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Section 7 Consultations for Plant Species

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Section 7 Consultations for Plant Species SECTION 7 CONSULTATIONS FOR PLANT SPECIES Environmental Conference Austin TX September 11, 2019 Section 7 Consultations for Plant Species September 11, 2019 Topics . Endangered Species Act (ESA) and Regulations . Recent TxDOT Consultations for Plant Species – Conservation Measures – Relocation Plans September 11, 2019 Section 7 Consultations for Plant Species 2 Endangered Species Act and Regulations . Plant species are protected differently than animal species under the ESA. Section 7 of the ESA requires that all federal agencies consult with the Service to ensure actions authorized, funded, or carried out do not : – jeopardize the continued existence of any threatened or endangered species or – adversely modify or destroy designated critical habitat of such species. Federal funding is the nexus for evaluating impacts to federally listed plants potentially affected by TxDOT projects. The ESA does not prohibit incidental take of plant species. However, cautions may be provided on prohibitions against certain deliberate removal or disturbance of plants. Because there is no take for plants then the Service will complete a jeopardy analysis that evaluates potential impacts to plant populations and not individual plants. September 11, 2019 Section 7 Consultations for Plant Species 3 U.S. 83 Re-Evaluation Project Description/Consultation History . In 2006, FHWA initiated formal consultation for Zapata bladderpod (Physaria (=Lesquerella) thamnophila) for a 47-mile US 83 project. The Service issued a Biological Opinion (BO). After the 2006 consultation by FHWA the project was put on hold. TxDOT proposed to widen and upgrade US 83 from FM 3169 in Zapata County to north of Roma in Starr County. 2016-2018 a BA was prepared for re- evaluation of a 10.47 mile section of the original 47-mile project, including 157 acres of new ROW. A population of Zapata bladderpod was still located in the ROW. October 2018 - TxDOT re-initiated consultation for planned widening of US 83, determining the project may adversely affect Zapata bladderpod and may affect, but was not likely to adversely affect star cactus (Astrophytum asterias) and Walker’s manioc (Manihot walkerae). May 2019 BO issued by the Service. September 11, 2019 Section 7 Consultations for Plant Species 4 State Loop 195 Project Description/Consultation History . TxDOT proposed to construct a 17.24-mile new-location, 4-lane divided highway from FM 755 to US 83 in Starr County, requiring ~667 acres of new ROW. One population of Zapata bladderpod identified in existing ROW, and uncertain whether star cactus or Walker’s manioc occurred in new ROW with no ROE. In October 2018 TxDOT initiated formal consultation for Zapata bladderpod and informal consultation for star cactus and Walker’s manioc. February 2019 to April 2019 – TxDOT and the Service discussed conservation measures and a relocation plan for Zapata bladderpod. June 2019 – TxDOT submitted a revised BA to the Service. July 2019 – Service issued BO. September 11, 2019 Section 7 Consultations for Plant Species 5 Combined Conservation Measures . Survey/Resurvey for Zapata bladderpod – In previously un-surveyed properties due to lack of ROE or previously surveyed Zapata bladderpod population in U.S. 83 ROW. – Conduct surveys during flowering period immediately prior to construction or during flowering period immediately following ROE – GPS data will be collected for any new federally listed plants identified during future surveys and reported to USFWS and TPWD. – If federally listed plants are identified in the ROW then TxDOT will attempt to realign the limits of construction to avoid or minimize impacts to new plant populations. – TxDOT will consult with Service if any federally endangered plant species, including Walker’s manioc and/or star cactus are found . September 11, 2019 Section 7 Consultations for Plant Species 6 Combined Conservation Measures . Relocate Zapata bladderpod found in ROW prior to construction to: – Lower Rio Grande Valley National Wildlife Refuge (LRGVNWR) for US 83, or – protected portion of ROW and/or to a suitable plant center, as practicable for SL 195. September 11, 2019 Section 7 Consultations for Plant Species 7 Combined Conservation Measures . Buffer Zones, Mowing Restrictions, Post Construction Measure – Protect populations during construction with orange fencing. – Create restricted activity/mow zones for any new plant locations. • Restricted mowing between June and January, the active growing season for Zapata bladderpod. • A 6-inch mowing height restriction to avoid damaging late-flowering or early growing plants. – Provide dust control watering . – No herbicides used within the restricted activity/mow zone. September 11, 2019 Section 7 Consultations for Plant Species 8 Combined Conservation Measures . Locate PSLs outside the proposed ROW: – The District Environmental Quality Coordinator will review the selection of PSLs. – TxDOT will require surveys for endangered species in PSLs. If listed plants are found, they will be protected or an alternate PSL will be utilized. Allow natural re-vegetation of disturbed ROW not converted to pavement: – Allow plant communities to re-establish themselves in the ROW, thus potentially retaining habitat for the endangered plants. – Do not use seed mixes in ROW where endangered plants are found, so that natural vegetation would be given the opportunity to recolonize the area. Use TxDOT regional seed mixes in areas not known to contain endangered plants. Annual reports September 11, 2019 Section 7 Consultations for Plant Species 9 Relocation Plans – Plant Surveys . Relocate all previously discovered plants. Conduct surveys during flowering period when plants are easier to identify. Stake survey locations and population boundaries . Mark target species in field, GPS coordinates, and prepare mapped results September 11, 2019 Section 7 Consultations for Plant Species 10 Relocation Plans – Transplantation Plan . Dig up plants and keep root ball in tact with native soil. Place whole plants in one gallon plastic pots. Water plants immediately after transfer to pots. Minimize transplant shock. September 11, 2019 Section 7 Consultations for Plant Species 11 Relocation Plans – Temporary Holding & Final Planting Site . Transfer plants to designated USFWS nurseries, where they will be allowed to over summer and then before being transplanted in the fall to the Lower Rio Grande Valley NWR. Use qualified people to relocate rare plants and ensure they have be necessary State or federal permits for relocating plants and collecting seed . September 11, 2019 Section 7 Consultations for Plant Species 12 Relocation Plans – Seed Collection . Collect seed from plants in the field and/or while plants are recuperating in the nursery as determined . Harvest seeds by hand from ripe, dry fruit. Store seeds in a cool dry location until delivered to the Service. Seeds can be used for reintroduction or for future studies. September 11, 2019 Section 7 Consultations for Plant Species 13 Questions? September 11, 2019 Section 7 Consultations for Plant Species 14.
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