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Biological Assessment
for Impacts to Endangered and Threatened Species Relative to the
North Padre Island Storm Damage Reduction and Environmental Restoration Project
Nueces County, Texas
The Service has reviewed the Biological Assessment
(BA) in Appendix C and have the following
comments.
General Comments
The purpose of the BA is for the Corps to identify listed species that occur in the project area to
determine whether the project as proposed "may affect" those listed species. Upon completion
of
that determination, the Corps submits the BA to the Service for review and requests concurrence
with their determinations prior to finalizing the BA. If the Service concurs there will be "no affect"
to listed species, the informal section 7 consultation process has ended. If the applicant, in this case
the Corps, concludes the project, as proposed, will result in a "may affect" or if the Service does not
concur with the "no affect" then formal section 7 consultation is recommended. The formal section
7 consultation process will result in the issuance of a biological opinion expressing the Service's
determination as to whether impacts associated with this project will or will not result in "take" and
jeopardize the continued existence of a species and/or adversely modify critical habitat.
The Corps has determined negative impacts will result to the piping plover and four species of sea
turtles, but that those impacts will not result in jeopardy. Therefore, it is the Service's interpretation
that the Corps is actually concluding that there is a "may affect" to those species and recommends
the Corps enter into formal section 7 consultation.
The Corps has been cooperatively working to improve the
hydrological model used to identify
potential impacts that may occur to the Mollie Beattie Habitat Community (MBHC), a piping plover
designated critical habitat unit. Although changes in tidal amplitude appear to be small, the Service
and other agencies are concerned those small changes potentially may cause vegetative alterations
that would result in the loss of piping plover habitat. It is our recommendation that the
Corps work
with the Service, and the MBHC Management Team to develop and implement a monitoring plan
to ensure the integrity of the unit.
Currently, the BA only covers impacts from the dredging of the channel. It does not address impacts to listed species from the City's proposed recreational development and any secondary development in the future. It is appropriate to note that proposed recreational development and secondary commercial development that is proposed in the future, will need to be assessed for impacts to species and their habitat and could potentially require a federal permit or Endangered Species section 10 permit and Habitat Conservation Plan. The Service stands ready to discuss the City's proposed actions so that ways can be identified to assist the City in accomplishing its goals in the most efficient manner and yet be protective of listed species and their habitats.
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