Section 6: Protected Species Requirements

TxDOT is required to comply with rules, regulations, and permits administered by the Texas Parks and Wildlife Department (TPWD) and the U.S. Fish and Wildlife Service (USFWS),
and the National Marine Fisheries Service (NMFS).
 Failure to comply with Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA),
Marine Mammal Protection Act (MMPA) and other biological regulations
 can result in administrative and criminal penalties for TxDOT or contractor personnel. Ensure the contractor adheres
to any species related
 EPIC requirements included in the contract
as they are in place to ensure compliance with regulation or agency agreements.
Protected species include state or federally listed endangered species, migratory birds,
along with many species native to Texas that may be found within the project area
.
EPIC
 requirements could include avoidance and minimization measures stated in the plans, such as avoidance of sensitive wildlife, and wildlife habitats in the project area, project phasing requirements (such as clearing vegetation outside of bird nesting season),
following procedures to prevent introducing invasive species (such as zebra mussels),
 or the implementation of BMPs such as Amphibian and Reptile Exclusion Fence (AREF). The Contractor will also need to be made aware of any incomplete surveys or permit actions, including any CMPs, and must be instructed to avoid work in those areas until surveys and permits are completed to avoid non-permitted impacts.
To meet protected species requirements
TxDOT will
:
  • Be
     aware of the commitments pertaining to any species
    in the EPIC section in PS&E
    . environmental permits, issues, and commitments (EPICs) section in the plans, specifications, and estimates (PS&E). Check the CMP for any permits that have not been finalized before project letting. Review all species requirements during the preconstruction conference.
  • Ensure the contractor has the necessary information to identify and recognize sensitive wildlife and wildlife habitats. This information is available from the District
    Environmental Staff or the DEQC
    .
  • Provide the contractor with copies of applicable permits or coordination documentation.
  • Provide any species-specific training to contractor personnel, and periodically ensure that new personnel have also received required training.
  • Ensure the contractor
    is aware of all avoidance
     and minimization measures in the construction plans.
  • Ensure the contractor makes a good faith effort to implement
    all
     avoidance and minimization measures in the construction plans and recommendations included in the contract.
  • Ensure the contractor knows how to stop work and consult with District Environmental Staff if they encounter difficulty implementing an avoidance or mitigation measure.
  • Require the contractor to notify the DEQC immediately if any protected species or new habitat is found in the project area.
  • Ensure any existing wildlife crossing structures, fences, wildlife guards, escape ramps, and
    other wildlife-specific infrastructure
     are not moved, cut, or altered in any activities that may allow wildlife to access the road right of way, or impede their finding and moving through the structures. If wildlife crossing structures, fences, and other features are part of the contract, ensure all infrastructure elements are exactly to specifications, with fences completely buried or at the soil level with no holes, escape ramps to the correct heights and slope ratios, wildlife crossing structures completely open and accessible to wildlife and not blocked by any fences, no barb wire placed on any fences, and other wildlife considerations in the contract. Contact the
    District Environmental Staff
     for specific project information.
  • Ensure that ENV is given the opportunity to review project activities resulting from change orders that
    modify plans or
     extend project impacts into
    new ROW
     or easements that were not included in the original PS&E. ENV will then coordinate the review with the appropriate agencies and provide the results of the review to the AE and the DEQC, who will then notify the contractor when work may resume.
For more information on protected species, contact ENV’s Natural Resources Management Section.