United States Department of the Interior

U.S. FISH AND WILDLIFE SERVICE

7915 BAYMEADOWS WAY, SUITE 200
JACKSONVILLE, FLORIDA 32256-7517

IN REPLY REFER TO:
FWS Log No. 41910-2014-I-0005

November 1, 2013

‘Andrew Phillips NOV 9 4 2015
Department of the Army

U.S. Army Corps of Engineers, Cocoa Regulatory Office

400 High Point Drive, Suite 600

Cocoa, FL 32926

Dear Mr. Phillips:

Our office has reviewed your correspondence and accompanying information, dated
September 24, 2013, for the following project.

APPLICANT CORPS APPLICATION | FWS LOG NUMBER
NUMBER :
The Federal Railroad SAJ-2012-01564 © | 44910-2014-1-0005
Administration (SP-AWP)
(FRA) j

The applicant is currently developing an Environméntal Impact Statement (EIS) for the
proposed project by All Aboard Florida to provide intercity passenger rail transportation
between Orlando and Miami, Florida, by maximizing use of existing transportation
corridors. The applicant completed a Biological Assessment (BA) to determine if the
potential impacts the proposed project may affect the West Indian Florida manatee,
Audubon’s crested caracara, wood stork, blue-tail mole skink and Florida sand skink,
Florida scrub-jay, and the eastern indigo snake. We submit the following comments in
accordance with Section 7 of the Endangered Species Act (Act) of 1973, as amended (16
U.S.C. 1531 et seg).

The Corps reviewed this project for potential impacts to federally-listed species and
determined that the proposed project occurs within the range of the West Indian manatee
(Trichechus manatus latirostris), eastern indigo snake (Drymarchon corais couperi), and.
wood stork (Mycteria Americana). The Corps evaluated potential impacts to the West
Indian, manatee, eastern indigo’ snake and wood stork using the “2013.Manatee Key”,
“2010 Eastern Indigo Snake Key” and: the “2008. Wood Stork Key”. Use of the keys
resulted in the conclusion that the proposed project is “not likely to adversely affect”
these species. We concur with the determination for these species. In addition, you will
include the “Standard Manatee Conditions” and the 2013 “Standard Protection Measures


for the Eastern Indigo Snake” as a special condition to the Corps permit. The applicant
will also be mitigating within an approved mitigation bank for any impacts to the wood
stork core foraging area within the proposed project.

Based upon review of the BA and surveys completed by the applicant and provided to the
Service it has been determined that the proposed rail addition “may affect, but is not
likely to adversely affect” the Florida scrub-jay (Aphelocoma coerulescens), the blue-
tailed mole skink (Eumeces egregius lividus) and the Florida sand skink (Neoseps
reynoldsi). The information provided has identified areas of suitable habitat, soil, and
elevations for the Blue-tailed mole skink and the Florida sand skink. Additional surveys
are being completed by the applicant and will be provided to the Service upon
Completion.

The applicant has conducted several Audubon’s crested caracara surveys within the
proposed project site and although no active crested caracara’s nest have been
documented within the proposed project area, they have been observed perched on the
ground within the proposed area. We ask that during the caracara’s nesting season
(November | — April 30) any suitable habitat that is to be cleared be monitored for any
active nests or nesting activity. If an active nest is observed within the proposed project
area please contact our office. The Service concurs with the determination that the
proposed project “may affect, but is not likely to adversely affect” the Audubon’s crested
caracara.

Although this does not represent a biological opinion as described in Section 7 of the Act,
it does fulfill the requirements of the Act and no further action is required. Reinitiating
consultation is required if new information reveals effects of the action agency that may
affect listed species or critical habitat in a manner or to an extent not considered in this
consultation; the action agency is subsequently modified in a manner that causes an effect
to a listed species or critical habitat not considered in this consultation; if unauthorized
take of any listed species (West Indian manatee, Eastern indigo snake, wood stork,
Florida scrub-jay, Blue-tail mole skink, Florida sand skink and Audubon’s crested
caracara) occur during construction; or a new species is listed or critical habitat
designated that may be affected by the action.

If you have any questions regarding this response, please contact Zakia Williams of my
staff at the address on the letterhead, or by calling (904) 731-3326.

(hie Dying

Jay B. Herrington‘
Field Supervisor