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Tier I Site Assessment Tier I Site Assessment Main CSJ: 1002-01-006, 1002-02-016, 0978-01-039 Form Prepared By: Meghan P. Lind and Marissa Buschow, Cox|McLain Environmental Consulting, Inc. Date of Evaluation: December 1, 2019 Proposed Letting Date: August 2023 Project not assigned to TxDOT under the NEPA Assignment MOU District(s): Houston County(ies): Brazoria, Galveston Roadway Name: Farm-to-Market Road (FM) 517 Limits From: State Highway (SH) 35 Limits To: Interstate Highway (I-) 45 Project Description: Road widening and intersection improvements. See Project Description in Attachment 1 of the FM 517 Tier 1 Supplemental Attachments document. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 16, 2014, and executed by FHWA and TxDOT. 1. No Is the project limited to a maintenance activity exempt from coordination? http://txdot.gov/inside-txdot/division/environmental/maintenance-program.html 2. No Has the project previously completed coordination with TPWD? 3. Yes Is the project within range of a state threatened or endangered species or SGCN and suitable habitat is present? *Explain: The project is within range with suitable habitat present for one state-listed endangered species, the Eskimo Curlew (Numenius borealis); extinct. The project is also within range with suitable habitat present for seven state- listed threatened species: White-faced Ibis (Pegadis chihi), White-tailed Hawk (Geranoaetus albicaudatus), the Wood Stork (Mycteria americana), Opossum Pipefish (Microphis brachyurus), Rafinesque's big-eared bat (Corynorhinus rafinesquii), alligator snapping turtle (Macrochelys temminckii), and timber rattlesnake (Crotalus horridus). Additionally, the project is within range with suitable habitat present for 41 state-listed SGCN species: awnless bluestem (Bothriochloa exaristata), coastal gayfeather (Liatris bracteata), corkwood (Leitneria pilosa ssp. pilosa), Florida pinkroot (Spigelia texana), Houston daisy (Rayjacksonia aurea), Texas ladies'-tresses (Spiranthes brevilabris var. brevilabris), Texas meadow-rue (Thalictrum texanum), Texas sunflower (Helianthus praecox ssp. praecox), Texas willkommia (Willkommia texana var. texana), Texas windmill-grass (Chloris texensis), Traub's rainlily (Cooperia traubii), alligator gar (Atractosteus spatula), American eel (Anguilla rostrata), Cajun chorus frog (Pseudacris fouquettei), southern crawfish frog (Lithobates areolatus areolatus), Woodhouse's toad (Anaxyrus woodhousii), eastern box turtle (Terrapene carolina), Massassauga (Sistrurus tergeminus), slender glass lizard (Ophisaurus attenuatus), smooth softshell (Apalone mutica), Texas garter snake (Thamnophis sirtalis annectens), western box turtle (Terrapene ornata), western hognose snake (Heterodon nasicus), Arctic Peregrine Falcon (Falco peregrinus tundrius), Franklin's Gull (Leucophaeus pipixcan), Henslow’s Sparrow (Ammodramus henslowii), Western Burrowing Owl (Athene cunicularia hypugaea), American badger (Taxidea taxus), big brown bat (Eptesicus fuscus), big free-tailed bat (Nyctinomops macrotis), eastern red bat (Lasiurus borealis), eastern spotted skunk (Spilogale putorius), hoary bat (Lasiurus cinereus), long-tailed weasel (Mustela frenata), Mexican free-tailed bat (Tadarida brasiliensis), mink (Neovison vison), southeastern myotis bat (Myotis austroriparius), southern short- Form 300.02.FRM TxDOT Environmental Affairs Division Version 3 Effective Date: December 2019 1002-01-006, 1002-02-016, 0978-01-039 Page 1 of 7 Tier I SIte Assessment tailed shrew (Blarina carolinensis), swamp rabbit (Sylvilagus aquaticus), thirteen-lined ground squirrel (Ictidomys tridecemlineatus), and tricolored bat (Perimyotis subflavus). Date TPWD County List Accessed: November 20, 2019 Date that the NDD was accessed: November 19, 2019 What agency performed the NDD search? TPWD NDD Search Results for EOIDs and Tracked Managed Areas EOID Number Common Name Scientific Name Listing Status Buffer Zone No recorded EOs within 1.5 miles 1.5 Mile of the project area No Does the BMP PA eliminate the requirement to coordinate for all species? Comments: The following species do not have BMPs identified in the Programmatic Agreement: plant species, alligator gar, Cajun chorus frog, Woodhouse's toad, eastern and western box turtle, Massassauga, slender glass lizard, western hognose snake, Franklin's gull, American badger, big brown bat, eastern red bat, eastern spotted skunk, hoary bat, long-tailed weasel, Mexican free-tailed bat, mink, southern short-tailed shrew, swamp rabbit, thirteen-lined ground squirrel, and tricolored bat. 4. No NDD and TCAP review indicates adverse impacts to remnant vegetation? 5. Yes Does the project require a NWP with PCN or IP by USACE? *Explain: Preliminary design indicates that the proposed project would be authorized under a NWP #14 from the U.S. Army Corps of Engineers (USACE) with a pre-construction notification (PCN) for wetland impacts. 6. No Does the project include more than 200 linear feet of stream channel for each single and complete crossing of one or more of the following that is not already channelized or otherwise maintained: Comments: All crossings with impacts over 200 linear feet are channelized or otherwise maintained. 7. No Does the project contain known isolated wetlands outside the TxDOT ROW that will be directly impacted by the project? 8. Yes Would the project impact at least 0.10 acre of riparian vegetation? Form 300.02.FRM TxDOT Environmental Affairs Division Version 3 Effective Date: December 2019 1002-01-006, 1002-02-016, 0978-01-039 Page 2 of 7 Tier I SIte Assessment *Explain: Approximately 8.10 acres of riparian vegetation would be impacted by the proposed project. 9. Yes Does project disturb a habitat type in an area equal to or greater than the area of disturbance indicated in the Threshold Table Programmatic Agreement? *Explain: The proposed project would exceed the threshold of disturbance for the following habitat types: - Riparian: 8.10 acres (threshold: 0.1 acres) - Coastal Grassland: 21.34 acres (threshold: 2.0 acres) - Disturbed Prairie: 8.43 acres (threshold: 3.0 acres) - Mixed Woodlands and Forests: 6.67 acres (threshold: 0.5 acres) *Attach associated file of EMST output (Mapper Report or other Excel File which includes MOU Type, Ecosystem Name, Common/Vegetation Type Name) in ECOS Excel File Name: FM517ObservedVeg.Impacts.xls 9.1. Yes Is there a discrepancy between actual habitat(s) and EMST mapped habitat(s)? *Explain: Based on field investigations that took place in October 2015, May 2016, and January 2017, by qualified biologists, it was determined that the vegetation within the current right-of-way consists mainly of maintained right-of-way grasses and forbs, which appear to be mowed regularly. These areas were incorrectly mapped by the EMST in many locations throughout the project area. The majority of the existing right-of-way fits the description of the “Urban Low Intensity” EMST vegetation type. The proposed right-of-way is a mixture of native and non-native invasive vegetation that is fragmented across the project area. The EMST did not correctly identify areas of Row Crop Agriculture, Coastal Grasslands, or Disturbed Prairie. The EMST incorrectly identified areas adjacent to the FM 517 right-of-way as Post Oak Savanna and Tidal Marsh; these areas have been reclassified to reflect current vegetation assemblages. Attach file showing discrepancy between actual and EMST mapped habitat(s). File Name: See Attachments 4 and 6 of the FM 517 Supplemental Attachments document for additional information regarding the discrepancy between actual and EMST mapped habitats. Is TPWD Coordination Required? Yes Early Coordination Administrated Coordination - Must be conducted through ENV-NRM BMPs Implemented or EPICs included (as necessary): Southern Crawfish Frog BMPs: In Austin, Colorado, Delta, Fannin, Fort Bend, Grayson, Harris, Hopkins, Kaufman, Lamar, Van Zandt, Victoria, and Waller counties, coordinate for all projects that would include new ROW or TxDOT easements. For projects entirely within the existing ROW in those counties and for all projects in other counties in species range: Form 300.02.FRM TxDOT Environmental Affairs Division Version 3 Effective Date: December 2019 1002-01-006, 1002-02-016, 0978-01-039 Page 3 of 7 Tier I SIte Assessment 1) Minimize impacts to wetland habitats including isolated ephemeral pools 2) Water Quality BMPs 3) Amphibian BMPs Bird BMPs (Arctic Peregrine Falcon, Henslow's Sparrow, Western Burrowing Owl, White-faced Ibis, White-tailed Hawk, Wood Stork): In addition to complying with the Migratory Bird Treaty Act (MBTA) perform the following BMPs: • Prior to construction, perform daytime surveys for nests including under bridges and in culverts to determine if they are active before removal. Nests that are active should not be disturbed. • Do not disturb, destroy, or remove active nests, including ground nesting birds, during the nesting season; • Avoid the removal of unoccupied, inactive nests, as practicable; • Prevent the establishment of active nests during the nesting season on TxDOT owned and operated facilities and structures proposed for replacement or repair; • Do not collect, capture, relocate, or transport birds, eggs, young, or active nests without a permit. Fish BMPs (American eel): • For project within the range of a SGCN or State-Listed fish and work is adjacent to water:
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