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). Failure to comply with Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), National Marine Fisheries Service (NMFS) and other requirements can result in administrative and criminal penalties for TxDOT or contractor personnel. Ensure the contractor adheres to any USFWS or TPWD EPIC requirements included in the contract. Protected species include state or federally listed endangered species, migratory birds, sensitive wildlife, and wildlife habitats that may be found within the project at any time. These 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), 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:
- Anchor: #XEJFNQOD
- Become aware of the commitments pertaining to any species in the 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. Anchor: #XRECPWGX
- Ensure the contractor has the necessary information to identify and recognize sensitive wildlife and wildlife habitats. This information is available from the District Environmental Quality Coordinator (DEQC). Anchor: #OMLENOKQ
- Provide the contractor with copies of applicable permits or coordination documentation. Anchor: #RUKWGHGO
- Provide any species-specific training to contractor personnel, and periodically ensure that new personnel have also received required training. Anchor: #JDKMHRSN
- Review species coordination specific to the project, including avoidance and minimization measures in the construction plans. Anchor: #XLPRSUTY
- Ensure the contractor makes a good faith effort to implement any avoidance and minimization measures in the construction plans and recommendations included in the contract. Anchor: #MBULGDOX
- Require the contractor to notify the DEQC immediately if any protected species or new habitat is found in the project area. Anchor: #IDNXFLSR
- Ensure any existing wildlife crossing structures, fences, wildlife guards, escape ramps, and other mitigation 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 environmental coordinator for specific project information. Anchor: #SCOPQBOT
- Ensure that ENV is given the opportunity to review project activities resulting from change orders that extend project impacts into new right of way (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.