POWER ENGINEERS, INC The Proposed Rocky Creek or Quarry to Lewis Creek 230 kV Transmission Line
USFWS Delisted Species
The bald eagle (Haliaeetus leucocephalus) was delisted in 2007 by the USFWS, because the population has recovered beyond the ESA criteria for listing. The status of the bald eagle population is currently monitored by the USFWS and the species is still afforded federal protection under the MBTA and the BGEPA. Bald eagles may occur as summer and/or winter residents in Texas. Eagles typically nest from October to July. The bald eagle is found primarily near rivers and large lakes and will build large nests in tree tops or on cliffs usually near large bodies of water. TXNDD (2016) data identifies several occurrences of this species within the study area surrounding the northern portion of Lake Conroe and the San Jacinto River. This species is known to occur within the study area as a breeding and wintering resident where suitable habitat is present (Campbell 2003; Lockwood and Freeman 2014).
The peregrine falcon (Falco peregrinus) was federally delisted in 1999 due to recovering populations. However, the peregrine falcon is included by TPWD on their annotated county list as a threatened species and the listing includes two subspecies: the American peregrine falcon (F.p. anatum) and arctic peregrine falcon (F.p. tundrius) due to similarities in appearance (TPWD 2016c). The American peregrine falcon nests in the mountains of the Trans-Pecos and is a rare migrant statewide; but it occupies many kinds of habitats during migration, including urban. Stopover habitat during migration typically includes lake shores, coastlines, and barrier islands and the falcon is also a resident breeder in west Texas (Lockwood and Freeman 2014; TPWD 2016c). The arctic peregrine falcon is an uncommon migrant to uncommon winter resident along the Texas coast, typically occurring near bays and estuaries (Lockwood and Freeman 2014). This species may occur in the study area as a non-breeding winter migrant, if suitable habitat is present (Campbell 2003; Lockwood and Freeman 2014).
The Louisiana black bear (Ursus americanus luteolus) was once a common inhabitant of forested regions of eastern Texas, Louisiana, and Mississippi. Today, small remaining populations are located in the Atchafalaya and Tensas river basins of Louisiana (Schmidly 2004). In Texas, the bear is a rare inhabitant of bottomland hardwoods and large tracts of undisturbed forested areas. Suitable habitat is present within the Big Thicket National Preserve and the Lower Neches River Corridor which are located east and southeast of the study area; however, field studies conducted by TPWD conclude both of these locations have high potential human/bear conflict zones (Campbell 2003; Garner and Willis 1998). USFWS federally delisted this species on March 10, 2016 due to recovery of its population. Occurrence of the Louisiana black bear is not anticipated within the study area since the study area is outside of the current known range of the species.
Extirpated Species
The red wolf (Canis rufus) historically occurred throughout the eastern half of the state in forests, brushlands, and prairies. The red wolf was known to prey on rabbits, deer, rodents, prairie chickens, crabs, and livestock (Schmidly 2004). Changes in land use and over hybridization with the coyote (Canis latrans) are thought to have extirpated the red wolf from Texas. Since the red wolf is considered extirpated, is not anticipated to occur within the study area.
TPWD Listed Species
The Bachman's sparrow (Aimophila aestivalis) is a state-listed bird and is a habitat specialist found primarily in open pine or oak forests where the understory is composed of tall grasses and sometimes scattered patches of shrubs (Lockwood and Freeman 2014). The Bachman's sparrow is found in the
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Pineywoods region and nests on the ground against tufted grass or under low shrubs (TPWD 2016c). This species may occur within the study area as a breeding resident if suitable habitat exists (Lockwood and Freeman 2014).
The white-faced ibis (Plegadis chihi) prefers freshwater marshes, swamps, ponds, river, sloughs. and irrigated rice fields, but will also use brackish and saltwater habitats. This species is a colonial nester and forages on insects, newts, leeches, earthworms, snails, crayfish, frogs, and fish. This species is a locally common to uncommon resident along the Texas Gulf Coast (Lockwood and Freeman 2014). TXNDD (2016) data identifies three potential wading bird rookeries within the study area. This species may occur within the study area as a breeding resident within suitable wetland habitats (Lockwood and Freeman 2014).
The wood stork (Mycteria americana) inhabits prairie ponds, flooded pastures or fields, ditches, and other shallow standing water, including saltwater areas. This species is an uncommon to locally common visitor that frequents coastal regions as well as lakes and reservoirs of eastern and central Texas (Lockwood and Freeman 2014). This species usually roosts communally in tall snags, sometimes in association with other wading birds and formerly nested in Texas (TPWD 2016c). This species may occur within the study area as a non-breeding visitor within suitable wetland habitats (Lockwood and Freeman 2014).
The blue sucker (Cycleptus elongates) is a large freshwater fish that occurs in limited numbers within major rivers in Texas, usually in channels and flowing pools with a moderate current. The blue sucker is mostly carnivorous and feeds within bottom sediments. Spawning occurs during spring within smaller tributaries (Thomas et al. 2007). This species may occur within the study area within suitable aquatic habitats.
The creek chubsucker (Erimyzon oblongus) is a freshwater fish that inhabits tributaries of the Red, Sabine, Neches, Trinity, and San Jacinto Rivers (Thomas et al. 2007). The creek chubsucker prefers headwaters and spawn in river mouths, pools, riffles, and lake outlets. The young are usually in headwater rivulets or marshes (TPWD 2016c). This species may occur within the study area within suitable aquatic habitats.
The paddlefish (Polyodon spathula) has a unique long, paddle-shaped snout with large jaws and small teeth (Thomas et al. 2007). The paddlefish is a filter feeder that prefers large, free flowing rivers but will utilize tributaries (TPWD 2016c). The species spawns in fast, shallow water over gravel bars and the larvae may drift from reservoir to reservoir (TPWD 2016c). This species may occur within the study area within suitable aquatic habitats.
The sharpnose shiner (Notropis oxyrhynchus) is a federally listed species in north-central and west Texas; however, USFWS (2016b) does not list the species within the study area counties. The sharpnose shiner is endemic to the Brazos River drainage and prefers large turbid waters with sand, gravel, and clay-mud bottoms (TPWD 2016c). This species has not been observed within the study area (TXNDD 2016); however, this species may occur within the western portions of the study area within the Brazos River Basin, within suitable aquatic habitats.
The Rafinesque's big-eared bat (Corynorhinus rafinesquii) inhabits lowland pine-hardwood forests and generally roosts in tree cavities, under bark or dry leaves, or in man-made structures. This species forages primarily on moths, but will consume other insects. The study area lies along the southeastern border of the Rafinesque's big-eared bats range (Tuttle 2003). Although a review of TXNDD (2016) data does not indicate any recorded occurrences within the study area, one observation of this species
HOU 146-020 (PER-02) ENTERGY (4/3/2017) 141830 LD PAGE 93 '220 POWER ENGINEERS, INC The Proposed Rocky Creek or Quarry to Lewis Creek 230 kV Transmission Line was recorded approximately 3.3 miles northeast of the study area. This species may occur within the study area, if suitable habitat exists.
There are four additional mollusk species listed as threatened by TPWD (2016c) for the study area counties which include the Louisiana pigtoe (Pleurobema riddellii), sandbank pocketbook (Lampsilis satura), Texas heelsplitter (Potamilus amphichaenus), and Texas pigtoe (Fusconaia askewi). The Louisiana pigtoe may be found within streams and moderate sized rivers in the Sabine, Neches, and Trinity River basins. The Louisiana pigtoe inhabits mud, sand, and gravel substrates, not usually within impoundments (TPWD 2016c). The sandbank pocketbook may be found in small to large rivers from the Sulfur River south to the San Jacinto and Neches river basins. The pocketbook may inhabit moderate flowing waters with swift currents with gravel, gravel-sand, and sand bottoms (TPWD 2016c). The Texas heelsplitter may be found in the calm waters or reservoirs along the Sabine, Neches, and Trinity river basins within with mud or sand substrates (TPWD 2016c). The Texas pigtoe may be found in east Texas rivers with mud, sand, and fine gravel, usually in areas protected by structures or fallen trees (Howells 2013; TPWD 2016c). These species may occur within the study area where suitable aquatic habitats exist.
The alligator snapping turtle (Macrochelys temminckii) inhabits freshwater ecosystems, such as lakes, streams, rivers, creeks, bayous, and ponds, usually within muddy or thick vegetated substrates (Dixon 2013). The alligator snapping turtle may migrate several miles along rivers or streams and are most active from March through October (TPWD 2016c). TXNDD (2016) includes an element occurrence record of this species in the San Jacinto River north of Lake Conroe. This species may occur within the study area, within suitable freshwater habitats.
The Texas horned lizard (Phrynosoma cornutum) inhabits a variety of habitats including open desert, grasslands and shrublands in arid and semiarid habitats that contain bunch grasses, cacti, and yucca on soils varying from pure sands and sandy loams to coarse gravels, conglomerates, and desert pavements (Henke and Fair 1998). Their primary prey item is the harvester ant (Pogonornyrmex barbatus) and they will aestivate beneath the soil during winter periods. Over the past 25 years this species has almost vanished from the eastern half of the state. According to Henke and Fair (1998) and Donaldson et al. (1994), the Texas horned lizard no longer occurs in Texas east of an imaginary line from Fort Worth to Corpus Christi, except for small, isolated populations. Although, not anticipated, this species may occur within the study area within suitable upland habitats.
The timber rattlesnake (Crotalus horridus) inhabits dense ground cover in swamps, floodplains, upland pine, deciduous woodlands, riparian zones, abandoned farmland, and limestone bluffs (TPWD 2016c). The timber rattlesnake is robust and feeds on small rabbits, squirrels, reptiles, amphibians, mice, rats, and occasionally birds. According to Dixon (2013), the timber rattlesnake has been recorded in each of the study area counties. This species may occur within the study area where suitable habitat is available.
Species of Concern
TPWD also maintains a list of animal species of concern (rare) within each county (TPWD 2016c) as shown in Table 3-8. Only federally listed threatened and endangered species are protected under the ESA. While not regulated as state or federal listed threatened or endangered species, species of concern may receive protection under other federal and/or state laws, such as the MBTA, Chapters 64-67, and 78 under Title 5 of the TPWD Code, and Chapters 65 and 69 under Title 31 of the TAC. TPWD generally recommends consideration for these species when routing linear utility corridors.
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TABLE 3-8 SPECIES OF CONCERN POTENTIALLY OCCURRING WITHIN THE STUDY AREA
SPECIES COUNTY LISTED* COMMON NAME SCIENTIRC NAME GRIMES MONTGOMERY WALKER Amphibians Southern crawfish frog Lithobates areolatus areolatus X X Birds Sprague's pipit Anthus spragueii X X Henslow's sparrow Ammodramus henslowii X X Insects Gulf Coast clubtail Gomphus modestus - X X Texas emerald dragonfly Somatochlora margarita - X X A mayfly Tricorythodes curyatus - X - A mayfly Plauditus gloveri - X - Mammals Southeastern myotis bat Myotis austroriparius X X X Plains spotted skunk Spilogale putorius interrupta X X X Source: TPWD 2016c
The preferred habitat for the southern crawfish frog (Lithobates aerolatus aerolatus) is abandoned crawfish holes and small mammal burrows in riparian areas with shallow water and patches of herbaceous grasslands. The southern crawfish frog spends nearly all of its time in burrows and only leaves the burrow area to breed (Dixon 2013; TPWD 2016c). TXNDD (2016) data identifies one occurrence of this species within the far northeast portion of the study area along SH 190. This species may occur within the study area, within suitable wetland habitats.
There are two bird species of concern, including the Henslow's sparrow (Ammodramus henslowii) and the Sprague's pipit (Anthus spragueii). Both of these species are rare to uncommon migrants and/or winter residents within Texas. The Henslow's sparrow generally forages on insects, caterpillars, and seeds on the ground occurring in eastern and southern pineywoods or winter residents along coastal plains (Lockwood and Freedman 2014). The Sprague's pipit is strongly tied to native upland prairie and can be locally common in coastal grassland. They are sensitive to patch size and avoid habitat edges (TPWD 2016c). Both of these species may occur as non-breeding migrants or winter residents, if suitable habitat exists.
Four insect species are listed including two mayflies (Tricorythodes curvatus and Plauditus gloveri), Gulf Coast clubtail (Gomphus inodestus), and Texas emerald dragonfly (Somatochlora margarita). Little is known about the full life histories of most of these species. Both mayfly species may be found in bankside or riparian vegetation in its adult stages, but are differentiated in their aquatic larval stage (TPWD 2016c). The Gulf Coast clubtail is a dragonfly that occurs near streams with moderate gradient and silty, sandy, or rocky bottoms. The adults forage in trees near the streams or rivers and flight season is late April to late June (TPWD 2016c). The Texas emerald dragonfly is found within the east Texas pineywoods along small sandy forested streams with moderate current and bogs. These species may occur within the study area, if suitable stream habitats exist.
The plains spotted skunk (Spilogale putorius interrupta) typically inhabits open fields, prairies, croplands, wooded and brushy areas and tallgrass prairies (TPWD 2016c). This omnivorous skunk
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forages on birds, insects, mice, rats, and plants. Litters are born from April to July. TXNDD (2016) data identified one occurrence of this species within the northeastern portion of the study area. This species may occur within the study area, if suitable habitat is present.
The southeastern myotis (Myotis austroriparius) inhabits lowland oak/hickory and mixed conifer/hardwoods forests. This insectivorous myotis generally roosts in hollow tree cavities, but has also been observed within culverts, caves, mines, bridges, bat houses, and manmade structures (Tuttle 2003: TPWD 2016c). TXNDD (2016) identified one occurrence of this species approximately six miles north of the study area. This data also identified two known bat colonies occurring just north of the study area. This species may occur within the study area, if suitable habitat is present.
3.2 Community Values
The term "community values" is included as a factor for the consideration of transmission line route approval under PURA § 37.056(c)(4)(A-D); however, the term has not been defined by the PUCT. The PUCT CCN application requires information concerning the following items related to community values:
• Public open-house meetings. • Approval or permits required from other governmental agencies. • Brief description of the area traversed. • Habitable structures within 300 feet of the centerline for transmission lines of 230 kV or less. • AM and FM radio, microwave, and other electronic installations in the area. • FAA registered public use airports, private airstrips, and heliports located in the area. • Irrigated pasture or croplands utilizing center-pivot or other traveling irrigation systems. • Parks and recreation areas. • Historical and archeological sites.
In addition, POWER also evaluated the proposed Project for community values and resources that might not be specifically listed by the PUCT, but that might be of importance to a particular community as a whole. The term "community values" is not formally defined in PUCT rules. However, in several dockets the following has been used as a working definition: the term "community values" is defined as a shared appreciation of an area or other natural resource by a national, regional, or local community. Examples of a community resource would be a park or recreational area, historical and archeological sites, or a scenic vista (aesthetics). POWER mailed consultation letters to various local elected and appointed officials and hosted six public open-house meetings to identify and collect information regarding community values and community resources.
3.2.1 Land Use
Existing land uses within the study area were identified and placed into the following categories: urban/developed, planned land use, transportation features, air facilities, utility features, and communication. Parks and recreation areas are discussed in Section 3.3. The primary sources of land use information were obtained from interpretation of aerial photographs, USGS topographical maps, and vehicular reconnaissance surveys from accessible public viewpoints.
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Urban/Developed
The urban/developed classification represents concentrations of surface disturbing land uses, which include habitable structures and other developed areas characterized with low, medium and high intensities. The various levels of development include a mix of institutional, commercial, and/or industrial land uses. Developed low, medium and high intensity areas were identified using aerial photograph interpretation and reconnaissance surveys. These classifications are defined below:
• Developed Low Intensity areas typically include rural settings with single-family housing units. • Developed Medium Intensity areas typically include single-family housing units that are grouped in residential subdivisions and might include peripheral commercial structures. • Developed High Intensity includes highly developed areas where people reside or work in high numbers. Examples include apartment complexes, row houses, and commercial/ industrial parks. Areas with the highest concentration of development are typically located within or near the towns and communities in the study area.
The majority of the study area is in a rural setting with the exception of medium to high intensity developed urban areas associated with cities of Conroe, Huntsville, Montgomery, and Willis. A majority of rural areas are predominantly federally managed forest lands. Pasture and rangelands are also interspersed, primarily throughout the northern and western rural portions of the study area in Grimes and Walker counties. Lake Conroe is a predominant reservoir in the study area and has attracted a significant amount of development. The majority of the study area has been impacted by land improvements associated with agriculture, residential and commercial development, roadways, and various utility corridors. Overall, the study area viewscape consists of forest land and lake fronts from Lake Conroe with gently rolling hills dissected by the San Jacinto River.
Habitable structures were identified using aerial photographs and reconnaissance surveys from public view points and plotted on the constraints map. The PUCT definition of a habitable structure was used for this routing study. The PUCT's Substantive Rule 25.101(a)(3) defines habitable structures as "structures normally inhabited by humans or intended to be inhabited by humans on a daily or regular basis. Habitable structures include, but are not limited to, single-family and multi-family dwellings and related structures, mobile homes, apartment buildings, commercial structures, industrial structures, business structures, churches, hospitals, nursing homes, and schools."
Schools
The study area is located within the following eight districts: Anderson-Shiro Consolidated Independent School District (ISD), Conroe ISD, Huntsville ISD, Montgomery ISD, Navasota ISD, New Waverly ISD, Richards ISD, and Willis ISD. There are 32 existing public schools identified within the study area: one head start. one pre-k, 15 elementary, four middle schools, three intermediate, one junior high, five high schools, and two alternative schools (Texas Education Agency 2016). Montgomery ISD has three proposed school campuses within the study area. Sam Houston State University is also located within the study area in Huntsville.
Planned Land Use
The planned land use component identifies objectives and/or policies regarding land use goals and plans, including conservation easements, managed lands, and proposed developments. Cities and