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Section 2: Biological Resources

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Endangered Species Act Requirements

Ensure the contractor is aware of state or federally listed endangered species that may occur and any endangered species coordination specific to the project. This would include avoidance, and minimization measures written in the construction plans and/or environmental permits and commitments. Ensure the contractor is aware of the steps necessary to comply with any incidental take (ESA compliance) that has been granted through consultation with the USFWS.

Ensure the contractor has the necessary information to recognize the endangered species present in the project area. This information is available from the district environmental coordinator. Immediately notify the district environmental coordinator of any observed differences in the effects of construction on listed species or incidental take that exceeds the quantity allowed in the Endangered Species Act of 1973 (ESA) Biological Consultation documentation.

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U.S. Fish and Wildlife Service (USFWS) and Texas Parks and Wildlife Department Reviews (TPWD)

Ensure the contractor adheres to any USFWS or TPWD recommendations included in the contract. The recommendations would include avoidance and minimization measures stated in the plans, such as avoidance of sensitive wildlife and wildlife habitats in the project area. Ensure the contractor has the necessary information to identify and recognize sensitive wildlife and wildlife habitats. Contact the environmental coordinator for specific project information.

Ensure the contractor adheres to restrictions on impacts to any of these water features:

  • stream channels in new rights-of-way ( ROW)
  • stream channels in existing, unmaintained ROW
  • new channel easements or
  • new disturbance to existing channel easements.

In addition, TPWD reviews project environmental documents that meet the criteria listed in the Memorandum of Understanding between the department and TPWD. USFWS and TPWD may make recommendations for mitigation of impacts to wildlife and habitats. Ensure the contractor makes a good faith effort to implement any USFWS or TPWD recommendations included in the contract.

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