursuant to section 404 of the Clean Water Act. Description of the Action Area “Action area” means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (50 CFR 402.02). For the purposes of this biological opinion, the action area includes: (1) the stormwater infrastructure associated with the Hutchison Street drainage project and the area of San Marcos contributing runoff to the project, (2) the San Marcos River from City Park downstream to its confluence with the Blanco River, and (3) nearby roads that may be used during project construction (Figure 3). II. Status of the Species and Critical Habitat Texas wild-rice Texas wild-rice was listed as endangered on April 26, 1978, and its critical habitat was designated on July 14, 1980. Critical habitat includes Spring Lake and its outflow, and the San Marcos River, downstream to the confluence with the Blanco River. Species Description and Life History Texas wild-rice is an aquatic perennial grass. Leaves are about 3 to 6.5 feet long. Texas wild- rice is typically submergent. When flowering, the inflorescence and the upper culms and leaves emerge above the water surface. In slow moving waters, Texas wild-rice functions as an annual, exhibiting less robust vegetative growth, then flowering, setting seed, and dying within a single season. Texas wild-rice forms stands in the San Marcos River at depths from 0.7 to 7.0 feet. The species requires clear, relatively cool, thermally constant (about 72°F) flowing water. Texas wild-rice prefers gravel and sand substrates overlaying Crawford black silt and clay soils (Poole and Bowles 1999, Saunders et al. 2001). Brooks – Biological Opinion 2012-F-0090 Page 4 Reproduction of Texas wild-rice occurs either asexually (clonally) through stolons or sexually via seeds. Asexual reproduction occurs where shoots arise as clones at the ends of rooting stolons (Emery and Guy 1979). Clonal reproduction appears to be the primary mechanism for expansion of established stands, but does not appear to be an efficient mechanism for dispersal and colonization of new areas. Texas wild-rice tillers have, however, been observed floating downstream and some of these tillers may become established plants; but only if lodged in suitable substrate and physical habitat. Seed production is therefore believed to be essential for dispersal and establishment of new stands of Texas wild-rice (Service 1996a). Sexual reproduction occurs when wind pollinated florets produce seed. This typically takes place in late spring through fall, though flowering and seed set may occur at other times in warm years (Service 1996a). Triggers for flowering are not well understood. Texas wild-rice seed is not long-lived, and viability begins to drop markedly within one year of production. No appreciable seed bank is therefore expected. Historic and Current Distribution Texas wild-rice was first collected in the San Marcos River in 1892 (Service 1996a). When the species was originally described in 1933, it was reported to be abundant in the San Marcos River, including Spring Lake and its irrigation waterways (Silveus 1933, Terrell et al. 1978). Beaty (1975) reported about 240 square meters (m2) of coverage, though the survey methodology used is not known. In 1976, Emery surveyed Texas wild-rice and estimated areal coverage at 1,131 m2 in the San Marcos River (Emery 1977). Vaughan (1986) estimated overall Texas wild- rice coverage in 1986 at 454 m2. The Texas Parks and Wildlife Department has monitored Texas wild-rice coverage since June 1989, and its areal extent has ranged from 1,004 m2 (1989) to 4,854 m2 (2010). Texas wild-rice only occurs today in the upper San Marcos River from the vicinity of Spring Lake Dam downstream 5.0 river-kilometers. The most recent rangewide estimate of Texas wild-rice coverage is 3,662 m2 from September, 2011 (BIO-WEST 2012). Reasons for Decline and Threats to Survival Reduced springflow is the greatest threat to the survival of Texas wild-rice. Other threats include water quality degradation, physical alteration of Spring Lake or the San Marcos River, and physical disturbance of the species (Service 1980). Non-native species have also been implicated as a threat to the species. Texas wild-rice is adapted to clear water, uniform flow rate, and constant year-round temperature (Beaty 1975).
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