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United States Department of the Interior SERVICE £el~ MAR 2 7 2019 U.S. FISH & WILDLIFE United States Department of the Interior SERVICE FISH AND WILDLIFE SERVICE San Francisco Bay-Delta Fish and Wildlife Office 650 Capitol Mall, Suite 8-300 Sacramento, California 95814 In reply refer to: 08FBDT00-2017-F-0098-1 MAR ,21 2019 Mark T. Ziminske Chief, Environmental Resources Branch Department of the Anny Corps of Engineers, Sacramento District 13 25 J Street Sacramento, CA 95814-2922 Subject: Amendment to the Formal Consultation on the Stockton Deep Water Shipping Channel Dredging and Bank Stabilization Project, Sacramento, Contra Costa, and San Joaquin Counties, California Dear Mr. Ziminske: This letter is in response to the U.S. Army Corps of Engineers' (Corps) November 8, 2018, request to amend the formal consultation with the U.S. Fish and Wildlife Service (Service) on the proposed Stockton Deep Water Shipping Channel (SDWSC) Dredging and Bank Stabilization Project (project), in Sacramento, Contra Costa, and San Joaquin Counties (Service File No. 08FBDT00-2017-F-0098). The Corps proposes to add an additional Dredging Material Placement Site (DMPS) on Tule Island in the SDWSC along the San Joaquin River to replace the unavailable Mandeville Island DMPS. The Corps has determined that the proposed amended project may affect, and is likely to adversely affect the threatened giant garter snake (Thamnophis gigas; GGS). The Corps has also determined that the project may affect, but is not likely to adversely affect the threatened yellow-billed cuckoo (Coccyzus americanus; YBC). This response is in accordance with section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act). This response is based upon information from: (1) the Corps' November 8, 2018, request for reinitiation of consultation for this project; (2) the November 2018 Addendum to the US. Army C01ps ofEngineers Stockton Deep Water Ship Channel Dredging and Bank Protection Biological Assessment- Proposed Tule Island Placement Site Addendum prepared by Anchor QEA; (3) the Service's September 1, 2017 Biological Opinion on the Stockton Deep Water Shipping Channel Dredging and Bank Stabilization Project, Sacramento, Contra Costa, and San Joaquin Counties, California (Service File No. 08FBDT00-2017-F-0098); and ( 4) other information available to the Service. Mr. Mark T. Ziminske 2 The YBC is unlikely to occur within the proposed DMPS on Tule Island. Although emergent wetland and minimal riparian habitat occurs along the perimeter of Tule Island that could provide foraging and dispersal habitat for the YBC, it is likely not suitable to provide nesting habitat for the YBC. IfYBC were in the vicinity of operations during dredging material placement, individual YBC would likely avoid the area and fly to suitable areas nearby that provide higher quality habitat for foraging and sheltering without encountering harm. The Service concurs with the Corps' determination that the proposal to add the Tule Island DMPS to the project is not likely to adversely affect the YBC. This document hereby represents the Service's review of the amendment request and the potential effects of adding the Tule Island DMPS to the project. All acronyms below are defined in the'driginal document. The Service amends the September 1, 2017 biological opinion as follows: Page 42 Description of the Proposed Action, Stockton Deep Water Shipping Channel, SDWSC DMPSs, Table 1. Stockton Deep Water Ship Channel DMPSs Add to Table 1: Tule Island Gravity. Water leaves site by Port of Only access to Station 1586+00 existing weir box Stockton island is by boat; Allowance = 300 ft Ponding time: 23 hrs Limited access Ponding area: 9 ac to site only. Ponding vol: 43,560 cy Adjacent property CDFW owned and operated conservation easements. Page 72 Description of the Proposed Action, Stockton Deep Water Shipping Channel, SDWSCDMPSs Add: Tule Island The Tule Island DMPS is a 9-acre site located along the San Joaquin River/SDWSC, on the Terminous USGS quadrangle map in San Joaquin County. A portion of Tule Island was formerly used as a DMPS in 2011. Since then, the area has been largely undisturbed and colonized by non-native grassland vegetation. The area also includes a compacted dirt road on the north end which provides the Port of Stockton maintenance access to Tule, Fern, and Headreach Islands. To the east of the Tule Island DMPS is the Delta Island Yacht Club, a small private Marina under Port Lease. The western and southern perimeter of Tule Island includes a dense band of emergent riparian vegetation. Immediately east of the DMPS is a large berm with non-native grassland vegetation which transitions to a narrow band of. emergent wetland vegetation at the water's edge. Page 11, Action Area Change: There are approximately 453 terrestrial acres for the ten DMPSs. This is based on the total ponding area of the ten DMPSs. Mr. Mark T. Ziminske 3 To: There are approximately 462 terrestrial acres for the eleven DMPSs. This is based on the total ponding area of the eleven DMPSs. Page 33, Environmental Baseline, Giant Garter Snake Change: A total often different landward areas proposed to be used as DMPSs and all but the Rough and Ready DMPS are considered to have suitable habitat within the DMPS or nearby. Most of the DMPSs have been utilized for dredge material placement over multiple years. The DMPSs located on Sherman, Bradford, Twitchell, Mandeville, and Lower Robe1is Islands are near suitable wetland habitats for the GGS with several occurrence records as of May 2017 on nearby Sherman, Bradford, Twitchell and Jersey Islands. To: A total of eleven different landward areas proposed to be used as DMPSs and all but the Rough and Ready DMPS are considered to have suitable habitat within the DMPS or nearby. Most of the DMPSs have been utilized for dredge material placement over multiple years. The DMPSs located on Sherman, Bradford, Twitchell, Mandeville, Lower Roberts, and Tule Islands are near suitable wetland habitats for the GGS with several occurrence records as of May 2017 on nearby Sherman, Bradford, Twitchell and Jersey Islands. Page 43, Amount of Extent of Take, Giant Garter Snake Change: Therefore, The Service anticipates take in the form of harassment of all GGS within suitable aquatic and upland habitat of the approximate 397 acres of the project area's terrestrial portion. To: Therefore, The Service anticipates take in the form of harm of all GGS within suitable aquatic and upland habitat of the approximate 406 acres of the project area's terrestrial p01iion. All other p.miions of the Service's September 1, 2017 biological opinion remain the same. REINITIATION-CLOSING STATEMENT As provided in 50 CFR 402.16, reinitiation of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained ( or is authorized by law) and if: (1) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in this biological opinion; or (4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must immediately cease, pending reinitiation. Mr. Mark T. Ziminske 4 Please address any questions or concerns regarding this response to Brian Hansen, Endangered Species Biologist, at [email protected] or (916) 930-5642 or Kim Squires, Section 7 Coordinator, at [email protected]. Please refer to Service file number 08FBDT00-2017-F- 0098 in any future correspondence regarding this project. Sincerely, .
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