MilPipeFEMAESA4.pdf

U,S.

FISH & WILDLIFE

S1:!;RVICE

United States Department of the Interior

FISH AND WILDLIFE SERVICE ' . '

In Reply Refer to:

0SESMF00-

2018-F-3331-1

Mr. Alessandro Amaglio

Sacramento Fish and Wildlife Office 2800 Cottage Way, Suite W-2605

Sacramento, California 95825-1846

Regional Environmental Officer, Region IX Federal Emergency Management Agency 1111 Broadway, Suite 1200 Oakland, California 94607

�-,.111,'"!il'f;

MAR 2 7 2019

Subject: Programmatic Formal Section 7 Consultation on Federal Emergency Management Agency's Disaster, Mitigation, and Preparedness Programs within the Sacramento Fish and Wildlife Office's Jurisdiction, California

Dear Mr. Amaglio:

This letter is in response to the Federal Emergency Management Agency's (FEMA) request to initiate formal section 7 consultation under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and provides the U.S. Fish and Wildlife Service's (Service) programmatic biological opinion on FEMA's Disaster, Mitigation, and Preparedness Programs (proposed project) in California as described in FEMA's June 20, 2018 Programmatic Biological Assessment for Disaster, Mitigation, and Preparedness Programs in California (programmatic biological assessment). We received your June 20, 2018, letter requesting initiation of consultation in our Sacramento Fish and Wildlife Office (SFWO) on June 20, 2018. On September 14, 2018, we received a letter from FEMA changing effects determinations for 20 species. At issue are the effects of FEMA's proposed action on 35 federally-listed species and their designated or proposed critical habitats which the Sacramento Fish and Wildlife Office has lead responsibility and seven federally-listed species and their critical habitat which occur within the jurisdiction of the Sacramento Fish and Wildlife Office but for which other Service field offices have lead responsibility. FEMA requested formal consultation based on your determination that the proposed project may affect, and is likely to adversely affect the following 17 federally-listed species and their designated critical habitat, and may affect, but not likely to adversely affect the following 25 federally-listed species and their designated critical habitat.

Sacramento Fish and Wildlife Office Species

I.ike/y to Adversefy Affect California red-legged frog (Rana drqytoniz) (Threatened) and critical habitat California tiger salamander (Amlrystoma californiense)

• Central California DPS (Threatened) and critical habitat

• Sonoma DPS (Endangered) and critical habitat Giant garter snake (Threatened) (Thamnophis gigas) Alameda whipsnake (Masticophis lateralis e111yxa11thtts) (Threatened) and critical habitat Valley elderberry longhorn beetle (Desmocents californictts dimorphtts) (Threatened) and critical habitat

Mr. Alessandro Amaglio

California freshwater shrimp (Syncaris pacijica) (Endangered) Bay checkerspot butterfly (Ettpl?Jdryas editha bqyensis) (Threatened) and critical habitat Callippe silverspot butterfly (Spryetia callippe callippe) (Endangered) Myrtle's silverspot butterfly (Spryeria zerene myttleae) (Endangered) Vernal pool fairy shrimp (Branchinecta !Jnchz) (Threatened) and critical habitat Vernal pool tadpole shrimp (Lepidttt7ts packardz) (Endangered) and critical habitat Conservancy fairy shrimp (Branchinecta conservatio) (Endangered) and critical habitat Longhorn fairy shrimp (Branchinecta l011gJa11te1111a) (Endangered) and critical habitat Sacramento Orcutt grass (Orc11ttia viscida) (Endangered) and critical habitat

Not Like!J to Adverse!J Affect

J\ilission blue butterfly (Icmicia icarioides missionemis [= Plebejtts icatioides missio11e11sis]) (Endangered) San Bruno elfin butterfly ( Callophrys mossii bqyensis) (Endangered) Burke's goldfields (Lasthenia b11rkez) (Endangered) Butte County meadowfoam (Limnanthesfloccosa ssp. californica) (Endangered) and critical habitat Calistoga allocarya (Plagiobothrys stricttts) (Endangered) Colusa grass (Neostapfia colttsana) (Threatened) and critical habitat Contra Costa goldfields (Lasthenia COf!jttgem) (Endangered) and its critical habitat Few-flowered navarretia (Navarretia le11cocephala ssp. paucijlora [=N. pauciflora]) (Endangered) Fleshy owl's-clover (Castilleja campestris ssp. sttccttlenta) (Threatened) and critical habitat Greene's tuctoria (Tt1cto1ia greenez) (Endangered) and critical habitat Hairy Orcutt grass (Orc11ttia pilosa) (Endangered) and critical habitat Hoover's spurge (Chamaesyce hooveri [=Euphorbia hooven]) (Threatened) and critical habitat Lake County stonecrop (Parvised11m leiocatp11m [=Sedella leiocatpa]) (Endangered) Loch Lomond coyote thistle (Ery11gi11m constancet) (Endangered) Many-flowered navarretia (Navarretia leucocephala ssp. plieantha) (Endangered) San Joaquin Orcutt grass ( Orc11ttia inaequalis) (Threatened) and critical habitat Sebastopol meadowfoam (Limnanthes V'incttlans) (Endangered) Slender Orcutt grass (Orcuttia tenuis) (Threatened) and critical habitat Solano grass (T11cto1ia mucronata) (Endangered) and critical habitat Sonoma sunshine (Blennosperma baken) (Endangered)

Carlsbad Fish and Wildlife Office Species

Like!J to Adverse!J Affect Least bell's vireo (Vitw be/Iii pusilltts) (Endangered)

1Vlqy Affect, Not Like!J to Adverse!J Affect California least tern (Sterna antillamm browm) (Endangered) Southwestern willow flycatcher (Empidonax trail/ii extimus) (Endangered) and critical habitat

Ventura Fish and Wildlife Office Species

Like!J to Adverse!J Affect Tidewater goby (Emyclogobi11s newberryz) (Endangered) and critical habitat

Arcata Fish and Wildlife Office Species

1Vlqy Affect, Not Like!J to Adverse!J Affect Western snowy plover (Charadri11s nivostts ssp. 11ivos11s) (Threatened) and critical habitat

Marbled murrelet (Bracf?yramphtts marmoratus) (Threatened) and critical habitat

Yreka Fish and Wildlife Office Species

Mqy Affect, Not Like/y to Adverse/y Affect Northern spotted owl (Strix occidentalis cattrina) (Threatened) and critical habitat

Based on our review of the information provided in FEMA's June 20, 2018, programmatic biological assessment, the Service concurs that the proposed project may affect, but is not likely to adversely affect the 25 federally-listed species listed above and their respective critical habitat.

The general avoidance and minimization measures and species-specific conservation measures will help ensure that adverse effects to the species from proposed project activities are likely to be insignificant. If any activity proposed by a FEMA Subapplicant ( entity that has applied to receive a FEMA grant administered by the state or federally-recognized tribe) demonstrates the potential to adversely affect any of these 25 species or their critical habitat, that project will not be covered by this programmatic biological opinion and FEMA will submit that project for formal consultation.

The remainder of this document provides our programmatic biological opinion on the effects of the proposed action on the remaining 17 species.

This programmatic biological opinion is based on information provided in the following: (1) FEMA' s Programmatic Biological Assessment for Disaste1� Mitigation, and Preparedness Programs in California, dated June 20, 2018; (2) FEMA's September 14, 2018 letter changing effects determinations for 20 species; (3) conversations and emails between the Service (C. Martin and J. Knight) and FEMA staff or their contracted agents, (S. Amaglio, L. Solorzano-Vincent.); (4) conversations between FEMA and other Service biologists from the Ventura, and Arcata Fish and Wildlife Offices; and (4) information contained in Service files.

A complete administrative record of this consultation is on file at the Sacramento Fish and Wildlife Office (Service File No. 08ESMF00-2018-F-3331).

Consultation History

March 2017 - January 2018 Weekly coordination calls between the Sacramento Fish and Wildlife Office, other Service field offices, and FEMA.

March 2017 - May 2018 Correspondence exchange and meetings between the Sacramento Fish and Wildlife Office, other Service field offices, and FEMA.

January 11, 2018 Received the Draft Programmatic Biological Assessment from

FEMA.

April 17, 2018 Received additional supplemental information for the Draft Biological Assessment.

May 2, 2018 Provided final comments on the Draft Programmatic Biological Assessment.

June 20, 2018 Received a Programmatic Biological Assessment from FE1v1A.

September 14, 2018

Received a letter from FErvIA changing the effects determinations for 20 species from Likely to Adversely Affect to Adversely Affect.

PROGRAMMATIC BIOLOGICAL OPINION

Scope of the Consultation

This document is a programmatic biological opinion for FErvIA's disaster, mitigation, and preparedness program (proposed action) ·within the Sacramento Fish and Wildlife Office's Jurisdiction in California. This is designed to facilitate FEJ'vIA's compliance with the Act for projects of a similar nature that occur as a result of Presidentially-declared disasters, and that are likely to adversely affect 17 federally-listed species and their respective designated or proposed critical habitats within the Sacramento Fish and Wildlife Office's jurisdiction. It is intended to provide Section 7(a)(2) compliance to FErvIA for the proposed projects from applicants and sub-grantees (Subapplicants) requesting funding under FEJ'vIA's disaster, mitigation, and preparedness program in California. It does not cover emergency consultations or FErvIA's implementation of the National Flood Insurance Program.

This programmatic biological opinion will cover a period of five years from the signature date of this document, with the potential for extension if warranted. When the 5-year period has expired or incidental take coverage under this programmatic biological opinion is met, FEJ'vIA may reinitiate a consultation to extend or amend the coverage provided in this programmatic biological opinion.

This programmatic biological opinion only applies to FEJ'vIA Subapplicants' proposed projects for which FEMA is the Lead Federal Agency for compliance under the Act. When FEJ'vIA and the U.S.

Army Corps of Engineers (USACE) are both involved with a Subapplicant's proposed project, the process described in the 2015 Memorandum of Understanding (MOU) (executed in 2015, updated in 2018, and subsequent annual updates) among FErvIA, USACE, Service, and NMFS will be followed to determine whether FEJ'vIA or the USACE is the lead federal agency for compliance with the Act.

Procedure to Cover Individual Projects Under this Programmatic Biological Opinion

To determine a Subapplicant's proposed project eligibility for coverage under this programmatic biological opinion, FEMA will determine whether a Subapplicant's proposed project meets the suitability criteria established under FEMA's programmatic biological assessment. If the proposed project meets the suitability criteria, FEJ'vIA will conduct a project-specific effects analysis and provide a summary of the potential direct and indirect effects associated with the covered project by submitting a completed ESA Review Form to the Service (Appendi'{ C, programmatic biological assessment). If the covered project may result in adverse effects to species, the ESA Review Form will include:

A brief description of the potential effects and mechanisms of take;

A description of the general avoidance and minimization measures, the species-specific Conservation Measures, and any additional measures developed specifically for the project that the Subapplicant will implement; and A quantification of the incidental take anticipated .

FEMA will submit the completed ESA Review Form to the Service and request concurrence that the project is applicable for coverage under the programmatic biological opinion. The Service will

Mr. Alessandro Amaglio 5 notify FEMA by electronic mail whether the Service does or does not concur with the proposed project's coverage under the programmatic biological opinion.

Description of the Proposed Programmatic Actions

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S. Code [U.S.C.] §§ 5121-5206), as amended, FEMA is authorized to provide grant funding to state and local governments, federally-recognized tribe and individuals (referred to as Subapplicants) who are adversely affected or potentially affected by human-caused or natural disasters. FEMA provides such grants to assist Subapplicants in repairing, restoring, or replacing disaster-damaged facilities, and to provide assistance with actions that will reduce or eliminate threats to public health and safety and reduce the risk of damage to public and private property during future disasters. FEMA has determined through experience with other disasters that the majority of the typically recurring actions proposed for funding can be grouped by type of action or location. Some of these projects may directly or indirectly affect federally-listed species and their designated or proposed critical habitats. FEMA's programmatic biological assessment contains a comprehensive description of all potential actions. These are summarized below.

Non-Emergency Debris Removal

For purposes of this document, debris removal performed in non-emergency situations includes:

Removing rock, silt, sediment, or woody debris that floodwaters have deposited in harbors and ports, stream channels, bridge and culvert openings, canals, sedimentation basins, sewage treatment ponds, ditches, and other facilities in such a manner as to disrupt normal flows, navigation, recreation, or municipal services;

Removing woody debris and other vegetation following events that damage or destroy trees;

Removing rock and earth from landslides caused by events such as earthquakes or heavy rains;

and Removing rubble after earthquakes .

All removed debris will be disposed of at approved and licensed disposal sites, in compliance ,vith existing laws and regulations. Any hazardous materials or other contaminants will be removed and disposed of in an appropriate manner. If possible, woody debris and construction materials will be recycled.

Constructing, Modifying or Relocating Facilities

FEMA is authorized to provide funds for constructing, modifying, or relocating facilities. Relevant actions include:

Upgrading or otherwise modifying facilities;

Providing temporary facilities;

Acquiring and demolishing existing facilities;

Repairing, realigning, or otherwise modifying roads, trails, utilities, and rail lines;

Constructing new facilities or relocating existing facilities;

Relocating the function of an existing facility; and Developing demonstration projects .

Mr. Alessandro Amaglio 6

During construction, avoidance and minimization measures are typically used and incorporated as part of the action. These typical measures are described later in this document.

Upgrading or Othetwise Modifying Fadlities

FEl'v1A may provide funds to implement changes required by current building codes and standards, or otherwise modify existing structures. Often, these changes make the structure more resistant to damage in future events. Typical activities include:

Making structures more fire-resistant (e.g., by replacing roofs and doors with fire-resistant materials);

Installing bracing, shear panels, shear walls, anchors, or other features so that structures are better able to withstand seismic events or high wind or snow loads;

Modifying structures to reduce the risk of damage during floods by elevating stmctures above the expected flood level or by flood proofing; and Modifying structures to meet another need of a Subapplicant, such as through an improved project or an alternate project under the Public Assistance Program.

Providing Temporary Facilities

FEl'vL\ may provide temporary housing facilities when a disaster renders homes uninhabitable for long periods. Such facilities typically consist of manufactured housing. Typical activities may involve:

Developing the pads for dwellings;

Constructing ancillary facilities, such as roads, streets, and parking lots;

Installing utilities, such as potable water lines, sewer hookups, electricity (including street lighting), and telephones lines; and Installing manufactured homes .

FEl'v1A may provide temporary facilities if other housing options are not feasible. Appropriate sites will not be located in a floodplain and do not contain wetlands or critical habitat, affect historic properties or archaeological sites, or contain hazardous materials. Installation of housing units and utilities will be accomplished in accordance with current codes and standards. After temporary housing is no longer needed at the disaster site, FEl'v1A will remove the temporary housing units and associated ancillary facilities, and restore the land to its original use. All removed materials will be stored for future use or disposed of in accordance with applicable laws and regulations.

Another method that FEl'v1A uses to provide temporary housing involves modifying existing facilities to serve as temporary housing. These facilities may consist of existing residential property or the adaptive reuse of non-residential facilities. Specific activities range from conducting repairs and minor upgrades to complete reconstruction of a building's interior. This action may involve acquisition or leasing of facilities. Modifying existing facilities for temporary housing may be conducted by FEMA directly or by providing funding to a Subapplicant.

FEl'v1A also may provide funding for temporary relocation of essential public services, in the event that the structures housing these services are damaged, destroyed, or otherwise rendered inaccessible by a disaster. Funds also may be provided for upgrades necessary to meet current codes and standards, and for the installation or modification of appurtenances, such as utilities, that are necessary to operate facilities.

Mr. Alessandro Amaglio 7

Acqttiring and Demolishing Existing Facilities

FEMA may provide funds for the acquisition and demolition of existing facilities, particularly if they are located in high-hazard areas and are subject to repetitive loss. Typically, these facilities are at a high risk because of: (1) damage from flooding; (2) erosion of stream banks, beaches, slopes, or bluffs; (3) landslides; or ( 4) wildfire. These facilities may consist of private properties, such as houses and commercial buildings, or publicly owned facilities, such as utilities, roads, and bridges.

Existing facilities will be either removed or demolished. All demolition materials will be disposed of at approved and licensed disposal sites, in compliance with applicable laws and regulations. Any hazardous materials or other contaminants will be removed and disposed of in an appropriate manner. Construction debris and household materials may be recycled if recycling facilities exist.

Once structures are removed, lots will be graded to conform to the local topography, and disturbed areas will be revegetated with species approved for the local area.

Repaiting, Realigning or Othetwise Modifying Roads, Trails, Utilities and Rail Lines

Roads, trails, utilities (water, sewer, natural gas, power/ electrical systems infrastructure), and rail lines are typically damaged when floods or heavy rains cause erosion, subsidence, or landslides.

Earthquakes may cause similar damage. Repairs are accomplished by replacing earthen material lost during the disaster and replacing the damaged surface, utility line, or, in the case of rail lines, ballast, and track. Stabilizing the replacement fill using rock, grout, timber walls, or steel sheet piling may be necessary. Hazard mitigation measures may be performed to prevent or limit future damage. For example, a pipe may be installed to convey drainage beneath a road, thus preventing future washouts, or a utility line may be encased in concrete in an area vulnerable to erosion.

If the area of damage is unstable, does not allow for repair, or is subject to repetitive loss, a facility may be realigned so that the area of damage is avoided. Property acquisition or a change in easement may be necessary.

Facilities may also be modified as part of improved projects or alternate projects under the Public Assistance Program to meet additional needs of the Subapplicant.

Constmcting New Facilities or Relocating Existing Facilities

If a facility is located in a floodplain or other hazardous area, is subject to repetitive damage, or has been damaged in such a way that restoration in the current location is not practical or cost-effective, FEMA may fund the construction of a new facility or the physical relocation of the existing facility.

FEMA defines hazardous areas as those areas susceptible to some type of natural hazard, such as flooding, seismic activity, coastal inundation, or mudslide. Examples of this action include construction of roads, trails, utilities and utility lines, and rail lines in a different area from the existing facility; construction and relocation of buildings; construction of safe rooms; and construction of drainage improvements.

In both new facility construction and physical relocation, FEMA may fund the cost of land acquisition and the construction of appurtenant features, such as access roads and utilities. For properties in the hazard area, FEMA acquires damaged properties, demolishes existing structures (except in cases of physical relocation), and places deed restrictions that limit future uses to open space in perpetuity. However, FEMA does not acquire land directly nor does it become a land owning agency as a result of this process.

Ivlr. Alessandro Amaglio 8

Relocating the Fttnction of an Existing Facility

FEMA may fund relocating the function of a facility to an existing facility that has adequate capacity to handle the additional load with minor modifications, if necessary. For structures, the occupants and materials are relocated to alternative structures, traffic may use alternate routes, and utility services are provided by alternative methods. Tbis action will not entail any major physical construction or addition to the existing facility and, if any work is required, it will consist only of minor modifications. For properties in the hazard area, FEMA may acquire damaged properties, demolish existing structures, and place deed restrictions to limit future uses to open space in perpetuity.

Developing Demonstration Pro/ects

Demonstration projects focus on public education and are designed to highlight procedures the public can use to reduce property damage during flood, earthquake, wildfire, wind, and rainstorm disasters. Demonstration projects may involve the development of a model facility to demonstrate how hazard mitigation technologies can be used to reduce potential damage during a disaster. Flood demonstration projects may involve items such as elevating a structure or waterproofing windows and doors that are below the base flood elevation. A fire demonstration project may include vegetation management around a facility and replacing roofs, doors, and windows with fire-resistant materials. Wind and earthquake demonstration projects may include changes to the structural design of buildings to allow them to withstand higher wind velocity or more movement during an earthquake.

Actions Involving Watercourses and Coastal Features

Many FEivlA funded activities pertain to inland water sources, such as streams, rivers, lakes, and coastal features such as harbors and beaches. Inland water sources may be perennial or dry during the summer months. During construction, avoidance and minimization measures typically will be used and incorporated as part of the action. Work in a stream channel often includes temporary diversion of the channel using sandbags or a cofferdam constructed of fill. Heavy equipment typically is operated from an adjacent road, bank, or other feature; however, in some cases, operating equipment in a channel area once flow has been diverted may be necessary. A pipe or a temporary secondary channel may be used to convey the diverted water.

If the action involves channel modifications, changes to the capacity of bridges and culverts, or the installation of attenuation structures, conducting hydraulic/hydrologic analyses to evaluate the changes of upstream and downstream flow rates and determine whether additional action components need to be added to address any changes in hydraulics and hydrology outside the project area may be necessary.

Relevant categories of activities include the following:

Repairing, stabilizing, or armoring embankments;

Creating, widening, clearing, or dredging a waterway;

Constructing or modifying a water crossing;

Constructing or modifying a water detention, retention, storage, or conveyance facility;

Constructing or modifying other flood control structures; and Constructing or modifying a coastal feature .

Mr. Alessandro Amaglio 9

Repaiting, Stabilizing orAmtoting Embankments

Repairing, stabilizing, or armoring embankments involves the repair of earthen or rock embankments damaged by floodwaters. Examples are natural stream banks; road, trail, and rail line embankments; embankments for irrigation and navigation canals; and levees used for flood control and reclamation. In addition to repair of damaged features, FEMA may fund measures designed to prevent damage in future flood events.

In addition to replacing fill material, embankments may be stabilized or armored through:

Placing of rock riprap;

Hardening with concrete or soil cement;

Installing retaining walls, gabions, or geotextile fabrics; and/ or Using bioengineering techniques, such as planting vegetation, placing root wads, or placing willow bundles.

A combination of these techniques may be employed. For example, rock and geotextiles, when used with root wads and willow bundles, may provide mitigation from erosion while enhancing the natural values of a stream corridor.

Creating, Widening, Clean·ng or Dredging a Wate1wqy

Creating, widening, clearing, or dredging a waterway may be used to reduce the flood hazard to adjacent lands, facilities, or populated areas. New channels may be constructed to convey excess flows around flood-prone areas during flood events. Drainage swales, earthen channels, concrete channels, or subsurface concrete pipes also may be used as a means of conveyance. A new channel may be constructed in a dry environment and connected to a stream after completion. This channel may have an inlet weir higher than the elevation of the normal flow so that the normal flows remain in the natural channel. The outlet may be armored with concrete or rock riprap to prevent excessive erosion of the existing channel.

Existing channels may be widened to allow a channel to convey a larger volume of water.

Conveyance may also be increased by replacing earthen banks or channel bottoms with concrete. To the extent possible, construction will be conducted from the top of the bank, but many activities may require construction equipment to work in the stream channel. In perennially flowing streams, work in a stream channel generally will be restricted to the low-flow period, and the flow will be diverted around the construction area. A pipe or a temporary secondary channel will be used to convey the diverted water.

As an alternative to constructing a bypass or modifying an existing channel, the existing channel may be cleared of vegetation or sediment to increase conveyance. This action often will be used in developed areas where modifications are not feasible, as well as in areas where years of inadequate maintenance have allowed trees and brush to grow within the channel or sediment and debris to accumulate in the channel or around culverts and bridges. Vegetation may be removed through mechanical means, by hand, or by application of herbicides. Vegetation may be removed not only from the channel but also from the banks and high-water areas, thus reducing the risk that floating debris could be trapped by trees or heavy brush. Sediment and debris may be removed by dredging, through use of heavy equipment, or by hand. All removed debris will be disposed of at approved and licensed disposal sites, in compliance with applicable laws and regulations. Woody debris and vegetation can be recycled if recycling facilities exist.

rvrr. Alessandro Amaglio 10

Constructing or Nlodifying Water Crossings

FEMA may fund the repair or replacement of damaged water crossings, the enlargement of openings to allow greater conveyance and reduce the risk that debris may be trapped during floods, or the installation of bank protection or other means to reduce the risk of erosion. Crossings may be relocated or improved to avoid high-hazard areas, repetitive damage, or areas where reconstruction is not cost-effective or feasible.

Culverts may consist of corrugated metal pipes, reinforced concrete pipes, or reinforced concrete box culverts. The capacity of a culvert crossing may be increased to reduce the risk of flooding to the surrounding area, or the culvert may be modified to prevent overtopping or erosion of the crossing. Typical measures include:

Increasing the size of a culvert or adding culvert barrels;

Replacing or changing the type of culvert;

Changing the location or alignment of a culvert; and Adding features, such as a headwall, discharge apron, or riprap to reduce the risk of erosion or damage to a culvert or the crossing.

Similarly, bridges may be modified to increase capacity to reduce the risk of flooding or to reduce the risk of damage to the crossing. Typical activities include:

Widening existing openings or constructing new openings;

Reconfiguring bracing to reduce the risk that debris will be trapped;

Installing protective features, such as concrete abutments or riprap, to reduce the risk of damage due to erosion and scour; and Replacing a multi-span structure with a clear-span structure .

A bridge may be installed to replace a culvert to increase the flow capacity of a crossing. Low-water crossings may be installed or improved as an alternative to repairing or replacing a culvert or bridge.

Constructing or upgrading a low-water crossing typically involves hardening the banks and bottom of a water body. A temporary diversion may be necessary during construction activities.

Constructing and Water Detention, Retention, Storage or Convryance Fmi/ity

Constructing a water detention, retention, storage, or conveyance facility may include the construction, enlargement, or restoration of detention basins, retention basins, sediment ponds, reservoirs, or conveyance facilities, such as irrigation ditches or flumes, to reduce flood flows or to provide a water source for fighting fires in an area of high fire hazard. The creation and/ or enlargement of water storage reservoirs is most frequently associated with flood disasters and to a lesser extent, fire disasters.

Detention basins, retention basins, sediment ponds, and reservoirs will be constructed to temporarily store floodwater to reduce downstream peak flows. The stored water will be released at a slower rate so that the existing drainage-ways can convey water without contributing to downstream flooding. All areas disturbed during the construction of these features will be revegetated with native plant species. This action also will include the repair or restoration of water retention or conveyance structures. All sediment removed from these features will be disposed of in a manner consistent with Federal, State, and local laws and regulations.

Mr. Alessandro Amaglio 11

In rural areas, firefighting may be constrained by the lack of water readily accessible to firefighters.

In response to this need, proposed activities also may include the creation of retention facilities in locations that firefighters can readily access, either as a direct source of water or as a source of water to fill water supply trucks. All areas disturbed during the construction of a retention facility will be revegetated with native plant species.

Constructing Other Flood-Control Structures

A flood-control structure is a facility designed to prevent floodwaters from entering a flood-prone area. Typical examples are levees (also referred to as dikes) and floodwalls. Activities include:

Repairing damaged facilities, usually during emergency situations;

Installing embankment protection;

Raising the height of existing facilities to prevent overtopping in future floods;

Constructing new facilities to protect flood-prone areas from damage during future floods; and Modifying or installing interior drainage systems to reduce the risk of damage behind levees and floodwalls during heavy rains or flooding events on tributary streams.

Levees will be repaired or constructed using compacted fill and, in some cases, riprap protection.

Bare earth will be seeded with grasses to prevent erosion. Typically, a gravel road will be installed on the levee's crest to allow for maintenance. Floodwalls, typically built in urban areas, will be constructed using reinforced concrete or grouted, reinforced concrete block. Excavation will be necessary to install footings. Levees and floodwalls both will have interior drainage systems that may include pumps for removing accumulated water.

Constructing a Coastal Featttre

Constructing a coastal feature may involve the repair, replacement, or construction of facilities in coastal environments, such as estuaries, inlets, harbors, and beaches. These facilities include:

Recreational facilities, such as piers and boat ramps;

Facilities for maritime use, such as docks and slips;

Shoreline protection devices, such as seawalls, groins, jetties, and revetments; and Coastal flood-control structures, such as levees .

Construction activities are expected to occur in water and involve driving piles, placing rock or soil, or dredging sand, mud, or other sediment.

Wildfire Risk Reduction

Vegetation management is intended to reduce the risk of loss and damage due to wildfire and, as described above under "Actions Involving Watercourses and Coastal Features", increase the ability of channels to convey flows, thus reducing the risk of flood damage. Vegetation management for wildfire risk reduction may be accomplished using mechanical means, hand-clearing, application of herbicides, or grazing. Some activities may include a combination of these methods. During implementation, avoidance and minimization measures will be used and incorporated as part of the action.

Relevant categories of activities are:

Mechanical or hand clearing of vegetation;

Herbicidal treatments; and Biological control.

Mechanical or Hand Cleating ef Vegetation

Mechanical or hand clearing of vegetation will be used for the selective removal of vegetation so that a certain proportion of vegetation is left in place. This is done to reduce the amount of vegetative fuels in an area where mechanical removal of vegetation is impractical or the remaining vegetation needs to be protected. Per FEJ\IIA's Wildfire Mitigation Policy vegetation may be removed to create defensible space around buildings and structures, and to protect life and property beyond defensible space perimeters but proximate to (less than 2 miles from) at-risk structures. The creation and maintenance of firebreaks, access roads, and staging areas are not eligible for FEJ\IL,\ funding.

In mechanical removal, heavy equipment will be used to uproot, crush, pulverize, or cut the trees and brush being removed. Hand removal will involve the use of chainsaws, axes, and hoes to cut and uproot vegetation. Depending on the location of the vegetation removal project and State and local regulations, vegetation downed as a result of mechanical or hand removal will be piled and burned onsite, chipped and spread onsite, or loaded and hauled away from the site. After the removal of the targeted vegetation, cleared areas may be revegetated with native, fire-resistant species. Vegetation hauled offsite can be recycled but must be disposed of in accordance ,vith appropriate requirements.

Herbicidal Treatments

Activities generally associated with herbicidal treatment include the removal of targeted exotic invasive species within specific areas and the prevention of growth and re-sprouting of undesirable vegetation once an area has been cleared of excessive vegetation by mechanical removal and/ or hand removal. Only U.S. Environmental Protection Agency-approved herbicides will be used to control the growth of undesired vegetation in a manner consistent with labeling instructions and applicable Federal and State regulations. After treatment, some areas may be revegetated ,vith native vegetation that is fire resistant.

Biological Control

In biological control, cattle, horses, goats, sheep, or other livestock are allowed to graze on grasses and other vegetation as a means of control. Any area proposed for grazing will be fenced. The type of animals, timing, duration, and stocking rate will be selected based on the targets of the vegetation management plan (i.e., the quantity and quality of residue to remain).

Proposed General Avoidance and Minimization Measures and Species-Specific Conservation Measures

General Avoidance and Minimization Measures

The general avoidance and minimization measures described in this section will be implemented, as appropriate, to reduce the identified potential adverse effects from a Subapplicant's proposed

Mr. Alessandro Amaglio 13 project. The Subapplicant will be responsible for implementation of the avoidance and minimization measures that FEMA identifies as necessary for the proposed project.

GEN AMM-1 Erosion and Sedimentation Prevention Measures: The Subapplicant will prepare an Erosion Control Plan, as needed. The Erosion Control Plan will detail the erosion and sedimentation prevention measures required. As part of this plan, the Subapplicant \vill ensure that sediment-control devices are installed and maintained correctly. For example, sediment will be removed from engineering controls once the sediment has reached one-third of the exposed height of the control. The devices will be inspected frequently (i.e., daily or weekly, as necessary) to ensure that they are functioning properly; controls will be immediately repaired or replaced or additional controls will be installed as necessary. Sediment that is captured in these controls may be disposed of onsite in an appropriate, safe, approved area or offsite at an approved disposal site.

Areas of soil disturbance, including temporarily disturbed areas, will be seeded with a regionally appropriate erosion control seed mixture. On soil slopes with an angle greater than 30 percent, erosion control blankets will be installed or a suitable and approved binding agent will be applied.

Runoff will be diverted away from steep or denuded slopes.

Where habitat for covered species is identified within, or adjacent to, the project footprint, all disturbed soils at the site will undergo erosion control treatment before the rainy season starts and after constmction is terminated. Treatment may include temporary seeding and sterile straw mulch.

GEN AMM-2 Bank Stabilization: If bank stabilization activities are necessary, then such stabilization will be constructed to minimize erosion potential, and will contain design elements suitable for supporting riparian vegetation, if feasible.

GEN AMM-3 Dust Control Measures: To reduce dust, all traffic associated with the Subapplicant's construction activities will be restricted to a speed limit of 15 miles per hour when traveling off of highways or county roads.

Stockpiles of material that are susceptible to wind-blown dispersal will be covered with plastic sheeting or other suitable material to prevent movement of the material.

During construction, water or other binding materials \vill be applied to disturbed ground that may become windborne. If binding agents are used, all manufacturers' recommendations for use will be followed.

GEN AMM-4 Spill Control Planning: The Subapplicant will prepare a Spill Prevention and Pollution Control Plan to address the storage of hazardous materials and emergency cleanup of any hazardous material and \vill be available onsite, if applicable. The plan will incorporate hazardous waste, storm water, and other emergency planning requirements.

GEN AMM-5 Spill Prevention and Pollution Control Measures: The Subapplicant will exercise every reasonable precaution to protect covered species and their habitats from pollution due to fuels, oils, lubricants, construction by-products, and pollutants such as construction chemicals, fresh cement, saw-water, or other harmful materials. Water containing mud, silt, concrete, or other by products or pollutants from construction activities will be treated by filtration, retention in a settling pond, or similar measures. Fresh cement or concrete will not be allowed to enter the flowing water of streams and curing concrete will not come into direct contact with waters supporting covered

Mr. Alessandro Amaglio 14 species. Construction pollutants will be collected and transported to an authorized disposal area, as appropriate, per all Federal, State, and local laws and regulations.

To reduce bottom substrate disturbance and excessive turbidity, removal of existing piles by cutting at the substrate surface or reverse pile driving with a sand collar at the base to minimize resuspension of any toxic substances is preferable; hydraulic jetting will not be used.

No petroleum product chemicals, silt, fine soils, or any substance or material deleterious to covered species will be allowed to pass into or be placed where it can pass into a stream channel. There will be no side-casting of material into any waterway.

All concrete or other similar rubble will be free of trash and reinforcement steel. No petroleum based products (e.g., asphalt) will be used as a stabilizing material.

The Subapplicant will store all hazardous materials in properly designated containers in a storage area with an impermeable membrane between the ground and the hazardous materials. The storage area will be encircled by a berm to prevent the discharge of pollutants to ground water or runoff into the habitats of covered species. A plan for the emergency cleanup of any hazardous material will be available onsite, and adequate materials for spill cleanup will be maintained onsite.

GEN AMM-6 Equipment Inspection and Maintenance: Well-maintained equipment will be used to perform the work and, except in the case of a failure or breakdown, equipment maintenance will be performed offsite. Equipment will be inspected daily by the operator for leaks or spills. If leaks or spills are encountered, the source of the leak will be identified, leaked material will be cleaned up, and the cleaning materials will be collected and properly disposed. Fueling of land- and marine-based equipment will be conducted in accordance with procedures to be developed in the Spill Prevention and Pollution Control Plan.

Vehicles and equipment that are used during the course of a project will be fueled and serviced in a "safe" area (i.e., outside of sensitive habitats) in a manner that will not affect covered species or their habitats. Spills, leaks, and other problems of a similar nature will be resolved immediately to prevent unnecessary effects on covered species and their habitats. A plan for the emergency cleanup of any spills of fuel or other material will be available onsite, and adequate materials for spill cleanup ·will be maintained onsite.

GEN AMM-7 Fueling Activities: Avoidance and minimization measures will be applied to protect covered species and their habitats from pollution due to fuels, oils, lubricants, and other harmful materials. Vehicles and equipment that are used during project implementation will be fueled and serviced in a manner that will not affect covered species or their habitats. Machinery and equipment used during work will be serviced, fueled, and maintained on uplands to prevent contamination to surface waters. Fueling equipment and vehicles will be kept more than 200 feet away from waters of the United States. Exceptions to this distance requirement may be allowed for large cranes, pile drivers, and drill rigs if they cannot be easily moved.

GEN AMM-8 Equipment Staging: No staging of construction materials, equipment, tools, buildings, trailers, or restroom facilities will occur in a floodplain during flood season at the proposed project location, even if staging is only temporary.

GEN AMM-9 Materials Storage and Disposal: Stockpiled soils will be adequately covered to prevent sedimentation from runoff and wind. All hazardous materials will be stored in upland areas

Mr. Alessandro Amaglio 15 in storage trailers and/ or shipping containers designed to provide adequate containment. Short-term laydown of hazardous materials for immediate use will be permitted provided the same containment precautions are taken as described for hazardous materials storage. All construction materials, wastes, debris, sediment, rubbish, trash, and fencing will be removed from the site once project construction is complete and transported to an authorized disposal area, as appropriate, in compliance with applicable Federal, State, and local laws and regulations. No disposal of construction materials or debris will occur in a floodplain. No storage of construction materials or debris will occur in a floodplain during flood season.

GEN AMM-10 Fire Prevention: With the exception of vegetation-clearing equipment, no vehicles or construction equipment will be operated in areas of tall, dry vegetation.

The Subapplicant will develop and implement a fire prevention and suppression plan for all maintenance and repair activities that require welding or otherwise have a risk of starting a wildfire.

GEN AMM-11 Waste Management: The work area will be kept free of loose trash, including small pieces of residual construction material, such as metal cuttings, broken glass, and hardware.

All food waste will be removed from the site on a daily basis.

All construction material, wastes, debris, sediment, rubbish, vegetation, trash, and fencing will be removed from the site once the project is completed and will be transported to an authorized disposal area, as appropriate, per all Federal, State, and local laws and regulations.

GEN AMM-12 Work Involving Boats and Barges: For projects that involve in-water work for which boats and/ or temporary floating work platforms are necessary, buoys will be installed so moored vessels will not beach on the shoreline, anchor lines will not drag, and moored vessels and buoys are not located within 25 feet of vegetated shallow waters. Temporary floating work platforms will not anchor or ground in fish spawning areas in freshwater or in eelgrass, kelp, or macro algae.

To reduce the likelihood of introducing aquatic invasive species, vessels will use the State's Marine Invasive Species Program. Drip pans and other spill control measures will be used so that oil or fuel from barge-mounted equipment is properly contained.

GEN AMM-13 Work Area Designation to Minimize Disturbance: The Subapplicant will reduce, to the maximum extent practicable, the amount of disturbance at a site to the absolute minimum necessary to accomplish the project. Wherever possible, existing vegetation will be salvaged from the project area and stored for replanting after earthmoving activities are completed.

Topsoil will be removed, stockpiled, covered, and encircled with silt fencing to prevent loss or movement of the soil into covered species habitats. All topsoil will be replaced in a manner to recreate pre-disturbance conditions as closely as possible.

Project planning must consider not only the effects of the action itself, but also all ancillary activities associated with the actions, such as equipment staging and refueling areas, topsoil or spoils stockpiling areas, material storage areas, disposal sites, routes of ingress and egress to the project site, and all other related activities necessary to complete the project.

GEN AMM-14 Access Routes and Staging Areas: When working on stream banks or floodplains, disturbance to existing grades and vegetation will be limited to the actual site of the project and necessary access routes. Placement of all roads, staging areas, and other facilities will avoid and limit disturbance to sensitive habitats (e.g., stream banks, stream channel, and riparian

Mr. Alessandro Amaglio 16 habitat) as much as possible. When possible, existing ingress or egress points will be used and/ or work will be performed from the top of the stream banks. After completion of the work, the contours of the streambed, vegetation, and stream flows will be returned to their pre-construction condition or better.

All staging and material storage areas, including the locations where equipment and vehicles are parked overnight, will be placed outside of the flood zone of a watercourse, above areas of tidal inundation, away from riparian habitat or wetland habitat, and away from any other sensitive habitats. When possible, staging and access areas will be situated in areas that are previously disturbed, such as developed areas, paved areas, parking lots, areas with bare ground or gravel, and areas clear of vegetation.

GEN AMM-15 Environmental Awareness Training for Construction Personnel: All construction personnel will be given environmental awareness training by the project's environmental inspector or biological monitor before the start of construction. The training will familiarize all construction personnel with the covered species that may occur onsite, their habitats, general provisions and protections afforded by the Act, measures to be implemented to protect these species, and tl1e project boundaries. This training will be provided within three days of the arrival of any new worker.

As part of the environmental awareness training, construction personnel ·will be notified that no dogs or any other pets under control of construction personnel will be allowed in the construction area, and that…