Packery Channel Project DEIS Comments - US Department of Interior Fish and Wildlife Service

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It is also noted that surveys were done at Fish Pass and the GIWW, but not done at
the Packery site or Mollie Beattie Habitat Community. If surveys were performed
in these areas we recommend including them in this BA and/or submitting them to
the Service for review. If such surveys have not been performed we recommend
current surveys of these sites.

C-11 to C-46: Impact Assessments for Listed Species.

Comment: It is important to note that the responsibility of the federal agency is to determine
whether the proposed action "may affect" listed species or designated critical habitat.
If a proposed project "may affect" a species or critical habitat then formal section 7
consultation is required. The formal consultation process must result in the Service
writing a biological opinion and concluding with the determination of either a
jeopardy or no jeopardy to a listed species or adverse or no adverse modification of
critical habitat.

The Service concurs with the Corps determination that no impacts will result for the proposed
project for the following species:

South Texas ambrosia
black lace cactus
slender rush-pea
brown pelican
bald eagle
whooping crane
mountain plover
eskimo curlew
ocelot
jaguarundi
Manatee

On page C-ll, the BA states there will be 6.2 acres, of designated piping plover critical habitat (TX-
6 and TX-7), destroyed by construction of the jetties and channel and 24.6 acres of critical habitat
will be impacted annually by placement of new construction and maintenance material.

Comment: It was also the Service's understanding that the placement of new construction and
maintenance would occur every 2 years on the 24.6 acres of critical habitat. Please
clarify.

For sea turtles, the BA states, all sea turtles except for the leatherback, could be negatively impacted, although not jeopardized. Impacts described in the BA are incidental take from dredging, channelization of inshore and nearshore areas causing degradation of foraging and migratory habitat through spoil dumping, degraded water quality/clarity and altered current flow. Modifications could