United States Department of the Interior FISH and WILDLIFE SERVICE 10711 Burnet Road, Suite 200 Austin, Texas 78758 512 490-0057 FAX 490-0974 MAR 1 6 2017
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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 MAR 1 6 2017 In Reply Refer To: Consultation No. 02ETAU00-2017-F-0187 Project No. SWF-2015-00466 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 on the U.S. Army Corps of Engineers (Corps) issuance of Clean Water Act (CWA) section 404 authorizations for the 142-mile long Vista Ridge Regional Water Supply Project (Vista Ridge pipeline). The proposed Vista Ridge pipeline is a raw water pipeline that will convey water from Burleson County to Bexar County, Texas (Figure 1). The applicant is the Central Texas Regional Water Supply Corporation (CTRWSC; applicant). Your November 15, 2016, letter requesting initiation of formal consultation was received on November 18, 2016. We concur with your determination that the proposed action may affect, but is not likely to adversely affect Cicurina madla, and may affect, and is likely to adversely affect for Rhadine exilis. However, we do not concur with your determination that proposed action may affect, and is not likely to adversely affect the Houston toad (Anaxyrus [= Bufo] houstonensis), Rhadine infernalis, and the golden-cheeked warbler (Setophaga [=Dendroica] chrysoparia, GCWA). Therefore, this biological opinion addresses impacts to both R. infernalis and R. exilis, which we collectively refer to as the Bexar County karst invertebrates (BCKI), the Houston toad, and the GCWA. This consultation considers the effects of the Vista Ridge pipeline in Burleson, Lee, and Bastrop counties on the Houston toad. It also considers Vista Ridge pipeline's effects in Comal and Bexar counties on the GCWA and in Bexar County to BCKI, including BCKI designated critical habitat. Section 404 of the CWA (33 U.S.C. § 1251 et seq.; Federal Water Pollution Control Act, as amended) through the Corps and U.S. Environmental Protection Agency regulates the discharge of dredged or fill material into the waters of the United States, including wetlands. The Corps has notified the Service that the applicant has submitted a Preconstruction Notification to the Corps for the use of Nationwide Permit 12 for Utility Line Activities for the proposed water pipeline project. This biological opinion has been prepared in accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C 1531 et seq.)(Act). It is based on the biological assessment (BA), other information provided by the Corps and the applicant, and 2 other sources of information available to us. A complete administrative record of this consultation is on file at the Austin Ecological Services Field Office. Document Outline Consultation History I. Proposed Action and Action Area II. Status of the Species and Critical Habitat 1. Houston Toad 2. Golden-cheeked warbler 3. Rhadine exilis and Rhadine infernalis III. Environmental Baseline 1. Houston Toad 2. Golden-cheeked Warbler 3. Rhadine exilis and Rhadine infernalis IV. Effects of the Action 1. Houston Toad 2. Golden-cheeked Warbler 3. Rhadine exilis and Rhadine infernalis V. Cumulative Effects VI. Conclusions Incidental Take Statement Biological Opinion This transmits our draft biological opinion for the USACE authorization under section 404 of the Clean Water Act to the CTRWSC for the Vista Ridge Regional Water Supply Project. Consultation History May 21, 2015 Meeting between representatives of the applicant and Service September 1, 2016 Multiple conference calls and emails regarding Houston toad, through golden-cheeked warbler, and karst invertebrates and the Vista October 19, 2017 Ridge Regional Water Supply Project November 16, 2016 The Service received the “Vista Ridge Regional Supply Project Biological Assessment SWF-2015-00466” from the applicant November 18, 2016 The Service received the initiation letter from the USACE December 6, 2016 The Service acknowledged receipt of complete initiation package and request to initiate formal consultation January 19, 2017 The Service received updated information on the waters of the United States crossings and jurisdictional delineation January 24, 2017 Meeting between the Service and consultants for the applicant 3 January 27, 2017 The Service received an amendment to the biological assessment I. Proposed Action and Action Area The proposed action is the construction, testing, operation, and maintenance of the Vista Ridge Regional Water Supply Project (Figure 1). The applicant has applied for authorization from the U.S. Army Corps of Engineers for activities requiring a Clean Water Act section 404 permit where the water pipeline will cross rivers and creeks in Burleson, Lee, Bastrop, Caldwell, Guadalupe, Comal, and Bexar counties in Texas. The applicant will use open-cut trenching to install the pipeline below ground. The BA indicates that most creeks to be crossed are intermittent or ephemeral; therefore, the pipeline will be installed using open cut trenching at these crossings. In perennial waterways the applicant will use horizontal directional drilling in lieu of open trenching to install the pipe. This type of construction will occur under the following perennial waterways: Colorado River, San Marcos River, Guadalupe River, and a canal connected to the Guadalupe River. Figure 1. Vista Ridge Pipeline Location The BA provides details on the proposed Vista Ridge pipeline including: engineering surveys, staking, clearing-grading, avoidance of other utility infrastructure, trenching , installation of pipe, backfilling, hydrostatic testing, construction of pump stations, pipeline commissioning, and rights-of-way maintenance. Three new pump stations with pipeline inspection gauges, both launchers and receivers, would be built in upland areas distant from jurisdictional waters of the United States (WOUS). A remote system for monitoring and controlling the pipeline will be used to constantly monitor for leaks and pressure anomalies. The applicant will develop and implement emergency response procedures. The impacts of the construction and maintenance of the well site are not covered under this biological opinion, but the applicant has indicated it intends to utilize the same avoidance measures and best management practices in the well site that it will use throughout the project. 4 The Vista Ridge pipeline will provide water to the urban and suburban region of north San Antonio and Bexar County for an estimated 60 years. The source of the water will be a well field in Burleson County that will pump water from the Simsboro and Carrizo-Wilcox Aquifers. A system of pipes will transport water from the wells to the Vista Ridge pipeline. The proposed action includes conservation measures to be taken by the applicant including: (a) participation in the Comal County Regional Habitat Conservation Plan (RHCP) for take of the GCWA in Comal County, (b) participation in the Southern Edwards Plateau Habitat Conservation Plan (SEP HCP) for take of GCWA and BCKI in Bexar County, and (c) avoidance and minimization of adverse effects to the four species addressed in this biological opinion by the use of best management practices. In the event that a conservation measure is not viable (e.g., participation in HCP is not available), alternative conservation efforts have been proposed by the applicant as described in the amendment to the biological assessment, and are incorporated by reference. All conservation measures will be implemented prior to the potential to incidentally take of any federally listed species. The proposed conservation measures for the Vista Ridge pipeline include best management practices (BMP) throughout the extent of the pipeline project. Chapter 7 of the BA provides the species-specific efforts where the project overlaps the range of the Houston toad, golden-cheeked warbler, R. exilis, and R. infernalis and are incorporated by reference to this biological opinion. The applicant routed the pipeline alignment to use existing ROW, minimize new areas of disturbance, and to avoid sensitive habitats. Houston Toad Conservation Measures Chapter 7.3 of the BA provides BMPs that avoid or minimize adverse effects to the Houston toad. These include: (a) use of physical barriers to help prevent movement of toads into work areas, (b) surveys for Houston toads in advance of vegetation clearing, (c) monitoring for anuran calling activity with automated audio recorders (to be reviewed nightly), (d) temporarily stopping work if the Houston toad is detected in the area (e) preservation of as many trees as possible, and (f) re-vegetating disturbed areas with native seed mix suitable for Houston toad sheltering and dispersal. Additional conservation measures that avoid or minimize impacts to the Houston toad are detailed in the BA and are incorporated by reference to this biological opinion. These involve searching the ROW during the 2017 Houston toad breeding season as well as prior to disturbance. Monitoring and handling of any toads found would be conducted by an endangered species recovery permit holder (pursuant to section 10(a)(1)(A) of the Act). In addition, the applicant has committed to contributing $200,000 to the Houston toad Head Start Program at the Houston Zoo to offset any possible impacts that may occur. To the extent possible, the applicant will time the actions to occur when Houston toads are least active in the summer months. Golden-cheeked Warbler Conservation Measures The applicant will minimize impacts to golden-cheeked warblers in Bexar and Comal counties by siting the pipeline parallel to an existing City Public Service (CPS) easement that has been previously cleared. The applicant will use the CPS easement as a temporary work area during the construction of the Vista Ridge pipeline reducing the overall amount of vegetation clearing needed for pipeline installation. The minor amount of additional vegetation clearing would 5 occur in the non-breeding season (March 1 – August 31) when this migratory species is not present in Texas.