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Scanned Document United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Colorado Field Office P.O. Box 25486 DFC (65412) fN REPLY REFER TO: Denver, Colorado 80225-0486 ES/CO: COOT TAILS: 06E24000-2015-F-0508 JUN 1 2015 John Cater, Division Administrator Federal Highway Administration 12300 West Dakota Avenue, Suite 180 Lakewood, Colorado 80228 Dear Mr. Cater: In accordance with section 7 of the Endangered Species Act (Act) as amended (16 U.S.C. 1531 et seq.) and the Interagency Cooperative Regulations (50 CFR 402), this document transmits the U.S. Fish and Wildlife Service's (Service) final biological opinion on impacts to the federally threatened Colorado hookless cactus (Sclerocactus glaucus) from the Federal Highway Administration's (FHWA) authorization and funding of a bridge replacement project on Delta County Road 650 (CR650) and Escalante Creek near Delta in Delta County, Colorado. The project will be constructed in cooperation with the Colorado Department of Transportation (CDOT) and Delta County. Critical habitat for the species has not been designated; therefore, none will be affected. Your March 5, 2015, request for formal consultation was received by the Service on March 10, 2015. This biological opinion is based on the project proposal as described in your March 5, 2015, biological assessment titled "Biological Assessment for the Proposed Bridge Replacement Project over Escalante Creek, Delta County Road 650, Delta County, Colorado," as well as subsequent emails. The biological assessment addresses the potential direct, indirect, and cumulative impacts to listed species due to the bridge replacement. The Service concurs with your determination that the proposed project is likely to adversely affect the Colorado hookless cactus. In addition, you requested concurrence with your determination that the project is not likely to adversely affect the Yellow-billed Cuckoo (Coccyzus americanus), as well as the four Colorado River fish species or their designated critical habitats_(the bonytail chub (Gila elegans), the humpback chub (G. cypha), the Colorado pikeminnow (Ptychocheilus Lucius), and the razorback sucker (Xyrauchen texanus)). We concur with your determination because the effects of the project are expected to be insignificant or discountable for the reasons below. Mr. John Cater, Escalante bridge replacement, SCGL, biological opinion Page2 Yellow-billed cuckoo • Nesting habitat does not occur in the project area. • Habitat that could potentially be used during migration does exist in the project are~, but_ none will be directly affected. All impacts to this habitat will be indirect (increase m noise, dust, human activity) and will be temporary. Colorado River fishes " • None of these species are likely to be present in Escalante Creek. • Structures designed to retain any sediment produced by the project will reduce the amount of sediment in Escalante Creek and the Gunnison River to an insignificant level. Colorado River Fishes Designated Critical Habitat • No critical habitats have been designated in the project area. • Structures designed to retain any sediment produced by the project will reduce the amount of sediment in Escalante Creek and the Gunnison River to an insignificant level. CONSULTATION HISTORY On May I, 2014, CDOT conducted a habitat assessment to determine if habitat capable of supporting threatened or endangered species was present on the project site. On May 17, 2014, CDOT conducted a survey for the Colorado hookless cactus and five individuals were detected. Notes, maps, and photos were taken. Coordination between CDOT and the U.S. Bureau of Land Management (BLM) identified a location where affected Colorado hookless cactus could be relocated. Personnel to assist in the relocation were also identified. Your biological assessment was received March 18, 2015. BIOLOGICAL OPINION DESCRIPTION OF THE PROPOSED ACTION FHWA, CDOT, and Delta County propose to replace the 15-fo ot wide, 60-foot long truss bridge on CR650 over Escalante Creek (Figure I). The bridge is structurally deficient due to its narrow width and it is also deteriorating. Project elements include approach grading, relocation of a private driveway and a drainage culvert. Further, a temporary detour and bridge will be constructed south of the current bridge. The existing roadway will be re-aligned to improve curvature, shoulders, and bridge approach, including cut, fill, compaction and drainage features. Once the existing bridge is removed, the new bridge abutments will be excavated and the new abutments will be installed by driving piles. The concrete box girders will be set and the bridge deck will then be constructed and the piers will be protected by rip-rap. The rip-rap will cover Mr. John Cater, Escalante bridge replacement, SCGL, biological opinion Page 3 60 bank feet on the west bank and 35 bank feet on the east. The new roadway will be paved with asphalt, and guardrail and signage will be placed. All temporarily disturbed areas will be seeded with native plant species. The project is expected to require approximately 12 months to complete, and is expected to temporarily disturb approximately four acres and will permanently disturb an additional two acres. These estimates are based on a low level of design, and are likely to be less. One cactus will be affected by the temporary detour. Efforts were made to move the detour, but other locations were not feasible given the site's topography. Conservation Measures Conservation measures are actions pledged in the project description that are implemented to further the recovery of the species. • Standard structural water quality best management practices will be implemented prior to construction and maintained through the completion of the project. This will ensure that project-related sediment remains on site and does not enter Escalante Creek, and eventually, the Gunnison River. This measure will minimize the effect the project has on the bonytail chub, Colorado pikeminnow, humpback chub, and razorback sucker by minimizing the amount of foreign material in the river. All temporary sediment control materials will be removed immediately after construction is complete. • All disturbed areas will be seeded with native plant species. Once established, the vegetation will discourage the spread of invasive weeds and will encourage the return to pre-construction behavior by the local fauna. • The detour will consist of a span bridge, as opposed to dirt covered pipes, to ensure that the project will not inhibit fish movement in Escalante Creek. • A Senate Bill 40 (SB40) certification will be obtained from Colorado Parks and Wildlife. SB40 requires any agency of the state to obtain this certification when the agency plans construction in any stream or its bank or tributaries. The goal of SB40 is to protect Colorado fishing waters and to preserve all fish and wildlife resources associated with streams in Colorado. Some relevant items required by SB40 include, but are not limited to, treating equipment used in the water to avoid the introduction of aquatic invasive species, the requirement to replace certain trees and the description of acceptable bank stabilization techniques. • Potential staging areas will be surveyed for the Colorado hookless cactus prior to be used for staging. These sites will be fenced or marked to ensure that habitat and plants are not inadvertently destroyed. Further, construction workers will be informed of the reasons for remaining within the fenced area. Mr. John Cater, Escalante bridge replacement, SCGL, biological opinion Page4 • The four Colorado hookless cacti that can be avoided (designated as SCGL2-5 on Figure 2) will be protected by an orange, plastic fence placed around them prior to the commencement of construction. The fence will be maintained throughout the construction period. No personnel or equipment will be allowed beyond the fence. Any damage to the fence will be repaired immediately upon its discovery and the fence will be removed promptly after project completion. • The one Colorado hookless cactus that cannot be avoided will be transplanted onto BLM land in the vicinity. CDOT has contacted the BLM; their biologist from the Uncompahgre Field Office has agreed to assist CDOT in the transplant. Several locations with known populations of cactus are available on the north side of Escalante Road and, because they are all on BLM land, they will be protected. The cactus will be planted within 3 meters of at least one established cactus and BLM will be provided the UTM coordinates of the plant. The plant will be tagged with a nail (placed in the ground 10 centimeters to the north of the plant) and the transplant date will be placed on the tag so the cactus can be tracked through time post-transplant. • CDOT will monitor this cactus for three years to determine the success of the transplant. The results of the monitoring will be supplied to the Service in the form of an annual report. The report will include a description of the condition of the habitat along with a photograph and description of the condition of the cactus itself. 06/03/14 Figure 1. Project location. Mr. John Cater, Escalante bridge replacement, SCGL, biological opinion Page 5 E sc~laot e Creek 8 11dge Replacment 19003 A.., I=~~"n':!o!U~ 'TESS Plant .Survoy Moy 17, 2014 Si&Y ...,,~ , • .. l> ':JO':'t-l"I': , ,:"\C""l' t' ~ .21. tt , _ c=J sU"r :) Area FRI 0 0 013!.025 0 05 0 075 Figure 2. Survey area and locations of individual Colorado hookless cactus occurrences. Mr. John Cater, Escalante bridge replacement, SCGL; biological opinion Page6 ACTION AREA The action area includes 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] It is the area containing the most far-reaching potential effects of the federal and non-federal actions on the species being discussed. The action area is defined by measurable or detectable changes in land, air, and water or to other measurable factors that will result from the proposed action.
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