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Biological Opinion and Conference Opinion Fire Island Inlet to Moriches Inlet Fire Island Stabilization Project Suffolk County, New York

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Biological Opinion and Conference Opinion Fire Island Inlet to Moriches Inlet Fire Island Stabilization Project Suffolk County, New York Biological Opinion and Conference Opinion Fire Island Inlet to Moriches Inlet Fire Island Stabilization Project Suffolk County, New York, Prepared for: U.S. Army Corps of Engineers 26 Federal Plaza New York, New York 10278 Prepared by: U.S. Fish and Wildlife Service Northeast Regional Office Hadley, Massachusetts 01035 Paul Phifer Assistant Regional Director 1 Table of Contents Table of Contents………………………………………………………………………………….2 Introduction………………………………………………………………………………………..4 Consultation History………………………………………………………………………………5 BIOLOGICAL OPINION………………………………………………………………......……10 I. Description of the Proposed Action……………………………………………………………9 A. Background and General Description…………………………………………………9 B. Corps’ Preferred Alternative…………………………………………………………11 C. Endangered Species Conservation Measures………………………………………...15 Seabeach Amaranth……………………………………………………………………………...25 II. Status of the Species……………………………………………………………………..25 III. Environmental Baseline………………………………………………………………….34 IV. Effects of the Action……………………………………………………………………..38 V. Cumulative Effects………………………………………………………………………46 VI. Conclusion……………………………………………………………………………….47 Piping Plover……………………………………………………………………………………..48 II. Status of the Species………………………………………………………………..........48 III. Environmental Baseline………………………………………………………………...106 IV. Effects of the Action………………………………………………………….………...121 V. Cumulative Effects …………………………………………………………….…........138 VI. Contributions Toward Minimizing Adverse Effects……………………………...……139 VII. Conclusion……………………………………………………………………………...143 VIII. Reasonable and Prudent Measures…………………………………………….….........149 IX. Terms and Conditions……………….………………………………………………….151 X. Reinitiation Notice……………………………………………………………………..153 CONFERENCE OPINION……………………………………………………………………..153 Rufa Red Knot………………………………………………………………………………….153 II. Status of the Species……………………………………………………………………153 2 III. Environmental Baseline………………………………………………………………...174 IV. Effects of the Action……………………………………………………………………175 V. Cumulative Effects……………………………………………………………………..179 VI. Conclusion……………………………………………………………………………...182 LITERATURE CITED…………………………………………………………………………184 Appendix 1. Estimated abundance of Atlantic Coast piping plovers, 1986-2013 Appendix 2. Estimated abundance of breeding piping plovers by recovery unit, 1986-2013 Appendix 3. Piping plover productivity per Recovery Unit from 1987 to 2013 Appendix 4. Corps letter amending BA of March 4, 2014. 3 INTRODUCTION This document transmits the U.S. Fish and Wildlife Service’s (Service) Biological and Conference Opinion (Opinion) addressing the U.S. Army Corps of Engineers’ (Corps) proposed Fire Island Inlet to Moriches Inlet, Fire Island Stabilization Project (FIMI). At issue are the effects of the proposed action on the threatened piping plover (Charadrius melodus; Atlantic Coast population) and the threatened seabeach amaranth (Amaranthus pumilus; threatened), and on the rufa red knot (Calidris canutus rufa; red knot), a proposed species for listing under the ESA as threatened. This Opinion was prepared in accordance with section 7 of the Endangered Species Act (ESA) of 1973 as amended (16 U. S.C. 1531 et seq.). The Corps’ biological assessment (BA) and request for formal consultation was accepted by the Service on March 4, 2014, and amended May 21, 2014. The Corps requested, and the Department of the Interior (DOI) agreed to, an expedited consultation timeframe, requiring that the Service complete the Opinion on or about 60 days after acceptance of the section 7 initiation package. This deviates from the normal timeframe for consultation of 135 days (50 CFR Part 402.14e). The Service has used all the means at our disposal in an attempt to meet this sharply truncated timeline. This Opinion is based on information provided in the Corps’ final BA (; U.S. Army Corps of Engineers, February 2014a), along with other sources of information cited herein. The BA is herein incorporated by reference. A complete decision record for this consultation is on file at the Service’s Long Island Field Office in Shirley, New York. Based on an analysis of the impacts of the proposed project presented in the BA, the Corps determined that the proposed project "may affect, and is likely to adversely affect" the federally- listed piping plover (Charadrius melodus; threatened) and seabeach amaranth (Amaranthus pumilus; threatened). This determination means that listed resources are likely to be exposed to the action or its environmental consequences and will respond in a negative manner to the exposure. The BA did not provide a determination for the rufa red knot (Calidris canutus rufa; proposed) or roseate tern (Sterna dougallii dougallii; endangered). With respect to ESA compliance, all aspects of the Corps’ project description in the Service's biological opinion will be binding, including the specific nature, timing, and extent of dune and beach construction, as well as all conservation measures agreed to by the Corps and Service. In addition to the piping plover and seabeach amaranth, the roseate tern is occasionally observed roosting on Fire Island and breeding on the islands in the Great South Bay. However, no nesting activity of roseate terns on Fire Island has been documented. No Critical Habitat for the roseate tern has been designated in New York. After consideration of the project description and conservation measures, we do not anticipate 4 any adverse impacts to the roseate tern from the proposed project. Therefore, no further coordination with the Service is required pursuant to the ESA is required for this species. Should project plans change, or if additional information on this species becomes available, this evaluation may be reconsidered. CONSULTATION HISTORY The history of the consultation request includes any informal consultation, prior formal consultations on the action, documentation of the date consultation was initiated, a chronology of subsequent requests for additional data, extensions, and other applicable past or current actions (U.S. Fish and Wildlife Service and National Marine Fisheries Service 1998). Dec. 9, 2013 The Corps transmits via electronic transmission the plan layout designs for the entire FIMI Project. The plan includes dune and beach construction in piping plover and seabeach amaranth habitat on Fire Island, at areas including Robert Moses State Park, Fire Island Lighthouse Beach, Robbins Rest, Ocean Bay Park, Point O’ Woods, Cherry Grove, Fire Island Pines, Water Island, Davis Park, and Smith Point County Park. The plan also includes beach fill tapers (lateral extensions of dune and beach fill) on most of the major federal tracts on Fire Island, including the Federal Wilderness Area. Dec. 13, 2013 The Service transmits written correspondence to the Corps, providing the Service’s recommendations to avoid or minimize impacts to listed and proposed species and their habitats. These recommendations include changes in dune alignment and beach elevation on federal properties at Lighthouse Beach and in the Robbins Rest area to maximize protection of partial overwash habitats at these sites. The Service also recommended a “Berm only” design profile and maximum berm elevation of 9 feet (ft) National Geodetic Vertical Datum (NGVD) at Smith Point County Park in the area in front of the overwash habitats on Fire Island near Pattersquash Island, Narrow Bay, and New Made Island. Other recommendations including, but not limited to, sediment textural compatibility and vegetation density were also provided. Dec. 16, 2013 The Corps transmits via electronic transmission a preliminary Draft Environmental Assessment (Draft EA). The Draft EA includes two alternatives, a “No Action Alternative” and a “Beach Fill Alternative.” The Corps notes that the BA for piping plover, seabeach amaranth, and roseate tern is being revised based on the December 13, 2013, meeting and 5 is not included with the preliminary Draft EA. Dec. 18, 2013 The Corps convenes a meeting with the Service, National Park Service (NPS), New York State Department of Environmental Conservation (NYSDEC), Suffolk County Department of Parks, Recreation and Conservation, and the Suffolk County Department of Public Works at their New York District Office to discuss endangered species conservation measures and habitat restoration alternatives in the proposed project area. The Corps slightly modifies the dune alignment at Fire Island Lighthouse Beach and Robbins Rest to address the Service’s December 13, 2013, comments. The Corps also proposes to lower tolerance limits for berm elevation to 0.5 ft from 1.0 ft, proposes several options for vegetation maintenance throughout the project area, and habitat restoration near the east end of Smith Point County Park in an area known as Great Gun Beach. Dec. 19, 2013 The Corps provides via electronic transmission its final proposed dune and berm alignment for the Smith Point County Park portion of the project area. The alternative includes dune and beach construction, vegetation maintenance in piping plover breeding habitat, and habitat restoration at the eastern end of Smith Point County Park. Jan. 9, 2014 In response to the Corps’ December 19, 2013, correspondence, the Service transmits written correspondence to the Corps identifying additional alternatives the Corps should consider for the Smith Point County Park portion of the project area. Jan.10, 2014 The Corps sends via electronic transmission updated project plans for a portion of the project at Smith Point County Park. The plans are identified as draft concept
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