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Double Click to Merge INFORMATION HANDOUT For Contract No. 09-363404 At 09-Iny-178-43.4 Identified by Project ID 0915000002 PERMITS U.S. Fish and Wildlife Service United States Army Corps of Engineers Nationwide 404 WATER QUALITY California Regional Water Quality Control Board Lahontan Region Board Order No.R6V-2020-0003 AGREEMENTS California Department of Fish and Wildlife Notification No. 1600-2019-0230-R6 MATERIALS INFORMATION Optional Material Site is Shoshone Material Site #182, Iny-178-PM 46.0. 1 United States Department of the Interior FISH AND WILDLIFE SERVICE Ecological Services Palm Springs Fish and Wildlife Office 777 East Tahquitz Canyon Way, Suite 208 Palm Springs, California 92262 In Reply Refer To: FWS-INY-18B0047-18I0619 March 7, 2018 Sent by email Angela Calloway Environmental Office Chief Eastern Sierra Environmental Branch, District 9 California Department of Transportation 500 S. Main Street Bishop, California 93514 Subject: Shoshone Drainage Project, State Route 178, Inyo County, California (09-INY - 178-Shoshone Drainage-Post Miles 43.2/ 44.2, EA 09-36340) Dear Mrs. Calloway: This letter is in response to a request by the California Department of Transportation (Caltrans) for the U.S. Fish and Wildlife Service’s (Service) concurrence that the referenced proposed action is not likely to adversely affect the federally endangered least Bell’s vireo (Vireo bellii pusillus) or the southwestern willow flycatcher (Empidonax traillii extimus). Caltrans is requesting concurrence under its assumption of responsibility of the Federal Highway Administration, following U.S. Code 327(a)(2)(A). Therefore, your request and our response are made pursuant to section 7(a)(2) of the Endangered Species Act of 1973, as amended. The Bureau of Land Management (Bureau) manages the area to the south of State Route 178 and is considering issuing a right-of-way grant to Caltrans to conduct the proposed action. The U.S. Army Corps of Engineers (Corps) is also considering whether to authorize the proposed action, pursuant to section 404 of the Clean Water Act. As described in the implementing regulations for section 7 of the Endangered Species Act (50 Code of Federal Regulations 402.07), “(w)hen a particular action involves more than one Federal agency, the consultation and conference responsibilities may be fulfilled through a lead agency.” The Bureau, Corps, and Caltrans have agreed Caltrans would serve as the lead Federal agency to conduct consultation with the Service; consequently, this consultation fulfills the Corps’ and Bureau’s consultation needs. Caltrans determined that the proposed action would have no effect on the endangered Amargosa nitrophila (Nitrophila mohavensis), California condor (Gymnogyps californianus), and Amargosa vole (Microtus californicus scirpensis) and the threatened desert tortoise (Gopherus agassizii). The proposed action would occur outside the boundaries of critical habitat. Caltrans proposes to replace two deteriorating culverts along State Route 178 between post miles 43.39 and 43.44, east of Shoshone. The purposes of the proposed action are to reduce the frequency of flooding of the highway and to improve downstream flows within the two main channels of the Amargosa River. The biological assessment (Caltrans 2018) contains a detailed description of how Caltrans would conduct the replacements. Mrs. Angela Calloway (FWS-INY-18B0047-18I0619) 2 Caltrans identified the action area as the 1.42-acre area where culvert replacement would occur (i.e., the work area) and 5 staging and borrow sites. Noise associated with construction activities would extend the action area beyond the work area and the staging and borrow sites; we will assume that noise would not extend beyond 0.25 mile of the work area; Caltrans has proposed to survey for southwestern willow flycatchers and least Bell’s vireos within 0.25 mile of the work area. The staging and borrow sites are located in upland areas at least 2,900 feet from the culverts. Because of the lack of suitable habitat for the listed birds at the staging and borrow sites and their distance from potential habitat of the least Bell’s vireo and southwestern willow flycatcher, activities at these sites will not affect these species. Therefore, we will not discuss these areas further in this letter. To ensure that the proposed action is not likely to adversely affect the least Bell’s vireo and southwestern willow flycatcher, Caltrans has proposed to: 1. Implement a construction window to avoid work within the least Bell’s vireo and southwestern willow flycatcher’s nesting season (April 1 through July 31). 2. Place exclusion fencing around the perimeters of the project footprint that are within, or nearest, the riparian corridor of Amargosa River to avoid unnecessary impacts to breeding habitat located outside of the work area. 3. Employ an on-site biological monitor to oversee and direct fence installation to avoid unnecessary impacts to breeding habitat. 4. Provide environmental awareness training to all construction personnel about sensitive biological resources and habitats and permit conditions. 5. Employ an on-site biological monitor to oversee the construction activities. 6. Conduct a pre-construction nesting bird survey for least Bell’s vireos and southwestern willow flycatchers within 0.25 mile of the work area to determine if these species have completed nesting activities by the start of construction. 7. Delay the beginning of work if nesting vireos and flycatchers are observed within 0.25 mile of the work area. The biological assessment notes that least Bell’s vireos have nested within 0.25 mile of the work area within recent years. A southwestern willow flycatcher was observed within 0.25 mile of the work area in 2015. The biological assessment notes that the work area supports Atriplex and Tamarix shrublands, grassland dominated by Distichlis spicata, and a mixture of other habitat types in smaller amounts. The portion of the work area most likely to support nesting by the southwestern willow flycatcher and least Bell’s vireo covers approximately 0.25 acre of Tamarix spp., Prosopis glandulosa, Baccharis salicina, and Pluchea sericea. Mrs. Angela Calloway (FWS-INY-18B0047-18I0619) 3 The proposed action has the potential to affect the southwestern willow flycatcher and least Bell’s vireo through the loss of habitat and human-caused disturbance of nesting. The disturbance of approximately 0.25 acre of the habitat type that is most likely to support nesting of these species comprises an insignificant impact; that is, given the extensive amount of suitable nesting habitat in the vicinity, we cannot meaningfully measure the effect of the loss of 0.25 acre. Additionally, recent surveys have not documented individuals of these species nesting in the work area. Caltrans’ proposals to delineate work areas with a fence, educate workers, and employ an on-site monitor during construction will ensure that habitat loss is minimized. Caltrans’ proposals to limit its work activities to the time of the year when southwestern willow flycatchers and least Bell’s vireos have left the area will ensure that their nesting is not disturbed. For these reasons, the Service concurs with Caltrans’ determination that the proposed action is not likely to adversely affect the southwestern willow flycatcher or least Bell’s vireo. If the proposed action changes such that it causes an effect to these species that we have not considered or if new information reveals effects of the action that may affect these species in a manner or to an extent not previously considered, we recommend that Caltrans contact the Service immediately to determine whether further consultation would be appropriate. If you have any questions, please contact Ray Bransfield of my staff at (805) 677-3398 or [email protected]. Sincerely, Kennon A. Corey Assistant Field Supervisor cc: Katrina Symons, BLM Teresa Stevens, USACE Mrs. Angela Calloway (FWS-INY-18B0047-18I0619) 4 Reference Cited California Department of Transportation. 2018. Shoshone drainage biological assessment. Shoshone Drainage Project, State Route 178, Inyo County, California. 09-INY-178- Shoshone Drainage-Post Miles 43.2/ 44.2, EA 09-36340. Bishop, California. DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, LOS ANGELES DISTRICT 60 SOUTH CALIFORNIA STREET, SUITE 201 VENTURA, CALIFORNIA 93001-2598 December 17, 2019 SUBJECT: Nationwide Permit (NWP) Verification Matthew Goike California Department of Transportation District 9 500 South Main Street Bishop, CA 93514 Dear Mr. Goike: I am responding to your request dated October 25, 2019 for a Department of the Army permit for the proposed Shoshone Drainage Project (Corps File No. SPL-2019-00845-TS; EA 09- 36340). The proposed project would remove four 30-inch diameter corrugated metal pipe culverts, and two 60-inch by 38-inch corrugated metal pipe arch culverts. The pipes would be replaced with six 2-foot by 5-foot reinforced concrete box culverts, as described in the permit application. The culverts are located on the Amargosa River on State Route 178 near the town of Shoshone, Inyo County, California (latitude: 35.9713 / longitude: -116.2618). Because this project would result in a discharge of dredged and/or fill material into waters of the U.S., a Department of the Army permit is required pursuant to Section 404 of the Clean Water Act (33 USC 1344; 33 CFR parts 323 and 330). I have determined construction of your proposed project, if constructed as described in your application, would comply with NWP 14 - Linear Transportation Projects. Specifically, and as shown in the enclosed figures, you are authorized to: 1. Temporarily impact approximately 0.13 acres of non-wetland waters of the U.S. during construction. 2. Temporarily impact approximately 0.062 acres of wetlands during construction. 3. Permanently impact approximately 0.067 acres of non-wetland waters of the U.S. as a result of construction of the concrete box culverts. 4. Degrade approximately 0.13 acres of non-wetland waters of the U.S.
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