APPENDIX K. No Effect Memorandum

Transcription

1 APPENDIX K

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3 ESA Finding of NO EFFECT KN Fed Aid No S091(018) May 17, 2010 X USFWS Species NMFS Species EF Poject Type: Bypass Constuction Location: Between Oegon 18 milepost 51.6 and Oegon 99W milepost Township/Range/Section(s): Township 3S, Range 2W, Sections 10, 11, 14-16, 19-21, 28-29, 30; Township 3S, Range 3W, Sections 24-26, 35-36; Township 4S, Range 3W, Sections 2-3, 9-10, 16-17, Lat/Long: City: Cities of Newbeg and Dundee County: Washington and Yamhill Counties UC6: Poject Topogaphy: geneally flat with some incised steam channels Suounding Envionment: famland, ochads, foest land X Aea of Poject Impact (API) map is attached, including suvey/cleaance aea(s) and location(s) of closest aquatic esouces. Data Souces and Suvey Method(s) Utilized: (Check all that apply.) NMFS Staff Contacted [Include name(s)] Date(s): X USFWS Staff Contacted [David Leal Liaison] Date(s): X Species List NMFS Website Date(s): May 7, 2010 X Species List USFWS Website Date(s): Mach 11, 2010 X Fedeal Registe Date(s): June 28, 2005 (70 FR 123); Septembe 2, 2005 (70 FR 170) X ORNIC Database Date(s): Febuay 2010 X SteamNet Date(s): Mach 2010 X ODOT TansGIS Envionmental Date(s): May 11, 2010 Field Suvey Complete Assessment Date(s): X Field Suvey Appopiate Sample Date(s): May-August 2006 Othe [Povide efeences if appopiate] Date(s): Field Suvey Technique(s): Rae plant suveys wee conducted in May, June, July, and August 2006 to document possible populations of listed plants fom the Oegon National eitage Infomation Cente (ORNIC) database and the U.S. Fish and Wildlife Sevice (USFWS) Yamhill County species list. 1

4 Listed Species likely to be within the API: Listed Insect Species with Potential to be Pesent in the Poject Aea Common Name Scientific Name Fedeal Status Discussed in which Document? Fende s blue buttefly Icaicia icaiodes fendei Endangeed NE Listed Plant Species with Potential abitat within the Poject Aea Willamette daisy Common Name Scientific Name Fedeal Status Nelson s checkemallow Eigeon decumbens va. decumbens Endangeed Discussed in which Document? Sidalcea nelsoniana Theatened NE NE Kincaid s lupine Wate howellia Lupinus sulphueus va. kincaidii Theatened NE owellia aquatilis Theatened NE Designated Citical abitat within the API: Designated Citical abitat within the API No Designated Citical abitat has been identified within the API fo insects o plants. Essential Fish abitat (EF) within the API: A Biological Assessment (BA) fo National Maine Fisheies Sevice (NMFS) is being pepaed that will addess listed fish and EF within the API. Bief Poject Desciption: ODOT and the Fedeal ighway Administation (FWA) ae poposing to build the Bypass (poposed poject), an 11-mile, access-contolled expessway aound the cities of Newbeg and Dundee in Yamhill County, Oegon. The poposed poject is needed to educe congestion on Oegon 99W though Newbeg and Dundee by ediecting taffic taveling though this aea to the Bypass and to impove downtown livability in Newbeg and Dundee and the oveall flow of taffic though this aea. The poposed poject is located along the south sides of Newbeg and Dundee, extending fom the Oegon 99W/Oegon 18 junction nea Dayton (Oegon 18 appoximately milepost 51.6) to just past the top of Rex ill, east of Newbeg (Oegon 99W appoximately milepost 19.6). Most of the poposed poject is located in Yamhill County, but a small potion, about 1,000 feet, extends east of Newbeg along Oegon 99W into Washington County. The poposed poject includes the alignment (the specific location) of the Bypass and fou intechanges, as well as equied changes to local steets that will be elocated to accommodate the Bypass. The fou 2

5 intechanges povide access to and fom the Bypass, and ae located at each end of the Bypass and at two intemediate locations in Newbeg and Dundee. The intechanges ae: Dayton Intechange: Located at the Oegon 99W/Oegon 18 junction, just noth of Dayton. East Dundee Intechange (and connecto oad): Located between Dundee and Newbeg. Oegon 219 Intechange: Located at the south edge of the Newbeg uban gowth bounday (UGB) on Oegon 219. East Newbeg Intechange: Located on the east side of Newbeg at Rex ill. Finding of Effect. ODOT, acting as an agent of FWA o othe fedeal agency because of a fedeal nexus, detemines that the poject will have: (Check all that apply.) X No Effect on Listed Species X Because thee is no eason to believe that listed species ae pesent in the Aea of Poject Impact (API). [Absence Detemination] Because avoidance measues will be implemented to pevent effects on the listed species identified below that occu o ae likely to occu within the API. (Complete Section A below.) X No Effect on Designated Citical abitat X Because designated citical habitat does not occu in the API. [Absence Detemination] Because avoidance measues will be implemented to pevent effects on the designated citical habitat identified below that occus within the API. (Complete Section B below.) Requied Avoidance Measues. Fo each applicable section below: Identify specific poject impacts that could affect the identified esouce if avoidance measues ae not implemented to eliminate all potential impacts. Povide a bief desciption of each equied avoidance measue. Section A Listed Species Intoduction In ode to detemine effects to listed species due to poject impacts, it is necessay to detemine the habitat utilized by listed species. The table below shows habitats utilized by listed plant species with potential pesence in the poject aea. 3

6 Listed Plant Species abitat Species Common Name Species Scientific Name Willamette daisy Eigeon decumbens va. decumbens Nelson s checkemallow Sidalcea nelsoniana Kincaid s lupine Lupinus sulphueus va. kincaidii Wate howellia owellia aquatilis abitat Type Potential abitat Within Bypass Poject Aea abitat Condition Within Bypass Poject Aea Wetland and upland paiies Yes Distubed Wetland paiies and steamsides Yes Distubed Upland paiies with peennial gasses and fobs; dy open woods, banks, meadows Ponds and lakes along shallow edges, ephemeal ponds and ive oxbows Yes Yes Distubed Distubed In May-August of 2006 ae plant suveys wee conducted to detemine if ae plants wee pesent at the poject site. No listed plant species shown in the table above wee found duing ae plant suveys conducted. abitat fo ae plants within the poject aea is vey limited and pimaily esticted to oadside ditches and degaded wetlands. A emnant wet paiie patch is located in the poject aea nea Dundee, and native species such as common camas (Camassia quamash) and meadow checkemallow (Sidalcea campestis) wee identified at this site. Meadow checkemallow is a state candidate species found in meadows, fenceows, and oadside ditches within the Willamette Rive valley. Meadow checkemallow is the only ae plant identified in the poject aea ove the couse of the site suveys and it is not a fedeally listed species. ORNIC data acquied fo a 2-mile adius of the poject aea documents two documented occuences of Kincaid s lupine in McMinnville southwest of the poject aea. oweve, it does not show any occuence of any listed plant within the poject aea, which is consistent with the suveys. The othe listed USFWS species with potential pesence nea the poject site is Fende's blue buttefly. This species occus in native paiie habitats and utilizes thee lupine species as laval food plants which include: Kincaid's lupine (Lupinus sulphueus kincaidii), sickle-keeled lupine (L. albicaulis) and spu lupine (L. abustus). Adult Fende s blue butteflies utilize seveal othe plants fo food, including tapetip onion (Allium acuminatum), naowleaf onion (Allium amplectens), Tolmie's maiposa lilly (Calochotus tolmiei), small camas (Camassia quamash), cleawate cyptantha (Cyptantha intemedia), wooly sunflowe (Eiophyllum lanatum), Oegon geanium (Geanium oeganum), toughleaf iis (Iis tenax), pale flax (Linum angustifolium), blue flax (Linum peenne), meadow checkemallow, ose checke-mallow (Sidalcea vigata), bid vetch (Vicia cacca), common vetch (V. sativa), and tiny vetch (V. hisute). Dy, fescue paiies make up the majoity of habitat fo Fende's blue buttefly, though this species may also be found on steep, south-facing slopes and baen ocky cliffs (Natueseve 2010). Fende s blue buttefly populations geneally co-occu with Kincaid s lupine and have a limited dispesal ability fom thei natal lupine population. The maximum epoted dispesal distance is two miles (Sevens 2004 as cited in 71 FR 63862). Since the 2006 plant suvey esults did not discove any Kincaid s lupine populations, it can be assumed that Fende s blue buttefly is not pesent within the poject aea. 4

7 Poject Impacts The Poject would impact non-listed native and non-native plants along the poject coido in seveal ways. Plants within the ight-of-way of the Poject would be destoyed by poject constuction. The Poject would displace about 77 to 80 aces of wildlife habitat as shown in the table below. The lagest loss of wildlife habitat, moe than 40 aces, would be to the lowlandsconife-hadwood foest habitat; the second lagest loss would be to ipaian-wetland habitat, about 27 to 28 aces. Loss of othe habitat types would be less than about 4 aces each. Table 1. Diect Impact Best- and Wost-Case Scenaios to Wildlife abitat Within the Bypass Right-of-Way Regional Wildlife abitat Classification Best-Case (aces) Wost-Case (aces) Westside Lowlands Conife-adwood Foest Westside Oak, Dy Douglas Fi Foest, and Woodland Lakes, Ponds, Resevois, and Rives ebaceous Wetlands a Westside Ripaian-Wetlands Total abitat Souce: Wildlife-abitat Relationships in Oegon and Washington, Johnson and O Neil, Oegon State Univesity Pess, a These numbes ae lage than those descibed in the Wetlands section since they eflect the entie aea found within the ight-of-way, not just that aea diectly affected. Plants within the emaining habitat could be indiectly affected by changes in hydology and educed population size. The installation of a oadbed would inteupt hydologic flow though soil, which may have long-tem impacts to mico-habitats in the emaining aeas. Futhemoe, constuction of the poposed poject would fagment and isolate some habitats. The ceation of appoximately 11 miles of new highway would fagment and isolate wildlife and wildlife habitat along the entie length of the Bypass. The Bypass would ceate a substantial pemanent baie acoss the landscape. This baie would be penetable in some locations and fo some species (i.e., within ipaian zones) and impenetable fo othes (i.e., small mammals in agicultual aeas). This wildlife baie may affect plant species by limiting thei seed dispesal within the aea and consequently, this may cause population isolation. With the exception of the cities of Newbeg and Dundee, whee ubanization cuently fagments and isolates wildlife habitats, ipaian zones south of Oegon 99W cuently povide contiguous habitat to the Willamette o Yamhill Rives. oweve, since nealy all emaining wildlife habitat within the poject aea is within ipaian coidos, and since the poject poposes to use bidges to fully span the majoity of steams along the Bypass, potential impacts due to habitat fagmentation would be geatly educed. ighways can pomote the spead of noxious weeds. Seeds can be caied to new locations by vehicles in the loads they cay and, if conditions ae appopiate, these seeds can establish new populations. ODOT would follow pescibed maintenance pactices to contol the spead of noxious weeds. oweve, even with these maintenance activities, noxious weeds would be expected to spead along the poposed poject in the medians and highway shouldes. This would likely affect plant species by intoducing weeds that may out-compete native species. 5

8 Of the poject aea, the East Dundee Intechange would have the geatest impact of all segments on plant and wildlife habitats, due to the poximity of the Bypass to the ipaian zone of Chehalem Ceek Tibutay A and to a wet paiie that includes seveal native plants. Despite all these potential impacts to plant species, no teestial plant species listed unde the fedeal ESA ae known to occu within the poject ight-of-way. Theefoe, these potential impacts ae anticipated to have no effect on these species. Dy, fescue paiies make up the majoity of habitat fo Fende's blue buttefly and ae not known to be pesent within the poject aea. ORNIC data acquied fo a 2-mile adius of the poject aea, shows no documented occuence of Fende s blue buttefly. Wet paiie habitat onsite (4.65 aces) would be impacted by constuction. This habitat includes meadow checkemallow, a known food souce of adult Fende s blue butteflies. oweve, since Fende s blue buttefly ae highly mobile and not known to be pesent at the poject aea, the poject is anticipated to have no effect on this species. Avoidance Measues Avoidance and consevation measues have been incopoated into the peliminay poject design to avoid o minimize many of the potential impacts to wildlife habitats. Diect impacts to wildlife habitats within the Bypass wee substantially avoided duing the peliminay poject design. Avoidance and consevation measues fo wildlife impacts aleady consideed and incopoated into the peliminay poject design and to be consideed thoughout the design pocess include the following measues: Avoid the impact entiely though design modification o by not taking a cetain action o pats of an action (e.g., by ealigning the Bypass to avoid impacts to a steam and wetland as was done in the case of a amp nea Wynooski Road at ess Ceek). Minimize impacts though design modification o by limiting the degee o magnitude of the action and its implementation (e.g., by placing bidges ove steams and ipaian zones). The poject design incopoates full span bidges fo most of the poject aea steam and/o wetland cossings. In addition, only one bidge pie, at ess Ceek Tibutay B, would be located within the 2-yea floodplain of steams. Since the majoity of emaining natual wildlife habitat and wildlife coidos within the poject aea ae located in ipaian zones, diect and indiect impacts have been minimized by bidging and selective pie placement. Cuent bidge designs also follow the Final Fluvial Pefomance Standads established fo the Oegon Tanspotation Investment Act (OTIA) III Bidge Delivey Pogam. These pefomance standads potect nomative physical pocesses that shape steam channels and floodplains. In addition, ODOT s Standad Specifications (ODOT 2008) outline specific measues fo oad constuction and opeation. Petinent standads that aid in minimizing effects to wildlife and plant species include those that addess dainage and eosion contol, vegetation emoval, and evegetation. The Poject would be constucted in accodance with state and local egulations equiing appoved sedimentation and eosion contol plans, compensatoy wetland mitigation, and measues to avoid distubance to plant and wildlife species. 6

9 Section B Designated Citical abitat N/A Section C Essential Fish abitat N/A 7

10 Refeences: 1. NatueSeve NatueSeve Exploe: An online encyclopedia of life [web application]. Vesion 7.1. NatueSeve, Alington, Viginia. Available Accessed May 12, NMFS (National Maine Fisheies Sevice) Endangeed Species Act Status of West Coast Salmon & Steelhead. Updated July 1, ODOT (Oegon Depatment of Tanspotation Oegon Standad Specifications fo Constuction. Salem, Oegon. 4. ORNIC (Oegon Natual istoy Infomation Cente) Database Seach fo the. Potland, Oegon. Febuay 23, USFWS (United States Fish and Wildlife Sevice) Fedeally Listed, Poposed, Candidate Species and Species of Concen Unde the Juisdiction of the Fish and Wildlife Sevice Which May Occu Within Yamhill County, Oegon. Oegon Fish and Wildlife Office. Mach 11, USFWS (United States Fish and Wildlife Sevice) Fedeally Listed, Poposed, Candidate Species and Species of Concen Unde the Juisdiction of the Fish and Wildlife Sevice Which May Occu Within Washington County, Oegon. Oegon Fish and Wildlife Office. Mach 11, USFWS (United States Fish and Wildlife Sevice) Species Fact Sheet, Fende's blue buttefly, Icaicia icaioides fendei. 8

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12 g G: T ib u ta y E F -U R i v e ill -U, E F l R iv e mh : Ya y F Ya m h i l y E a u ta but T i b, SR M, CRM e e k: E F? Ya m hill R iv e y :EF -U T i C u ta Che hale m Ce ek, Tibu tay B : EF - U e ek - U C EF m : ale y A eh C h b u ta i T W ill am et te Ri v :E e F,E S,D Ü A -U È C Figue 1 Aea of Poject Impact Map hi ll Ri v e, T i b u t a y : EF -U Fish abitat, Usage, and Pesence Labels: EF - Essential Fish abitat EF-U - Essential Fish abitat Unknown ES - Essential Salmonid abitat DC - Designated Citical abitat CRM - Chinook Reaing & Migation SRM - Steelhead Reaing & Migation 0 Dayton, CR M C, CR M T i b Ya m R,S il U T n n a ib m e ut a d S t y A: ea EF m 1 -, U th ee : M B -U ek EF Sp g M C e m ale y C eh C h b u ta T i n i M s C k, CR es ss ee C No eek C CRM, S,,E e F s F :E EF A y uta ib 2T m tea ed S F - U U n na m B: E F -U y A : E T ib u ta y C e ek uta i b kt e ss Dundee es ek E ok Bo i ng C: Sp y a t bu T i - U EF : EF e C È C : ek e C RM a d S Ce, EF oo k em e s s Ce e u ta k No y C: th EF -U al Pa T i b eh e& :E F in g B T i o but a y ok D Sp ok g Bo A: S p in b u ta y T i - U EF Ch le File Path: N:\B_TaskPocessing\Revised_DEIS_08\MXD\EIS_07\Chapte2_Altenatives\DEIS_Segements Index.mxd, Date: Apil 11, :09:43 AM l Wi ett la m ok RM,C Ü A Ra o Sp in é A ic c if ad ilo i ng Bo T i o b E F u ta y k - U B: Sp B Newbeg 0.5 Steams Bypass Appoved Coido Poject Aeas Outside Bypass Appoved Coido City Limits Miles MapID: TechMemo_FullExtent_FishResouces.mxd Pint Date: July 2009