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EIR: Appendix J. Biological Assessment APPENDIX J. BIOLOGICAL ASSESSMENT • O BIOLOGICAL ASSESSMENT for the RANCHO PALOS VERDES ENVIRONMENTAL RESTORATION FEASIBILITY STUDY I. INTRODUCTION This Biological Assessment is prepared to comply with the regulations on interagency cooperation regarding compliance with the Endangered Species Act (50 CFR 402). These regulations require that a Biological Assessment be prepared to assess the potential impacts of federal projects which are "major construction activities" on listed or proposed threatened and endangered species (50 CFR 402.12). This assessment evaluates the effects of the proposed project on listed and proposed species that are known in or near the project area and candidate species that could occur in the project area. The species considered in this assessment are those identified by the U.S. Fish and Wildlife Service in a species list letter dated June 19, 1998 (see the end of this Appendix). II. PROJECT LOCATION & DESCRIPTION • A. Project Location The Study Area is located along the south central coastline of the Palos Verdes Peninsula in the City of Rancho Palos Verdes, California, about 20 miles south of the City of Los Angeles (Fig. 1.1 of the DEIS). The boundaries of the Study Area are defined by the coastal zone below Palos Verdes Drive South in the limits of the City of Rancho Palos Verdes. The potential project area is along approximately 4.5 miles of coastline of the City of Rancho Palos Verdes; it extends from the eastern coastal city limits to Long Point on the west and extends 1200 ft. offshore to the 30 ft. isobath. B. Project Description The proposed action involves the construction of a 2500-foot-long dike located 400 feet seaward from the existing bluff toe and"surrounds" the Portuguese Bend slide area (see Fig. 3.2a of the DEIS). The dike is located at about the -16 MLLW contour line and the highest crest elevation is about+24 ft. MLLW. (Note that the proposed project and potential alternatives are discussed in detail in section 3.1of the DEIS. The"Purpose and Need" for the proposed action is discussed in detail in section 2 of the DEIS.) • J-1 1. Construction. • The dike has a core of quarry run material to +6 ft. MLLW to retain sediment to the Mean Higher High Water(MHHW)tide level, thereby preventing or significantly reducing the landslide sedimentation potential downcoast. The stone gradation and quantity, armor stone crest widths and thickness of typical cross sections of the dike are described in detail in the Coastal Engineering Appendix- Section 7 (see Main Report, Appendix C). Rock for the construction of the dike would come from either a mainland quarry or a quarry on Catalina Island. Rock obtained from a mainland source would be trucked to the project site. Rock obtained from Catalina Island would be delivered to the site by a barge. Ocean based rock placement would be from the floating barge with a crane except from stations 0+00 to 5+00 (see Fig 3.1a of the DEIS). Land based construction is expected for this portion of the dike. Construction would progress from the closest to shore seaward. Armor stone would be keyed into position such that the long axis of the stone is perpendicular to the face and center line of the dike. For the ocean-based operation, it is assumed that the -10 ft. depth is adequate for barge operations without compromising the barge's loading capacity. No excavation is expected to be required except for the area between stations 0+00 and 5+00. Land access to the construction site at Portuguese Bend would be via an existing, undeveloped road just east of Portuguese Canyon. The existing road is about 550 ft long and 12 ft wide. This road would be improved and extended by another 1500 ft. east and south to serve as a haul road to and from the construction site. The road would be approximately 14 ft. wide. The alignment of the extension of the haul road would be determined prior to construction, but would be positioned to avoid any sensitive resources (e.g., ariheolom.call sites, sensitive vegetation, etc . . . ). Improvement of the haul road would involve disturbance of approximately 25,000 - 30,000 ft2(0.6 - 0.7 acres) existing grassland (see Figure 3.3 of the DEIS). 2. Maintenance. It is estimated that approximately 7 million cu. yds. of material will need to be removed from behind the nearshore dike every 50 years as landslide material migrates toward the dike. Part of the material behind the dike is expected to be submerged in the water behind the dike, and part of the material is expected to be dry material adjacent to the landslide bluff. Material will be moved/removed by dozers and truck mounted or crawler cranes. Material is expected to be suitable for disposal at the LA-2 ocean disposal site (also see Coastal Engineering Appendix, section 7.2.4). J-2 • III. POTENTIALLY AFFECTED THREATENED, ENDANGERED, OR CANDIDATE SPECIES. On June 19, 1998, USFWS provided the Corps with a list of federal threatened and endangered species and a list of numerous other"sensitive" species (see the end of this Appendix). On May 23, 2000, the USFWS provided an updated species list . The discussion below will concentrates only on those species listed under the Federal Endangered Species Act. (Note that no proposed threatened or endangered species occur in the area. Also, "sensitive" species have no legal protection under the Endangered Species Act.) For a discussion of other biological resources in the study area, see section 4.3 of the DEIS. A discussion of the chemical quality of the marine sediment in and near the study area appears in section 4.6 of the DEIS. Federally listed threatened or endangered species known or reasonably expected to occur in the Rancho Palos Verdes Feasibility Study Area. Common Name Scientific.Name Status Lyon's pentachaeta Pentachaeta lyonii Endangered' Glaucopsyche lygdamus 411 Palos Verdes blue butterfly palosverdesensis Endangered El Segundo blue butterfly Euphilotes battoides allyni Endangered Brown pelican Pelecanus occidentalis Endangered' California least tern Sterna antillarum browni Endangered' Bald eagle Haliaeetus leucocephalus Threatened' Polioptila californica California gnatcatcher californica Threatened Perognathus longimembris Pacific Pocket Mouse pacificus Endangered 'This species is also listed as Endangered by the State of California Lyon's pentachaeta. This plant grows primarily along the coastal sage scrub/grassland edge. It was historically known to occur on the Palos Verdes peninsula, but has not been documented there recently. The primary reason for this species decline has been extensive urbanization. J-3 Palos Verde blue butterfly. This is a coastal subspecies of the more widely ranging silvery blue butterfly(G. 1. australis). The decline of most endangered butterflies can be attributed to the lost .` of the host/foodplant on which these butterflies use exclusively during one or more life stages (Thelander 1994:419). The larval host/foodplant for the Palos Verdes blue-the rattlepod (Astragalus trichopodus var. lonchus) - has been heavily impacted by urbanization, overgrowth by weeds, and weed control practices. Females lay their eggs on the host plant during February to April, and the eggs hatch about a week later. The larvae feed on the seeds and flowers and quickly pass through 5 larval phases. When fully grown the larvae pupate on the host plant seedpods or under decomposing leaves at the base of the plant. New butterflies emerge the following February or March, synchronized with the appearance the host plant's flowers (Thelander 1994:426). This species was presumed to be extinct(it had not been seen in more than 10 years)when it was rediscovered on the grounds of the Defense Fuel Support Point(a Department of Defense facility) in San Pedro. This population was observed using deerweed (Lotus scoparius), as well as rattlepod as a foodplant (Nelson 1994). Both larval host plants have the potential to occur in the inland portions of the Study Area. El Segundo blue butterfly. This species was once widespread throughout the southern coast of Los Angeles County. It is now believed to be limited to a few acres near El Segundo and a larger area on the west of Los Angeles International Airport. The larval host/foodplant for this species • is the dune buckwheat (Eriogonum parvifolium); this host/foodplant can be found along the coastal bluffs in the Study Area(USFWS 1996). Brown pelican. The California brown pelican is a frequent visitor and sometime yearlong resident along the California coast. Although they can be found anytime of the year, they are most conspicuous in the late spring through the fall after the breeding season(February-May) on Anacapa and the Santa Barbara Islands (Briggs et al. 1987). Birds appearing in early spring are most likely migrants from coastal Mexican colonies. Pelicans forage for surface fish, particularly anchovies (Engraulis mordax), in the open ocean. Pelicans are extremely tolerant of human activity at day-time roosts and are often seen roosting and loafing on breakwaters, piers, buoys, harbors wharves, and the shoreline all along the California coast (Jacques et al. 1996). Pelicans are not tolerant of disturbances on night roosts, however, and are known to quickly flush from the roost at the slightest disturbance (Jacques and Anderson 1987). No night-time roosts are known to occur in the Study Area. California least tern. This seabird migrates from Mexico and Central and South America to coastal south-central California to breed. During their stay in California, the birds forage for fish in the nearshore coastal waters and embayments. Birds typically nest in small colonies. The nest usually occurs in the open expanse of lightly colored sand or dirt or dried mud next to lagoons or J-4 110 • estuaries or on open sandy beaches. The nest generally consists of merely a small depression or scrape in the soil or sand lined with pebbles or sea shell fragments. Nesting usually concludes by mid-August, with post-breeding groups still present into September (USFWS 1980). USFWS document that least terns have been observed foraging within the Study Area; they speculate that the birds represent adults from the Terminal Island colony and birds from more northerly breeding sites (USFWS 1996:52). Bald eagle. The decline in the bald eagle population in the contiguous 48 states was largely due to increased use of chlorinated hydrocarbon pesticides (DDT)following World War II. This large bird of prey was listed as endangered in 1967 for population outside of Alaska. It was reclassified as threatened in 1995. In July 1999, this species was proposed for delisting. The delisting action recognizes that this species has undergone a remarkable recovery from drastic declines in numbers from just 30 years ago (64 FR 36454-36463, July 6, 1999). Increased protection of eagles and the ban on DDT in 1972 has helped this species numbers rebound nationally over the past two decades; over the last 10 years the population in the lower 48 states has increased by 10% per year. At the Channel Islands (especially Santa Catalina Island) bald eagle population continues to have severe productivity problems from chlorinated hydrocarbon pesticides contamination realted to historic realease onto the Palos Verdes Shelf (Sharpe and Garcelon 1999). (Also see section 4.6.1 of the DEIS). Bald eagles in the Channel • Islands are present only through re-introduction efforts. Bald eagle habitat is primarily large bodies of water where birds feed on fish and waterfowl. Most breeding adults are yearlong residents of their nesting areas. During fall and winter, subadults are nomadic and wide-ranging over areas where food is plentiful. In the early 1990's, there were just more than 100 pairs occupying breeding territories in California. No eagle nesting habitat exists in or near the project area. At best, foraging bald eagles may incidently migrate through the Project Area. .California gnatcatcher. This small songbird is a resident of Southern California coastal sage scrub. Due to the extensive loss of habitat in southern California, the gnatcatcher was listed as threatened in 1993. Atwood et al. 1995a(as cited by USFWS 1996:54) reported 26-56 breeding pairs of gnatcatchers on the Palos Verdes Peninsula during 1993 through 1995. In the Study Area, they report 7 breeding pairs in 1993, 7 in 1994, and 3 in 1995 (Atwood et al. 1995a and 1995b). In the Portuguese Bend area, gnatcatcher distribution appears to be in the coastal sage scrub areas of Portuguese Point and Inspiration Point and the Coastal Bluff Scrub above Bunker Point (City of RPV 1999:Figs. 4 and 5a). • J-5 Due to the number of species that are dependant on California Coastal Sage Scrub, the State of California's has developed guidelines to protect Coastal Sage Scrub habitat through the Natural 111'' Communities Conservation Planning(NCCP)Process in the Southern California Coastal Sage Scrub Planning Area(see CDF&G 1993). The intent of the guidelines is to elicit voluntary participation of local entities with Coastal Sage Scrub habitat in their jurisdictions. The goal is to provide for regional protection and perpetuation of natural wildlife diversity in coastal sage scrub areas while allowing compatible land use and appropriate development and growth. The City of Rancho Palos Verdes has recently(1996) signed an NCCP Planning Agreement which formalized the City's interest in participating in the NCCP planning efforts. Pacific pocket mouse. This is the smallest of the 19 races of the little pocket mouse (P. longimembris). Members of this species inhabit and regions over much of the western U.S. Pocket mice, in general, are more closely related to kangaroo rats in that they are nocturnal, seed eaters with fur-lined cheek pouches for transporting seeds back to burrows (Thelander 1994:67). This subspecies is adapted to coastal habitats with open, shrubby vegetation, including coastal strand, coastal dunes, weedy vegetation on river alluvium, and coastal sage scrub. For burrowing it requires areas with fine-grained sandy soil. Like kangaroo rats, it eats mainly seeds, and appears to supplement its diet with leafy material and insects. This species once extended along the coast from Marina del Rey and El Segundo in Los Angeles County to the Mexican border; but from 1940-1960, populations declined rapidly under coastal • development. After a collection was made in 1971, no confirmed sighting of this species was made until a small population was located in 1993. It is believed that other populations may exist in suitable habitat, but this species is difficult to trap and subject to widely fluctuating population levels (Thelander 1994:67). Potentially suitable habitat mayY� exist in the Study Area, but no populations have been detected despite several trapping efforts within potentially suitable habitat (City of RPV 1999:33-34). IV. POTENTIAL IMPACTS TO LISTED THREATENED OR ENDANGERED SPECIES. A. Terrestrial Impacts Since the proposed dike will be offshore, the dike, itself, is not expected to affect any terrestrial resources. The dike will not alter the existing Portuguese Bend Landslide and it is estimated that the current rate of land movement will continue, unchanged throughout the life of the project. (In fact, the proposed maintenance dredging during the project's 50-year life is necessary to remove debris expected to accumulate behind the dike as a result of the continued movement.) Whatever land movement that currently occurs and its affects on existing terrestrial vegetation will continue and not be affected by the offshore dike. • J-6 • As mentioned in section B.1, above-transportation of rock for the dike from a land quarry may be an option for the construction of the offshore dike. In that event, the existing road along Portuguese Canyon will need to be extended and improved to accommodate the trucks hauling rock to the construction site. The existing road and its 1500 ft. extension are proposed through the slide area that is typed as"grassland" (City of RPV 1999:Figure 4). No habitat for any listed threatened or endangered species are reported to occur in the grasslands above the Portuguese Bend bluff area where the proposed haul road would be improved and extended (see City of RPV 1999:sections 2.3 and 2.4). As such, no impacts to any terrestrial or endangered species are expected to occur. The NCCP Subarea Plan Phase I Summary Report, however, does identify the area as a possible"reserve area" and an area with"moderate" restoration potential(City of RPV 1999: sections 2.5 and 2.8). The proposed haul road are not expected to alter that possible usage. B. Nearshore/Offshore Impacts As mentioned in section 2.1 of the DEIS/EIR, the purpose of the restoration would be to restore natural hard rock reef in the nearshore (-10 to -30 MLLW) areas of the study area that are currently covered with landslide-generated sediment, and to eliminate the adverse impacts to the marine environment of the near constant turbidity cause by landslide sediment on existing nearshore kelp beds. The proposed dikes are expected to contain all Portuguese Bend landslide-generated sediment and allow natural marine erosive process (i.e., waves and currents)to eventually remove existing sediment to, at least, the-30 foot MLLW depth contour and re-expose the underlaying hard bottom. Giant kelp is expected to re-colonize and reestablish in the newly exposed hard rock reef. Also, the near-constant turbidity plume and its adverse impacts to the nearshore water column are expected to be eliminated. Since both the California brown pelican and the California least tern forage by plunge diving into ocean water, both species are expected to benefit from the improved water clarity expected to result from the proposed dike. Foraging habitat in the nearshore environment is expected to be significantly improved as a result of the proposed action. In Southern California offshore dikes and breakwaters consistently provide high-capacity night roost for brown pelicans. Jacques et al. (1996:45) estimated that 65% of all pelicans in southern California roosted on artificial structures (i.e., groins,jetties, and breakwaters) associated with harbors. (The breakwaters of Los Angeles consistently support hundreds of roosting birds during the day.) The proposed dike is expected to serve as, at least, a day roost for brown pelicans. (Since it will be attached to the shoreline- it probably won't be used as a night roost.) The creation of brown pelican roosting habitat is expected to be a beneficial impact. • Contaminants in the nearshore or offshore sediment are expected to be no more biologically J-7 available with the proposed dike as without the proposed dike. Nearshore sediment was found to contain detectable levels of cadmium, nickel, and DDE (a derivative of DDT) (Sadd and Davis 0, . 1997:21). The most likely source of this contamination is, of course, the contaminated mound further offshore the Palos Verdes Peninsula. The fact that heavy metals tended to be in the upper layers of sediment and DDE occurred in all layers (but more common in lower layers in the eastern part of the study area) lend support to the thought that the nearshore sediment column is being mixed by physical and biological processes (Sadd and Davis 1997:22). There is no reason to believe that Portuguese Bend sediment is"capping" nearshore contaminants or that containment of landslide-generated sediment would make the contaminates found in nearshore sediment any more biologically available than without containment of landslide-generated sediment (i.e., without the project). As such, the proposed action is expected to have no effect on the bio-availability of nearshore contaminates, and no adverse adverse affects to pelicans or terns are expected. Containing sediment behind the proposed dike is expected to have no affect on the effluent- affected offshore mound. No "uncapping" of the contaminated mound is expected, and contaminants associated with the mound are, therefore, not expected to be any more biological available to threatened or endangered species than without the proposed dike. Offshore sediment is expected to be no more biological available to terns or pelicans than without the project, and no adverse affects to these species are expected. (Also see discussion in Section 5.6 of the DEIS.) VI. CONCLUSIONS • The proposed action will have no effect on any listed terrestrial threatened or endangered species. Impacts to foraging least terns and brown pelicans are expected to be beneficial because water clarity will be improved by the proposed dike. The dike is also expected to provide roosting habitat for pelicans. Eliminating landslide-generated sediment from the marine environment is expected to have no effect on the biological availability of nearshore or offshore contaminated sediment. As such, no adverse affects to terns or pelicans are likely to occur from the proposed actions. W. REFERENCES - See Section 9.0 of the DEIS. • J-8 United States Department of the Interior • -"Pi FISH AND WILDLIFE SERVICE �4RCH 3 Asa' Ecological Services Carlsbad Field Office 2730 Loker Avenue West Carlsbad,California 92008 JUN 19 1998 Colonel Robert L. Davis District Engineer Los Angeles District U.S. Army corps of Engineers P.O.Box 2711 Los Angeles, CA 90053-2325 Attn: Mr. Rey Farve, Planning Division Re: Request for List of Endangered, Threatened,Proposed, and Candidate Species for the Rancho Palos Verdes Feasibility Study,Rancho Palos Verdes, Los Angeles County, California. (1-6-98-SP-29) Dear Colonel Davis: • This letter is in response to your request dated May 29, 1998, and received by us on June 5, 1998, for information on potential species of concern within the Study Area for the referenced project. Unfortunately,we do not have site specific information for portions of the project area. However, in an effort to assist you in evaluating the potential for conflicts between endangered, threatened, proposed, and candidate species and the proposed project, we are providing the following list of species that occur or may occur in the general area. The enclosed list partially fulfills the requirements of the Fish and Wildlife Service(Service) under section 7 (c) of the Endangered Species Act of 1973, as amended(Act). Section 7(a)(2) of the Act requires a Federal agency, in consultation with, and with the assistance of the Service,to insure that any action it authorizes, funds,permits, or carries out, is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat. To meet this requirement, biological assessments are required under section 7 of the Act if listed species or critical habitat may be present in the area affected by any major construction activity'. If a biological assessment is not required,your agency still has the responsibility to review its proposed activities and determine whether listed species may be affected. Moreover, "action"means all activities or programs of any kind authorized, funded, 1 "Construction Activity"means any Federal action which significantly affects the quality of the human environment designed primarily to result in the building or erection of man- • made structures such as dams, buildings,roads,pipelines, channels, and the like. This includes Federal actions such as permits, grants, licenses, or other forms of Federal authorizations or approvals which may result in construction. 1-6-98-SP-29 2 permitted, licensed, constructed, or carried out, in whole or in part,by Federal agencies. In addition, "action area"means all areas to be affected directly, indirectly, and/or cumulatively by the Federal action and not only the immediate area involved in the action. Section 7(d)of the Act prohibits Federal agencies and applicants from making any irreversible or irretrievable commitment of resources which has the effect of foreclosing the formulation or implementation of reasonable and prudent alternatives that would avoid jeopardizing the continued existence of listed species or resulting in the destruction of critical habitat. During the assessment or review process,you may engage in planning efforts,but may not make any irreversible commitment of resources. Such a commitment could constitute a violation of section 7(d) of the Act. If a listed species may be adversely affected, agencies should request, in writing through this office, formal consultation pursuant to section 7(a)(2)of the Act. Informal consultation should be used to exchange information and resolve conflicts with respect to listed species prior to a written request for formal consultation. When it is determined that a proposed action is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical habitat, a Federal agency is required to initiate a conference with the Service. Conferences are informal discussions between the Service and the Federal agency, designed to identify and resolve potential conflicts between an action and proposed species or proposed critical habitat early in the decision-making process. The Service makes recommendations, if any, on ways to minimize or avoid adverse effects of the action. The conference process alerts Federal agencies of possible steps that a Federal agency might take at an early stage to modify its actions to avoid jeopardizing a proposed species. Other sensitive species are included for the purpose of notifying a Federal agency and applicant in advance of possible proposals and listings which at some time in the future may have to be considered during your planning activities. If early evaluation of a project indicates that it is likely to adversely impact other sensitive species,we recommend that the Federal agency seek technical assistance from this office in an effort to avoid or reduce impacts to such species. Our objective is to provide technical assistance that identifies specific features that could be incorporated into the project description to avoid adverse impacts to listed species. Should you have any questions regarding the species listed or your responsibilities under the Act,please feel free to contact Mark Pavelka,Project Biologist,Branch of Federal Projects, at(760)431-9440. Sincerely nitvt4._ A.Bartel 110 Assistant Field Supervisor List of Endangered, Threatened, Proposed, and Candidate Species that May Occur in the Study Area for the Rancho Palos Verdes Feasibility Study Rancho Palos Verdes, California June 18, 1998 1-6-98-SP-29 Common Name Scientific Name Status Listed Species PLANTS Lyon's pentachaeta* Pentachaeta lyonii E INVERTEBRATES Palos Verdes blue butterfly Glaucopsyche lygdamus palosverdesensis E El Segundo blue butterfly Euphilotes battoides allyni E AMPHIBIANS none • BIRDS Brown pelican Pelecanus occidentalis E California least tern Sterna antillarum browni E American peregrine falcon Falco peregrinus anatum E Coastal Calfornia gnatcatcher Polioptila californica californica T MAMMALS Pacific pocket mouse Perognathus longimembris pacificus E Proposed Species none Candidate Species none E: Endangered T: Threatened *• This species may already be extirpated from the project area. i List of Sensitive Species that May Occur in the Study Area for the • Rancho Palos Verdes Feasibility Study Rancho Palos Verdes, California June 18, 1998 1-6-98-SP-29 Common Name Scientific Name PLANTS Aphanisma Aphanisma blitoides Bright green dudleya Dudleya virens South coast saltscale Atriplex pacffica Southern tarplant Hemizonia parryi australis Small flowered morning glory Convolvulus simulans Seaside Calandrinia Calandrinia maritima Catalina calochortus Calochortus catalinea Western dichondra Dichondra occidentalis Sea blite Sueda taxifolia Catalina crabapple bush Crossosoma californicum Catalina Island desert thorn Lycium brevipes hassei INVERTEBRATES • San ego- enact horned lizard Phryn.c.ism.n,. coronatum bluinvilcci Coastal western whip`ail Cnemidophorus tigris multiscutatus Large-blotched ensatina Ensatina eschscholtzii Coast patch-nosed snake Salvadora hexalepis Two-striped garter snake Thamnophis hammondii AMPHIBIANS none BIRDS Elegant tem Sterna elegans Black tern Chlidonias niger California horned lark Eremophila alpestris actia Loggerhead shrike Lanius ludovicianus Belding's savannah sparrow Passerculus. sandwichensis beldingi Large-billed savannah sparrow Passerculus. sandwichensis. rostratus 110 List of Sensitive Species that May Occur in the Study Area for the Rancho Palos Verdes Feasibility Study Rancho Palos Verdes, California June 18, 1998 1-6-98-SP-29 (continued) Common Name Scientific Name MAMMALS Northwestern San Diego pocket mouse Chaetodipus fallax fallax San Diego desert woodrat Neotoma lepida intermedia San Diego black-tailed jackrabbit Lepus californicus bennettii Pallid bat Antrozous pallidus Spotted bat Euderma maculatum Pacific western big-eared bat Corynorhinus townsendii Pocketed free-tailed bat Nyctinomops femorosacca Big free-tailed bat Nyctinomops macrosis Greater western mastiff-bat Eumops perotis californicus California leaf-nosed bat Macrotus californicus • Small-footed myotis bat Myotis ciliolabrum Little brown bat Myotis lucgus • —-r Op �1,, °'^ DEPARTMENT OF THE ARMY 'P Z LOS ANGELES DISTRICT.CORPS OF ENGINEERS li P.0.8OX 2711 ,�f,.! LOS ANGELES.CALIFORNIA 110057-2725 II '\-s,„, _ May 11, 2000 Office of the Chief Environmental Resources Branch Mr. Ken Berg Field Supervisor U.S. Fish and Wildlife Service Southern California Field Station 2730 Loker Avenue West Carlsbad, California 92008 Dear Mr. Berg: This letter requests verification of the current accuracy of the species list previously provided by your office to us in a letter dated June 19, 1998, for our Rancho Palos Verdes Feasibility Study(your number: 1-6-98-SP-29). In your June 19, 1998, letter you provided us a list of endangered, threatened, proposed, candidate, and sensitive species that may occur in the feasibility study area. We feel that list is still accurate, with the possible exception of the IDAmerican peregrine falcon (Falco peregrinus anatum) which has since been delisted. You are probably aware that we have been coordinating extensively with your Federal Projects Branch for several years on this study relative to Fish and Wildlife Coordination Act activities. We have received a Draft Coordination Act Report (dated April 1999) from your office on this feasibility study. We would appreciate a response from your office on the accuracy of the previously provided species list as soon as possible. If you have any further questions on this request, please call Mr. Rey Farve of my staff at (213) 452-3864. Sincerely, Ca- t Robert E. Koplin, P. . 4 Chief, Planning Divisio.. . U5/L3/UU 14:10 t-Al 7K0 431 5901 UJ r1171 AAD IYILUL1tt. LEuuZ . --'\.„... 11.11‘,..„.. ..... United States Department of the Interior m 4./:1"'"''''' .. > %, Fish and Wildlife Service EArs- .. Ecological Services ' 1 Carlsbad Fish and Wildlife Office -tal' 2730 Loker Avenue West �.- Carlsbad,California 92008 Colonel John P. Carroll District Engineer,Los Angeles District MAY 2 3 200© U.S_ Army Corps of Engineers P.O.Box 2711 Los Angeles, California 90053-2325 Attn: Mr.Rey Fatve,Planning Division Re: Request for List of Endangered, Threatened,Proposed, and Candidate Species for the Rancho Palos Verdes Feasibility Study,Rancho Palos Verdes,Los Angeles County, California(1-6-00-SP-45) Dear Colonel Carroll: 1111 This letter is in response to your request dated May 11, 2000, and received by us on May 15, 2000,for information on potential species of concern within the study area for the referenced project. We do not have site specific information for portions of the project area. However, in an effort to assist you in evaluating the potential for conflicts between endangered, threatened, proposed, and candidate species and the proposed project, we are providing the following list of species that occur or may occur in the general area. The enclosed list partially fulfills the requirements of the Fish and Wildlife Service (Service)under section 7 (c)of the Endangered Species Act of 1973, as amended (Act). Section 7(a)(2) of the Act requires a Federal agency, in consultation with, and with the assistance of the Service, to insure that any action it authorizes, funds, permits, or carries out, is not likely to jeopardize the continued existence of any listed species or result in the destruction or adverse modification of critical habitat To meet this requirement,biological assessments are required under section 7 of the Act if listed species or critical habitat may be present in the area affected by any major construction activity'. If a biological assessment is not required, your agency still has the responsibility to review its proposed activities and determine whether listed species may be affected. Moreover, "action" means all activities or programs of any kind authorized, funded, 1 "Construction Activity" means any Federal action which significantly affects the quality of the human environment designed primarily to result in the building or erection of man- • made structures such as dams,buildings, roads,pipelines, channels, and the like_ This includes Federal actions such as permits, grants, licenses, or other forms of Federal authorizations or approvals which may result in construction. 05/23/00 14:10 F_ X 760 431 5901 US FISH AND WILDLIFE []003 l-6-O0-SP-45 2 permitted,licensed, constructed, or carried out,in whole or in part,by Federal agencies. In addition, "action area" means all areas to be affected directly,indirectly, and/or cumulatively by the Federal action and not only the immediate area involved in the action. Section 7(d) of the Act prohibits Federal agencies and applicants from making any irreversible or irretrievable commitment of resources which has the effect of foreclosing the formulation or implementation of reasonable and prudent alternatives that would avoid jeopardizing the continued existence of listed species or resulting in the destruction of critical habitat. During the assessment or review process, you may engage in planning efforts, but may not make any irreversible commitment of resources. Such a commitment could constitute a violation of section 7(d) of the Act. If a listed species may be adversely affected., agencies should request, in writing through this office,formal consultation pursuant to section 7(a)(2) of the Act. Informal consultation should be used to exchange information and resolve conflicts with respect to listed species prior to a written request for formal consultation. When it is determined that a proposed action is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical hQbZtvL. aFGLLGrQl GX\1Ly is required to initiate a conference with the Service. Conferences are informal discussions between the Service and the Federal agency, designed to identify and resolve potential conflicts between an action and proposed species or proposed critical habitat early in the decision-making process. The Service makes recommendations,if any, on ways to minimize or avoid adverse effects of the action. The conference process alerts Federal agencies of possible steps that a Federal agency might take at an early stage to modify its actions to avoid jeopardizing a proposed species. Other sensitive species are included for the purpose of notifying a Federal agency and applicant in advance of possible proposals and listings which at some time in the future may have to be considered during your planning activities. If early evaluation of a project indicates that it is likely to adversely impact other sensitive species,we recommend that the Federal agency seek technical assistance from this office in an effort to avoid or reduce impacts to such species. Our objective is to provide technical assistance that identifies specific features that could be incorporated into the project description to avoid adverse impacts to listed species. Should you have any questions regarding the species listed or your responsibilities under the Act,please feel free to contact Mark Pavelka, Project Biologist, Branch of Federal Projects, at (760)431-9440. Sincerely 4;zirr_112.16.4%___ p. Jim A. Bartel 1). Assistant Field Supervisor 05/23/00 14:11 FAX 760 431 5901 tis FISH AND W1J)Lltt ,L!UlJ4 List of Endangered,Threatened,Proposed, and Candidate Species that May Occur in the Study Area for the Rancho Palos Verdes Feasibility Study Rancho Palos Verdes, California May 22, 2000 1-6-00-SP-45 Common Name Scientific Name Status Listed Species PLANTS Lyon's pentachaeta* Pentachaeta lyonii E INVER 1E.BRATES Palos Verdes blue butterfly Glaucopsyche lygdamus palosverdesensis E El Segundo blue butterfly Euphilotes battoides allyni E AMPHIBIANS none • BIRDS Brown pelican Pelecanus occidentalis E California least tern Sterna antillarum browni E Bald Eagle Haliaeetus leucocephalus T Coastal California gnatcatcher Polioptila californica californica T MAMMALS Pacific pocket mouse Perognathus iongimembris pacif cus E ProQosed Species none Candidate Species none E: Endangered T: Threatened • *- This species may already be extirpated from the project area.