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United States Department of the Interior FISH and WILDLIFE SERVICE 10711 Burnet Road, Suite 200 Austin, Texas 78758 512 490-0057 FAX 490-0974

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United States Department of the Interior FISH and WILDLIFE SERVICE 10711 Burnet Road, Suite 200 Austin, Texas 78758 512 490-0057 FAX 490-0974 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 - 2 2017 Stephen L. Brooks Chief, Regulatory Division Department of the Army Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 Dear Mr. Brooks: This document transmits the U.S. Fish and Wildlife Service's (Service) biological opinion (Opinion) and conference opinion on the Corps of Engineers' (Corps) issuance of Clean Water Act section 404 authorizations for stream crossings associated with the proposed Village of Salado (Village) Wastewater Improvement Project located in Salado, Bell County, Texas, and its effects on the federally listed Salado salamander (Ewycea chisholmensis) and its proposed critical habitat in accordance with section 7 of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Your March 9, 2017, request for formal consultation was received on March 13, 2017. It is our understanding, from the biological assessment and your March 22, 2017, email correspondence, that you have determined the project will have no effect on the Least Tern, Piping plover, and Red Knot as these species were only to be considered for wind energy projects. In addition, you have also determined that the black capped vireo and the golden­ cheeked warbler will not be affected by the proposed activities as habitat for these species does not occur in the project area. Finally, we understand you have determined the project may affect, but will not likely adversely affect the whooping crane as it is unlikely to stopover in the project area. We concur with these determinations and the whooping crane will not be carried forward for further analysis in this opinion. This biological opinion is based on information provided in the March 8, 2107 biological assessment, April 6, 2017, and April 21, 2017, emails from the Village of Salado and information in our files. A complete administrative record of this consultation is on file at this office. Consultation History On November 16, 2015, consultants for the Village requested a list of threatened and endangered species from the Service to be considered for potential effects with respect to impacts from their 2 proposed project. This was provided through the Service's Information for Planning and Conservation online tool. This list was updated again February 3, 2017. In a May 26, 2016, email, the Corps of Engineers notified the Service that they were evaluating a project for the Village under Nationwide Permit 12 for utility lines (Project Number: SWF-2015- 00517). The Corps requested technical assistance regarding the potential for this project to impact Salado salamanders and their proposed critical habitat. At that time, the Corps was potentially taking jurisdiction over seven stream crossings and the Village was proposing to bore under Salado Creek which would not require Corps approval. As an attachment to the email, the Corps also provided an April 21 , 2016, preliminary waters of the United States (WOTUS) determination from Terracon Consultants, Inc. showing the seven stream crossings determined to fall within the Corps jurisdiction. In a June 15, 2016, email, after a telephone conversation with the Corps, the Service provided additional information regarding what information would be necessary to evaluate possible effects to listed species. On September 6, 2016, the Corps provided preliminary information to the Service assembled by the project's consultant regarding potential impacts to listed species and proposed critical habitat, the project locations and potential impacts to WOTUS. On September 27, 2016, the Corps, the Service, the Village and KPA Engineering met to discuss preliminary issues regarding conducting section 7 consultation between the Corps and the Service. In a November 8, 2016, meeting with the Village, the Corps and the Service, the Village introduced Zara Environmental, LLC as the consultants who would be writing the biological assessment for the proposed project. In a December 15, 2016, email, Zara provided the Service information regarding a preliminary action area for the proposed project and its interrelated and interdependent affects. On January 4, 2017, the applicant and their consultants, the Service, and the Corps, as well as representatives from Senator Cornyn's and Congressman Carter's offices, met to discuss information that the consultants would need to gather to complete a biological assessment for the project. The Service received a draft biological assessment on March 2, 2017, and the final version on March 10, 2017. This was followed by a request for formal consultation from the Corps which arrived March 13, 2017. By our letter dated April 7, 2017, the Service acknowledged that Corps had initiated consultation according to 50CFR402.14( c ). The Village of Salado provided a brief description of O&M measures they expect to implement after construction of the WWTP is complete and guidelines they plan to follow in April 6, 2017, and April 21, 2017, emails. 3 BIOLOGICAL OPINION I. Description of Proposed Action Project Description The Village of Salado has requested authorization from the Corps under Nationwide Permit 12 for l O water crossings as a part of their project to improve and expand their current wastewater facilities (see Figure 1). These crossings would occur during Phase I and II of a three phase project. Phase I includes the installation of wastewater pipelines and two lift stations to serve existing businesses and homes in downtown Salado and to extend service along Royal Street for future development. Phase II involves the construction of a wastewater treatment plant (WWTP) and the decommissioning of the existing Stagecoach WWTP. Phase I and II would occur simultaneously and have already received funding. Phase III would include the decommissioning of existing private septic tanks and has not yet received funding. Phase I of the project would include installing approximately 22,133 linear feet of 6-15 inch gravity sewer pipelines and low pressure pipelines via open cut trench excavation with concrete encasement, including approximately 20,059 linear feet within the Edwards Aquifer recharge zone and 2,430 linear feet within the I 00-year floodplain of Salado Creek. Trenches would be approximately three to four feet wide and range between four and 18 feet deep. A temporary work area of approximately three to four feet on either side of the trenches would be required for equipment and construction access. Excavation would be either done with a backhoe or a chain­ saw trencher to excavate bedrock. All excess materials will be loaded in dump trucks and removed to a long term spoils storage area located in a field south of the private access road on the Sanctuary property. Approximately 152 linear feet of the open cut installation will be conducted within four ephemeral tributaries to Salado Creek including Campbell Branch (four locations), an unnamed tributary to Salado Creek (two locations), another unnamed tributary to Salado Creek (two locations) and Smith Branch Creek (one location). At each proposed crossing, the pipelines would be installed by open cut concrete encasement between the ordinary high watermark (OHWM), a minjmum of two feet below the surface. For the Salado Creek crossing, the pipeline would be installed via open cut concrete encasement capped with a concrete cap approximately 10 inches thick below the OHWM. Layers of 0.5-3 inch rock would be added to the base and top of the trench to maintain and facilitate potential mesocavernous flow paths that may be encountered during excavation. The width of the proposed trench in this area would be approximately three feet and the depth would be 12.5 feet at the northern bank sloping up to approximately six feet at the southern bank. If construction in Salado Creek cannot be conducted in the dry, flow would be diverted around the area under construction using coffer dams to divert water flow away from construction areas until the concrete was sufficiently set. The construction would be conducted on one-half of the creek at a time to avoid having to pump water around the construction area. 4 An additional 750 linear feet of 10-15 inch of pipeline would be installed via trenchless excavation (horizontal boring) with steel encasement under existing pavement at the main lanes and access road of IH-35, No1th Main Street at the intersection of Salado Plaza Drive, South Main Street at Royal Street, and Royal Street at the intersection with Center Circle. All boring locations are within the Edwards Aquifer recharge zone and the boring under South Main Street would occur within proposed critical habitat. All borings would have a 30 x 15 foot bore pit and a IO x 10 foot receiving pit with varying depths ranging from seven to 12 feet deep. Bedrock is expected to be encountered while excavating all proposed horizontal borings and pits with the exception of the two locations on North Main Street. Bore and receiving pits would be excavated using backhoes and dump trucks and then lined with 0.32 inch polyethylene sheeting to prevent contamination from possible machinery leakage. Once the pits are constructed, a horizontal boring machine would drill a 20-24 inch diameter hole below each of the roads. A steel encasement would be jacked into the hole and then the gravity sewer pipelines and/or low pressure pipelines would be installed through the encasement. Two lift stations would be also be installed as a part of Phase I. One would be installed on Church Street, approximately 400 feet south of Blacksmith Road and the other would be installed on Royal Street, approximately 475 feet east of South Main Street. Both lift stations would be located within the Edwards Aquifer recharge zone. The Royal Street Lift station would be located in the Salado Creek 100-year floodplain and within proposed critical habitat.
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