Annex A FWCA & ESA Compliance ANNEX A FISH AND WILDLIFE COORDINATION ACT AND ENDANGERED SPECIES ACT COMPLIANCE CEPP Final PIR and EIS July2014 Annex A-i Annex A FWCA & ESA Compliance This page intentionally left blank CEPP Final PIR and EIS July2014 Annex A-ii Annex A FWCA & ESA Compliance TABLE OF CONTENTS A FISH AND WILDLIFE COORDINATION ACT AND ENDANGERED SPECIES ACT COMPLIANCE ........... 1 A.1 Planning Aid Letters ................................................................................................................... 1 A.2 Coordination Act Reports ........................................................................................................ 38 A.3 Recommendations and responses under the Fish and Wildlife Coordination Act Report .... 123 A.4 Listing of Threatened and Endangered Species ....................................................................... 13 A.5 Endangered Species Act Biological Assessment .................................................................. 1446 A.5.1 Comprehensive Everglades Restoration Plan (CERP) Programmatic Biological Assessment submitted to the National Marine Fisheries Service ............................ 147 A.5.2 Central Everglades Planning Project Biological Assessment submitted to the US Fish and Wildlife Service .................................................................................................. 259 A.5.2.1 US Fish and Wildlife Service Request for Additional Information ............................ 485 A.5.2.2 Supplemental Technical Analysis in response to Fish and Wildlife Service Request for Additional Information on the Central Everglades Planning Project Biological Assessment ............................................................................................................... 497 A.6 Endangered Species Act Biological Opinion ........................................................................... 689 A.6.1 National Marine Fisheries Service Comprehensive Everglades Restoration Plan Endangered Species Act Programmatic Biological Opinion ...................................... 690 A.6.2 US Fish and Wildlife Service Programmatic Biological Opinion for the Central Everglades Planning Project ...................................................................................... 772 A.7 Endangered Species Act Correspondence ............................................................................. 994 CEPP Final PIR and EIS July 2014 Annex A-iii Annex A FWCA & ESA Compliance This page intentionally left blank CEPP Final PIR and EIS July 2014 Annex A-iv Annex A FWCA & ESA Compliance A FISH AND WILDLIFE COORDINATION ACT AND ENDANGERED SPECIES ACT COMPLIANCE A.1 Planning Aid Letters Planning Aid Letters (PAL) were received from U.S. Fish and Wildlife Service (FWS) on January 20, 2012, March 27, 2012 and December 12, 2012. CEPP Final PIR and EIS July 2014 Annex A-1 United States Department of the Interior FISH AND WILDLIFE SERVICE South Florida Ecological Services Office 1339 2o•h Street Vero Beach, Florida 32960 January 20, 2012 Colonel Al Pantano District Commander U.S. Army Corps of Engineers 701 San Marco Boulevard, Room 372 Jacksonville, Florida 32207-8175 Dear Colonel Pantano: The U.S. Fish and Wildlife Service (Service) has prepared this Planning Aid Letter (PAL) to assist in developing the Central Everglades Planning Project (CEPP), an expedited planning process to implement portions ofthe Comprehensive Everglades Restoration Plan (CERP) located in the central Everglades. This PAL is provided in accordance with the Fish and Wildlife Coordination Act of 1958, as amended (FWCA) (48 Stat. 401; 16 U.S.C. 661 et seq.), and section 7 of the Endangered Species Act of 1973, as amended (Act) (87 Stat. 884; 16 U.S.C. 1531 et seq.). This PAL does not constitute the report ofthe Secretary of Interior as required by section 2(b) ofthe FWCA, nor does it constin1te a biological opinion under section 7 of the Act. The purpose ofthis PAL is to provide the U.S. Army Corps of Engineers (Corps) with recommendations regarding several aspects of the planning process including but not limited to the project goals and objectives, management actions that should be considered (e.g., project components), ecological performance measures, and to provide a list of Threatened and Endangered species that may be encountered within the Study Area. BACKGROUND Project Purpose While CERP has made considerable progress on projects on the periphery ofthe remaining Everglades less has been achieved in the most critical areas of the central Everglades. Constrnction has begun on the first generation of CERP project modifications already authorized by Congress. These include the Picayune Strand, Indian River Lagoon South and Site 1 projects. Project Implementation Reports have been completed, or are nearing completion, for the second generation of CERP projects for Congressional authorization. These include the Biscayne Bay Coastal Wetlands, Broward County Water Preserve Area, Caloosahatchee River (C-43) West Basin Storage Reservoir, and C-111 Spreader Canal Western projects. TAKE PRIDE®l!f:; 1 •NAM ERICA~ Annex A-2 Central Everglades Planning Project Page 2 The next step for implementation of the Plan, and the main focus of CEPP, is to redirect water that is currently discharged to the east and west coast estuaries from Lake Okeechobee and restore water flow to the south. This will allow for restoration of natural habitat conditions and water flow in the central Everglades and re-connect the central Everglades ecosystem with Everglades National Park (ENP) and Florida Bay. The Corps, who is leading the planning eff01t in partnership with the South Florida Water Management District (SFWMD), has recommended that the Everglades Agricultural Area Storage and Treatment (EAA), DecompartmentaJization of Water Conservation Area 3 (Decomp PIR I), and Everglades Seepage Management (ESM) projects form the core of CEPP. These are highly interdependent features of the Plan that must be formulated and optimized in a comprehensive and integrated manner. Planning Process The CEPP wiJI be one of five nationwide pilot projects to utilize a streamlined planning process with the goal of significantly reducing the amount of time it takes to plan projects. Over the last decade it has become apparent that the current Corps planning process is perceived by sponsors, State and Federal partners, Congress and the public as taking too long, being too cumbersome, too detailed, too expensive and does not lead to a better product or decision commensurate with the added years of effort to an already long process. The Corps and senior leadership at the Office of the Assistant Secretary of the Army (Civil Works) have initiated a pilot program for candidate planning studies designed to assess the effectiveness of transforming the Civil Works Planning Program to better meet the needs of the nation' s water resources challenges. Based on the above, the proposed approach foJ the CEPP is to incorporate the new science and understanding of the hydrology of the ecosystem and build upon the information and tools developed by SFWMD in support of a more streamlined planning process that utilizes the concepts for transformation of the Corps planning process. A general outline of the proposed process for CEPP is shown in Figure 1. Annex A-3 Central Everglades Plannjng Project Page 3 Central Everglades Planning Project > Target = 18 months Incorporate > Updated Develop Develop SCOPING Science & Next TSP & 1. Hydrology Increment PIA I ____...._____......______,____ 1 EXECUTION 1> IPR 3 months Coonlinated Review Decision Point 1 .....__--------------' ->-------..> Determine Study ~ IPR 2 !PR 3 IPR -l REVIEW 6)1 Direction \.;!:.I _ _ . • Study scope/schedule 1 I 1 • Analysis tools & techniques {"';:;\ IPR 5 IPR CONFIRMATION • Risk register \..=2:./ _ . • Key Assumptions G) I -w/out project conditions IPR 7 -policy/process assumptions • Review Plan Decision Point 2 © • Initiate model approvals Tentatively Selected Plan lncomorate UlliJated Develog Next Science & Hydrology Authorization Increment DevelogTSP Decision Point 3 Decision Point 4 • Evaluation tools • Establish criteria • Detailed development Civil Works Review Board Final Chief's Report •Update targets -Restoration of TSP • Complete draft PIA • Final EIS tiled • Formulation Thresholds • Project assurances • Public review • State & agency Scenarios -Other considerations • Reservations • Policy review review Management • Plan formulation & • Prepare draft PIA • IEPR • Prepare final Measures/Features evaluation • Agency Technical Review • Prepare final PIA Chief's Report • Develop updated • Identify increment tor Conceptual framework authorization (TSP) Figure 1 Figure 1: General outline of the proposed process for CEPP. Project Objectives The major goal of the project, as stated by project managers, is to redirect water that is currently discharged to the east and west coast estuaries from Lake Okeechobee and restore water flow to the south, all.owing for restoration of natmal habitat conditions and water flow in the central Everglades. This will re-connect the central Everglades ecosystem with ENP and Florida Bay. This portion of the Plan will include those components that provide for storage, treatment and conveyance south of Lake Okeechobee, removal of canals and levees within central Everglades and seepage management features to protect the urban and agricultural areas to the east from the increased flow of water through the central portion of the system. An integrated study effort on these components is needed to set the direction for the next decade of implementation of the Plan. The goaJ of the study effort would be to develop an integrated, comprehensive technical plan for deljvering the right quantity, quality, timing and distribution of water needed to restore and reconnect the central Everglades ecosystem. The study area for the CEPP has been defined to include Lake Okeechobee, Caloosahatchee and St. Luci.e Estuaries, EAA, Greater Everglades, BNP, and Biscayne and Florida Bays (Figure 2). Annex A-4 Central Everglades Planning Project Page4 To achieve the goals stated above, the Corps and SFWMD have drafted pselimjnary project objectives as follows: );;>- Restore seasonal bydroperiods and freshwater distribution that support a natural mosaic of wetland and upland habitat in the Everglades System. )» Improve sheet flow patterns and surface water depths and durations in order to reduce soil subsidence, frequency of damaging fires, and decline of tree islands. )» Reduce water loss out of the natural system to promote appropriate dry season recess.ion rates for wildlife utilization. )» Restore more natural water level responses to rainfall predicted by project modeling that wrn promote plant and an.imal diversity and habitat function. ).;> Increase oyster habitat and sea grass populations in the Northern Estuaries by redudng salinity fluctuations from freshwater regulatory pulse discharges. Annex A-5 Everglades Planning Project Page 5 ..t pOJtTANT DI~CV&ltR "'"·....,.·"-fll~lllat CENTRAL EVERGLADES Planning Project Draft Base Map .. All boundanes are approx1mate and subJeCt to change Figure 2. Central Everglades Planning Project Study Area. Annex A-6