Attachment 15 Biological Evaluation Biological Evaluation Form Biological Evaluation Form Main CSJ: 3510-07-003, 3510-08-001, 3510-09-001, 3510-09-002, 3510-10-001 Date of Evaluation: December 3, 2015 Project has no Federal nexus. Proposed Letting Date: Project not assigned to TxDOT under the NEPA Assignment MOU District(s): Beaumont, Houston County(ies): Chambers, Liberty Roadway Name: GRAND PARKWAY SEGMENTS H AND I-1 (SH 99) Limits From: US 59/I-69 (N) Limits To: IH 10 (E) Project Description: Additional ROW needed, due to design changes, to construct a 37.4 mile long, controlled- access toll road. 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. Endangered Species Act (ESA) Yes Is the action area of the proposed project within the range and in suitable habitat of federally protected species? Date that the IPaC system was accessed: November 23, 2015 No Would the proposed project affect federally protected species and/or habitat? *Explain: The red-cockaded woodpecker and Texas prairie dawn could potentially occur within the project limits. No direct effects to either of these species are anticipated because no red-cockaded woodpecker nesting habitat or individuals of Texas prairie dawn were identified within the areas of additional ROW during the field surveys conducted since the approval of the ROD on June 24, 2014. The majority of the additional ROW is located within an agricultural area that has been cultivated and does not provide suitable habitat for the red- cockaded woodpecker. The forested portions of the project area are dominated by loblolly pine with various hardwood species present. Red-cockaded woodpeckers prefer longleaf pines with an open understory but will utilize other species of southern pine. Due to the suppression of fires, the forested portions of the project area contain a dense understory. Due to the lack of suitable habitat, it is unlikely the species would be encountered during construction of the proposed project. The Texas prairie dawn has relatively specific habitat requirements that are not easily found within the project limits. The areas where passive land management practices have occurred are forested. Cultivation and tilling have occurred to the majority of the land within the project limits. It is unlikely that the Texas prairie dawn would be encountered during construction of the proposed project. Suitable habitat does not exist for any other federally listed species and there is no designated critical habitat for any federally listed species within the project limits. Form 320.01.FRM TxDOT Environmental Affairs Division 3510-07-003, 3510-08-001, 3510-09-001, 3510-09-002, 3510-10-001 Effective Date: August 2015 Page 1 of 14 Biological Evaluation Form Resources consulted or activities conducted to make effect determination (if applicable): TPWD County List USFWS Critical Habitat Maps Species Expert Consulted Aerial Photography Coastal Areas Maps Site Visit Topographic Map Species Study Conducted Karst Zone Maps Ecological Mapping System of Texas (EMST) Natural Diversity Database (NDD) Other: Essential Fish Habitat (EFH) No Are tidally influenced waters in the action area of the proposed project? Date that the NOAA EFH Mapper was accessed: November 12, 2015 Comments: Coastal Barrier Resources Act (CBRA) No Is the action area of the proposed project located within a designated CBRA map unit? Date that the USFWS CBRA Mapper was accessed:November 12, 2015 Comments: Marine Mammal Protection Act (MMPA) No Is the action area of the proposed project within range of marine mammals and their habitat? Comments: Migratory Bird Treaty Act (MBTA) Yes Is there potential for nesting birds to be present in the project action area during construction? No Were active nests identified during the site survey? Yes Will BMPs will be incorporated to protect migratory bird nests? Form 320.01.FRM TxDOT Environmental Affairs Division 3510-07-003, 3510-08-001, 3510-09-001, 3510-09-002, 3510-10-001 Effective: August 2015 Page 2 of 14 Biological Evaluation Form Bald and Golden Eagle Protection Act (BGEPA) No Does the proposed project have the potential to impact Bald or Golden Eagles? Comments: The bald eagle could potentially occur in the project study area. On February 22, 2006, a joint evaluation meeting was held at the USACE Galveston office. The agencies present were FHWA, TxDOT, GPA, USFWS, TPWD, TCEQ, U.S. EPA, and NOAA Fisheries. Principal issues of concern included the avoidance of impacts to previous mitigation sites; pristine waters; ecologically sensitive streams; and endangered species such as the bald eagle, osprey, red-cockaded woodpecker, and Texas prairie dawn. On May 3, 2006, a joint evaluation meeting was held at the USACE, Galveston, to discuss the preliminary alternatives development process and technical methodology. Various resource agencies were present including EPA, TCEQ, USACE, USFWS, TPWD, and the Texas GLO. The meeting focused on various environmental issues such as endangered species, floodplain crossings, and mitigation sites. All agencies present indicated that the alternatives development process was satisfactory. The following Bird BMPs will be implemented per the 2013 MOU: • Not disturbing, destroying, or removing active nests, including ground nesting birds, during the nesting season; • Avoiding the removal of unoccupied, inactive nests, as practicable; • Preventing the establishment of active nests during the nesting season on TxDOT owned and operated facilities and structures proposed for replacement or repair; • Not collecting, capturing, relocating, or transporting birds, eggs, young, or active nests without a permit. Fish and Wildlife Coordination Act (FWCA) Yes Does the project have impacts on one or more Waters of the U.S. or wetlands? No Is the project covered by a Nationwide Permit? Yes Is the project covered by an Individual Permit from the USACE? Comments: Application for a USACE Individual Permit was submitted on November 6, 2015. Executive Order 13112 on Invasive Species Yes Would the project be in compliance with EO 13112? Comments: In accordance with EO 13112 on Invasive Species and the Executive Memorandum on Beneficial Landscaping, seeding and replanting with TxDOT approved seeding specifications in compliance with EO 13112 would be done where possible. Moreover, abutting turf grasses within the ROW would re-establish throughout the proposed project limits. Soil disturbance would be minimized in order to discourage establishment of invasive species in the project area. Form 320.01.FRM TxDOT Environmental Affairs Division 3510-07-003, 3510-08-001, 3510-09-001, 3510-09-002, 3510-10-001 Effective: August 2015 Page 3 of 14 Biological Evaluation Form Executive Memorandum on Beneficial Landscaping Yes Would landscaping be included in the proposed projects? Describe landscaping activities: In compliance with the Executive Memorandum on Beneficial Landscaping, the project would: Use regionally native plants for landscaping; Design, use, or promote construction practices that minimize adverse effects on the natural habitat; Seek to prevent pollution by reducing fertilizer and pesticide use, using integrated pest management techniques, recycling green waste, and minimizing runoff; Implement water-efficient practices, such as the use of mulches, efficient irrigation systems, and the selecting and siting of plants in a manner that conserves water and controls soil erosion; and Create outdoor demonstrations incorporating native plants, pollution prevention techniques, and water conservation techniques to promote awareness of the environmental and economic benefits of implementing this directive. Yes Would the proposed project be in compliance with the Executive Memorandum on Beneficial Landscaping? Farmland Protection Policy Act (FPPA) Yes Would the project require new ROW or permanent easements (do not include temporary easements)? Yes Is the project located in a “non-urbanized area” that contain areas mapped as prime, unique, statewide important or locally important farmland by the NRCS Web Soil Survey or Census Bureau? Date that the Web Soil Survey was accessed: November 12, 2015 No Was the score on Part IV of FPPA Form SCS-CPA 106 or AD-1006 equal to or greater than 60? General Comments See attached USDA Form AD-1006 (03-02) Form 320.01.FRM TxDOT Environmental Affairs Division 3510-07-003, 3510-08-001, 3510-09-001, 3510-09-002, 3510-10-001 Effective: August 2015 Page 4 of 14 Biological Evaluation Form TPWD Analysis Section Texas Parks and Wildlife Coordination Conditions 1. No Is the project limited to a maintenance activity exempt from coordination? http://txdot.gov/inside-txdot/division/environmental/maintenance-program.html 2. Yes Has the project previously completed coordination with TPWD? No The scope of revision relates to an issue TPWD commented on previously? Yes A substantial change is proposed from the original coordination or new impacts now exceed a threshold? Tier I Site Assessment MOU Triggers 1. Yes Is the project within range of a state threatened or endangered species or SGCN and suitable habitat is present? *Explanation: As shown on the built-in NDD EOID table, the NDD review revealed one state-listed species detected within 1.5 miles of the proposed project area: Correll's false dragon-head (Physostegia correllii).