11111 111 11 11 11 111 11 11 Contr I Number: 50690 · • Reticulate collared lizard (Crotaphytus reticulatus) • Texas horned lizard (Phrynosoma cornutum) Recommendation: Please

11111 111 11 11 11 111 11 11 Contr I Number: 50690

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Item Number: 14

Addendum StartPage: 0

PARKS &.•

,vyiLDLIFE

June 4, 2020

Life's better outside.'

Ms. Rachelle Robles Public Utility Commission P.O. Box 13326 Austin, TX 78711-3326

RE: PUC Docket No. 50690: Application of ETT Transmission, LLC for its Certificate of Convenience and Necessity for the proposed Reloj del Sol 345-kilovolt Single-Circuit Transmission Line, Zapata County, Texas

Dear Ms. Robles:

Texas Parks and Wildlife Department (TPWD) has received and reviewed the Environmental Assessment and Alternative Route Analysis (EA) regarding the above-referenced proposed transmission line project. TPWD offers the following recommendations and comments concerning this project.

Please be aware that a written response to a TPWD recommendation or informational comment received by a state governmental agency may be required by state law. For further guidance, see the Texas Parks and Wildlife (TPW) Code, Section 12.0011. For tracking purposes, please refer to TPWD project number 43625 in any return correspondence regarding this project.

Project Description

Electric Transmission Texas, LLC (ETT) is proposing to design and construct a new 345-kilovolt (kV) single-circuit transmission line. The goal of the proposed Reloj del Sol interconnection transmission line is to connect a proposed wind energy generation development to the existing ETT Lobo to North Edinburg 345-kV transmission line. The proposed line would begin at a tap point near Structure 251 A, which is located at the north end of Los Potreritos Road, and end at a dead-end structure outside the Reloj del Sol Wind Farm substation approximately 7.5 miles northeast of San Ygnacio, Zapata County.

The proposed transmission line would be constructed as a single-circuit 345-kV transmission line on concrete pole tangents and tubular steel monopole structures varying in height from 100 to 140 feet. The proposed project would be approximately 5.4 miles long and would require a 150-foot wide permanent right-of-way (ROW).

ETT retained Quanta Environmental Solutions (Quanta Environmental) to prepare the Environmental Assessment and Alternative Route Analysis (EA) submitted with ETT's application for a Certificate of Convenience and Necessity (CCN) for this project. The EA was prepared to provide information and address the requirements of

Commissioners

S. Reed Morian Chairman

Houston

Arch "Beaver" Aplin, III Vice-Chairman Lake Jackson

James E. Abell Kilgore

Oliver J. Bell Cleveland

Anna B. Galo Laredo

Jeffery D. Hildebrand Houston

Jeanne W. Latimer San Antonio

Robert L. "Bobby" Patton, Jr. Fort Worth

Dick Scott Wimberley

Lee M. Bass Chairman-Emeritus

Fort Worth

T. Dan Friedkin Chairman-Emeritus

Houston

Carter P. Smith Executive Director

4200 SMITH SCHOOL ROAD AUSTIN, TEXAS 78744-3291

512.389.4800

www.tpwd.texas.gov To manage and conserve the natural and cultural resources of Texas and to provide huntinz, fishing and outdoor recreation opportunities for the use and enjoyment of present and future generations

\\X

Ms. Rachelle Robles Page 2 June 4, 2020

Section 37.056(c)(4)(A-D) of the Texas Utilities Code, Public Utilities Commission (PUC) Procedural Rules Section 22.52(a)(4), PUC Substantive Rules Section 25.101, the PUC CCN application form for the proposed transmission line, and the PUC's policy of "prudent avoidance."

A single route agreed upon by affected landowners whose properties would be crossed by the proposed transmission line route (Consensus Route) was selected to be evaluated in the EA.

Recommendation: There was only one route presented in the EA; therefore, TPWD is unable to recommend a preferred route. TPWD provided information and recommendations regarding the preliminary study area for this project to Quanta Environmental on April 10, 2020. TPWD's preliminary response was not included in Appendix A of the EA as the EA was issued two days before TPWD's preliminary comments were submitted to Quanta Environmental. TPWD's Wildlife Habitat Assessment Program typically responds to projects within 45 days of receipt. TPWD received the letter requesting preliminary comments on February 27, 2020.

The TPWD Wildlife Habitat Assessment Program's previous correspondence is attached. Please review the TPWD correspondence and consider the recommendations provided, as they remain applicable to the project as proposed.

Federal Reeulations

Endangered Species Act

Federally-listed animal species and their habitat are protected from take on any property by the Endangered Species Act (ESA). Take of a federally-listed species can be allowed if it is incidental to an otherwise lawful activity and must be permitted in accordance with Section 7 or 10 of the ESA. Federally-listed plants are not protected from take except on lands under federal/state jurisdiction or for which a federal/state nexus (i.e., permits or funding) exists. Any take of a federally-listed species or its habitat without the required take permit (or allowance) from the U.S. Fish and Wildlife Service (USFWS) is a violation of the ESA.

The EA states that because the project area is well-traveled by landowners, the potential occurrence of ashy dogweed is unlikely. However, the first segment of the proposed Consensus Route traverses a Texas Natural Diversity Database elemental occurrence polygon representing known occurrences of thousands of ashy dogweed individuals.

Recommendation: The EA states that "measures will be taken to identify any species within the Project area prior to ground disturbance." TPWD appreciates that measures would be taken and recommends that surveys for the presence of federally-listed plants, such as ashy dogweed, follow protocols established by the USFWS. Surveys should be conducted by a qualified botanist with


experience with rare plants of south Texas. If federally-listed plants are observed, the USFWS and TPWD should be contacted to discuss opportunities to either translocate individuals or collect seeds for conservation purposes.

State Law

State Law: Parks and Wildlife Code, Section 68.015

TPW Code regulates state-listed threatened and endangered species. The capture, trapping, taking, or killing of state-listed threatened and endangered species is unlawful unless expressly authorized under a permit issued by USFWS or TPWD. TPWD Guidelines for Protection of State-Listed Species includes a list of penalties for take of species and can be found on the Wildlife Habitat Assessment Program website. State-listed species may only be handled by persons with authorization obtained through TPWD. For more information on this permit, please contact the Wildlife Permits Office at (512) 389-4647.

Based on a review of the annotated Zapata County list of rare species accessed electronically by Quanta Environmental in 2019, Section 3.9.4 of the EA states the following state-listed species are likely to occur within the study area:

• Northern beardless-tyrannulet (Camptostoma imberbe) • Zone-tailed hawk (Buteo albonotatus) • Reticulate collared lizard (Crotaphytus reticulatus) • Texas horned lizard (Phrynosoma cornutum)

Recommendation: Please note that the lists of state threatened and endangered nongame species has been revised substantially since 2019. Several species evaluated in the EA are no longer state-listed threatened (e.g., southern yellow bat, reticulate collared lizard, Texas indigo snake) while other species were added. A complete list of the species that were removed from and added to the state threatened and endangered species lists are available in the March 27, 2020 issue of the Texas Register (45 TexReg 2188). Beneficial management practices (BMPs) and recommendations for species and taxonomic groups that may occur in the study area were provided in TPWD' s previous correspondence (see attached). Please review those recommendations as they remain applicable.

Once a route is approved by the PUC, TPWD recommends that ETT survey the route to determine the potential of the site to support state-listed species or their habitat. Surveying the route prior to construction would aid in protecting state-listed species from potential take. Please be aware that species not observed during site surveys may utilize the habitat within the project area at times beyond those during which surveys were conducted. That is, their presence in an area may depend on the season or time of day in which surveys occurred. For instances in which field surveys reveal the occurrence of state-listed species, TPWD recommends route adjustments to avoid impacting state-listed species and their


habitat. If route adjustments cannot be made, TPWD recommends ETT coordinate with TPWD to develop impact-minimization measures specific to these species.

Texas tortoise

The EA states that the occurrence of Texas tortoises in the study area is not likely. However, in December 2019 and April 2020, observations of Texas tortoises within and near the project area have been documented by research grade observations in the iNaturalist TPWD-sponsored Herps of Texas Project.

Recommendation: Due to the potential for Texas tortoises to occur within the project area, TPWD recommends the BMPs for tortoises that were provided in TPWD's previous correspondence be implemented. Please review those recommendations as they remain applicable.

TPWD appreciates the opportunity to review and comment on this EA. Please contact Russell Hooten at (361) 825-3240 or [email protected] if you have any questions. Thank you for your favorable consideration.

Sincerely,

r--

Clayton Wolf Wildlife Division Director

RH:jn.43625

cc: Randal E. Roper, AEP Texas Inc.

Attachment

TEXAS PARKS &

WILDLIFE

Life's better outside.

- • '; • r

April 10, 2020

Brandy Smart Quanta Environmental Solutions 480 Wildwood Forest Drive, Suite 750 The Woodlands, TX 77380

RE: Proposed ETT Reloj del Sol 345-kV Interconnection, Zapata County, Texas

Dear Ms. Smart:

Texas Parks and Wildlife Department (TPWD) received the preliminary request regarding the project referenced above. On behalf of Electric Transmission Texas, LLC (ETT), Quanta Environmental Solutions (Quanta Environmental) is preparing an Environmental Assessment (EA) to support ETT's application for a Certificate of Convenience and Necessity (CCN) from the Public Utility Commission of Texas (PUCT) to construct a new transmission line in Zapata County, Texas.

Project Description

ETT is proposing to design and construct a new single-circuit 345-kV transmission line in western Zapata County, Texas, to interconnect a proposed wind energy generation development. The proposed interconnection line would be constructed from the north end of Los Potreritos Road tying into the existing ETT Lobo to North Edinburg 345-kV transmission line at Structure 251 HJK, to the proposed Reloj del Sol Wind Farm located approximately 3,700 feet northwest of Farm-to-Market Road (FM) 3169. The line would be approximately six miles long and would require a 150-foot wide right-of-way (ROW). Quanta Environmental is collecting and evaluating environmental data for the study area and will identify a route between the end points.

TPWD staff reviewed the information provided and offer the following comments and recommendations.

Commissioners

S. Reed Morian Chairman

Houston

Arch "Beaver" Aplin, 111 Vice-Chairman Lake Jackson

James E. Abell Kilgore

Oliver J. Bell Cleveland

Anna B. Galo Laredo

Jeffery D. Hildebrand Houston

Jeanne W. Latimer San Antonio

Robert L. "Bobby" Patton, Jr. Fort Worth

Dick Scott Wimberiey

Lee M. Bass Chairman-Emeritus

Fort Worth

T. Dan Friedkin Chairman-Emeritus

Houston

Carter P. Smith Executive Director

4200 SMITH SCHOOL. ROAD AUSTIN, TEXAS 78744-3291

512.389.4800

Recommendation: When new construction is the only feasible option, TPWD recommends routing new transmission lines along existing road, pipeline, transmission line or other utility ROWs or easements to reduce habitat fragmentation. By utilizing previously disturbed areas, existing utility corridors, county roads, private roads, railroads, and highway ROW, adverse impacts to fish and wildlife resources would be mitigated by avoiding and/or minimizing impacts to undisturbed habitats. A copy of TPWD Recommendations for Electrical Transmission/Distribution Line Design and Construction, which includes general recommendations for transmission line construction is available online at TPWD's Wildlife Habitat Assessment Pro gram web site .

To manage and conserve the naturai ano cuiturai resources cf Texas and to provide hunting, fishing www.tpwd.texas.gov and outdoor recreation opportunities for r'-ie use and enjoyment of present and future generations.

Ms. Brandy Smart Page 2 April 10, 2020

Federal Regulations

Clean Water Act

Section 404 of the Clean Water Act (CWA) establishes a federal program to regulate the discharge of dredged and fill material into waters of the U.S., including wetlands. The U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) are responsible for making jurisdictional determinations and regulating wetlands and other waters under Section 404 of the CWA. Although the regulation of isolated wetlands has been removed from the USACE permitting process, both isolated and jurisdictional wetlands provide habitat for wildlife and help protect water quality.

TPWD identified several aquatic resources in the project study area, some of which may be subject to the CWA. These include:

• Arroyo San Francisco • Unnamed tributary of Arroyo San Francisco • National Wetlands Inventory mapped wetlands

and potentially named and unnamed ponds, impoundments, and other features, which may be natural or manmade.

Recommendation: TPWD recommends developing a route for the proposed transmission line that avoids or minimizes the number of water body crossings.

All waterways and associated fioodplains, riparian corridors, and wetlands, regardless of their jurisdictional status, provide valuable wildlife habitat and should be preserved to the maximum extent possible. Natural buffers contiguous to any wetland or aquatic system should remain undisturbed to preserve wildlife cover, food sources, and travel corridors. In the study area, these drainages occur as features known as ramaderos. Transmission line support structures should be located as far from waterbodies and ramaderos as possible to preserve them and their associated vegetation.

Aquatic resources in the study area, including those that have been manipulated or are completely manmade, provide habitat for wildlife. The destruction of inert microhabitats in aquatic habitats such as snags, brush piles, fallen logs, and pools should be avoided, as these provide habitat for a variety of fish and wildlife species and their food sources. Necessary waterway crossings should be made perpendicular to channels to minimize disturbance of riparian habitat.


Best management practices (BMPs) for erosion control and sediment runoff should be installed prior to construction and maintained until disturbed areas are permanently revegetated using site-specific native vegetation. BMPs should be properly installed in order to effectively minimize the amount of sediment and other debris entering the waterways. During construction, trucks and equipment should use existing bridge or culvert structures to cross waterways, ponds or depressional wetlands, and equipment staging areas should be located in previously disturbed areas away from aquatic habitats.

If the proposed project would impact waterways or associated wetlands, TPWD recommends consulting with the USACE regarding potential impacts to waters of the U.S. including jurisdictional determinations, delineations, and mitigation. TPWD recommends performing on-the-ground wetland delineations throughout the project corridor once a route is selected. Relying on National Wetland Inventory (NWI) maps should not be used as the basis for determining jurisdictional wetlands in the project area. As part of the permitting process, ETT should develop a plan to avoid, minimize, or compensate for unavoidable wetland impacts.

Endangered Species Act

Federally-listed animal species and their habitat are protected from take on any property by the Endangered Species Act (ESA). Take of a federally-listed species can be allowed if it is incidental to an otherwise lawful activity and must be permitted in accordance with Section 7 or 10 of the ESA. Federally-listed plants are not protected from take except on lands under federal/state jurisdiction or for which a federal/state nexus (i.e., permits or funding) exists. Any take of a federally-listed species or its habitat without the required take permit (or allowance) from the USFWS is a violation of the ESA.

Recommendation: TPWD recommends that the EA identify federally-listed and candidate species with potential to occur within the study area. TPWD recommends Quanta conduct site surveys of the route alternatives to identify suitable habitat for federally-listed species, to assess potential impacts to federally-listed species and their habitat, and to determine route adjustments that would assist in avoiding or minimizing adverse impacts to federally-listed or candidate species and their habitats.

If impact to a federally-listed species or its habitat is anticipated, TPWD recommends Quanta consult with the USFWS-Ecological Services office in Corpus Christi pursuant to the ESA. The USFWS should be contacted for


additional species occurrence data, guidance, permitting, survey protocols, and mitigation for federally-listed species.

Suitable habitat for the following federal and state-listed endangered and threatened species may occur within the study area and/or within five miles of the study area.

Ocelot (Leopardus pardalis) Ashy dogweed (Thymophylla tephroleuca)

Ocelot

Most of the recently documented individuals/populations of ocelots (Leopardus pardalis) are located the Lower Rio Grande Valley. Dispersal across the Rio Grande Valley through south Texas may involve the use of intermittent patches of brush and vegetated drainage ditches functioning as travel corridors, including those in the proposed project area.

Recommendation: TPWD recommends, to the greatest extent practicable, routing the transmission line and locating support structures, access roads, equipment storage and staging areas, etc. in areas that would avoid clearing or fragmenting dense patches of thornscrub or woody corridors in order to preserve ocelot habitat and habitat connectivity corridors.

Ashy dogweed

Ashy dogweed is a short shrub that inhabits grasslands and scattered shrub dominated habitats with fine, sandy loam soils on level or very gently rolling topography. It is endemic to southern Texas and is only found in Webb and Zapata counties. Texas Natural Diversity Database (TXNDD) occurrence data indicates that suitable habitat for ashy dogweed occurs in much of the proposed project study area.

Recommendation: Prior to clearing areas within the project corridor after a route has been selected, TPWD recommends surveying those areas for the presence of federally-listed plants following protocols established by the USFWS. Surveys should be conducted by a qualified botanist with experience with rare plants of south Texas. If federally-listed plants are observed, the USFWS and TPWD should be contacted.


Migratory Bird Treaty Act

The Migratory Bird Treaty Act (MBTA) prohibits direct and affirmative purposeful actions that reduce migratory birds, their eggs, or their nests, by killing or capturing, to human control, except when specifically authorized by the Department of the Interior. This protection applies to most native bird species, including ground nesting species. Additional information regarding the MBTA is available from the U.S. Fish and Wildlife Service (USFWS)-Southwest Regional Office (Region 2) at (505) 248-7882.

Review of aerial photography and the Ecological Mapping Systems of Texas (EMST), indicate that, overall, the study area consists primarily of mesquite mixed shrubland and as well as shrublands and woodlands associated with ramaderos, drainages occupied by dense shrubs and woods, and sandy mesquite savanna grasslands. The diversity of vegetative cover provides suitable cover, feeding, nesting and loafing habitat for many species of birds. Additionally, the project area is in the middle of the Central Migratory Flyway through which millions of birds pass during spring and fall migration.

Recommendation: TPWD recommends identifying existing utility corridors or other previously disturbed areas (e.g., existing roads, utility corridors or easements) to parallel the proposed transmission line. Additionally, TPWD recommends scheduling any vegetation clearing or trampling to occur outside of the March 15 - September 15 migratory bird nesting season in order to comply with the MBTA.

If vegetation clearing must be scheduled to occur during the nesting season, TPWD recommends the vegetation to be impacted should be surveyed for active nests by a qualified biologist. Nest surveys should be conducted no more than five days prior to the scheduled clearing to ensure recently constructed nests are identified. If active nests are observed during surveys, TPWD recommends a 150-foot buffer of vegetation remain around the nests until the young have fledged or the nest is abandoned.

The potential exists for birds to collide with transmission lines and associated guy wires and static lines. Bird fatalities can also occur due to electrocution if perching birds simultaneously make contact with energized and grounded structures.

Recommendation: TPWD strongly recommends that transmission lines should be marked with line markers or bird flight diverters to reduce the potential of birds flying into the lines. Line alterations to prevent bird electrocutions should not necessarily be implemented after such events occur as all electrocutions


may not be known or docun-iented. Incorporation of preventative measures along portions of the routes that are most attractive to birds (as indicated by frequent sightings) prior to any electrocutions is a preferred alternative.

TPWD recommends the transmission line design should utilize avian safety features described in the revised:

Avian Power Line Interaction Committee (APLIC). 2012. Reducing Avian Collisions with Power Lines: The State of the Art in 2012. Edison Electric Institute and APLIC. Washington, D.C.

In particular, the overhead ground wire should be marked with line markers to increase its visibility. Additional recommendations are available in the document entitled, "TPWD Recommendations for Electrical Transmission/Distribution Line Design and Construction" available on TPWD's website.

State Regulations

Parks- and Wildlife Code

Nongame Birds

State law prohibits any take or possession of nongame birds, including their eggs and nests. Laws and regulations pertaining to state-protection of nongame birds are contained in Chapter 64 of the Texas Parks and Wildlife (TPW) Code; specifically, Section 64.002 provides that no person may catch, kill, injure, pursue, or possess a bird that is not a game bird. TPW Code Section 64.003, regarding destroying nests or eggs, provides that, no person may destroy or take the nests, eggs, or young and any wild game bird, wild bird, or wild fowl. TPW Code Chapter 64 does not allow for incidental take and therefore is more restrictive than the MBTA.

Although not documented in the TXNDD, many bird species which are not listed as threatened or endangered are protected by Chapter 64 of the TPW Code and are known to be year-round or seasonal residents or seasonal migrants through the proposed project area.

Recommendation: Please review the Federal Regulations: Migratory Bird Treaty Act section above for recommendations as they are applicable for Chapter 64 of the Parks and Wildlife Code compliance.


State-listed Species

TPW Code regulates state-listed threatened and endangered animal species. The capture, trap, take or killing of state-listed threatened and endangered animal species is unlawful unless expressly authorized under a permit issued by the USFWS or TPWD. Laws and regulations pertaining to state-listed endangered or threatened animals are contained in Chapters 67 and 68 of the Texas Parks and Wildlife (TPW) Code; laws pertaining to endangered or threatened plants are contained in Chapter 88 of the TPW Code. There are penalties, which may include fines and/or jail time in addition to payment of restitution values, associated with take of state-listed species. Please see "Laws and Regulations Applicable to TPWD Review" that are available online at TPWD' s Wildlife Habitat Assessment Program website.

For purposes of relocation, surveys, monitoring, and research, terrestrial state-listed species may only be handled by persons permitted through the TPWD Wildlife Pertnits Program. For more information regarding Wildlife Permits, please visit TPWD's Wildlife Permits website or contact the Permits Office at (512) 389-4647.

The potential occurrence of state-listed species in the project area is primarily dependent upon the availability of suitable habitat. Direct impacts to high quality or suitable habitat therefore are directly proportional to the magnitude and potential to directly impact state-listed species. State-listed reptiles that are typically slow moving or unable to move due to cool temperatures are especially susceptible to being directly impacted during ROW clearing and construction of the transmission line.

Recommendation: TPWD recommends reviewing the most current TPWD annotated county lists of rare species for Zapata County, as state-listed species could be present depending upon habitat availability. These lists are available online at the TPWD Wildlife Diversity website. Environmental documents prepared for the project should include an inventory of existing natural resources within the alternative transmission line routes. Specific evaluations should be designed to predict project impacts upon these natural resources including potential impacts to state-listed species.

The following General Construction Recommendations are provided to assist in project planning and to avoid and/or minimize potential impacts to wildlife, including state-listed species.

Recommendation: In general, TPWD recommends the judicious use and placement of seditnent control fence to exclude wildlife from areas to be


disturbed. In many cases, sediment control fence placement for the purposes of controlling erosion and protecting water quality can be modified minimally to also provide the benefit of excluding wildlife access to construction areas. The exclusion fence should be buried at least six inches and be at least 24 inches high. The exclusion fence should be maintained for the life of the project and only be removed after the project activities are completed and the disturbed sites have been revegetated or otherwise stabilized. Construction personnel should be encouraged to examine the inside of the exclusion area daily to determine if any wildlife species have been trapped inside the area of impact and provide safe egress opportunities prior to initiation of construction activities. Regarding trenches or excavations for support structure foundations, etc., TPWD recommends that any open trenches or deep excavation areas be covered overnight and/or inspected every morning to ensure no wildlife species have been trapped. For open trenches and excavated areas, escape ramps fashioned from soil or wood should be installed at an angle of less than 45 degrees (1:1) in excavated areas that will allow trapped wildlife to climb out on their own. If any state-listed species are trapped in trenches or excavated areas, they should be removed by personnel permitted by TPWD to handle state-listed species.

Recommendation: For soil stabilization and/or revegetation of disturbed areas within the proposed project area, TPWD recommends using erosion and seed /mulch stabilization materials that avoid entanglement hazards to snakes and other wildlife species. Because the mesh found in many erosion control blankets or mats pose an entanglement hazard to wildlife, TPWD recommends the use of no-till drilling, hydromulching and/or hydroseeding due to a reduced risk to wildlife. If erosion control blankets or mats would be used, the product should contain no netting or contain loosely woven, natural fiber netting in which the mesh design allows the threads to move, therefore allowing expansion of the mesh openings. Plastic mesh matting should be avoided.

The following state-listed species have the potential to occur within the study area if suitable habitat is available:

Common black-hawk (Buteogallus anthracinus) Hook-billed kite (Chondrohierax uncinatus) White-faced ibis (Plegadis chihi) Wood stork (Mycteria americana) Zone-tailed hawk (Buteo albonotatus) Black bear (Ursus americanus) Reticulate collared lizard (Crotaphytus reticulatus) Texas horned lizard (Phrynosoma cornutum) Texas tortoise (Gopherus berlandieri)


Common black-hawk, hook-billed kite, white-faced ibis, wood stork, zone-tailed hawk

As previously stated, the project area contains suitable habitat for these and other bird species. Over 250 species of birds, including the above state-listed species, have been observed near the project area at the San Ygnacio Bird Sanctuary. The project area is also within the Zapata Loop of the Great Texas Coastal Birding Trail.

Recommendation: Please review the Federal Regulations: Migratory Bird Treaty Act section above for recommendations as they are applicable for avoiding or minimizing potential negative impacts to state-listed birds.

Black bear

Historically, black bears occurred in the mountainous Trans-Pecos region of west Texas. However, over the past 15 years, black bear populations have increased and expanded into the western portions of the Edwards Plateau and South Texas Plains near the Rio Grande where they occur in more open grassland areas.

Recommendation: Black bears are typically shy and elusive. They use travel corridors to move between feeding areas and bedding areas. In the general project area, they may use ramaderos as travel corridors to move between areas of suitable habitat. To avoid attracting black bears to work areas, garbage containers, particularly if they contain food waste, should have lids that can be secured. If a black bear is observed within the project area, TPWD requests that the observation be reported to TPWD mammologist Jonah Evans at (830) 331-8739. For more information, please see the black bear fact sheet available on the TPWD website.

Reticulate collared lizard

Reticulate collared lizards are large lizards known to bask on elevated dirt mounds such as those along the edges of unimproved roads throughout south Texas. They generally occur in areas void of vegetation (i.e., bare rock, gravel) and in typical shrubland/chaparral habitat. Also, both reticulate collard lizards and Texas horned lizards are especially active during the spring (April-May) mating season and are more likely to be negatively impacted by construction activities during this period.

Recommendation: When approached, reticulate collared lizards will typically flee to the base of a shrub and remain motionless. Contractors should be made aware of the potential to encounter reticulate collared lizards in the project area.


If encountered, contactors should allow the lizards to escape; contractors should also be instructed to avoid negatively impacting any lizards encountered.

Texas horned lizard

Suitable habitat for the Texas horned lizard may be present within the project area. The Texas horned lizard can be found in open, arid, and semi-arid regions with sparse vegetation, including grass, cactus, scattered brush or scrubby trees.

If present in the project area, the Texas horned lizard could be impacted by ground disturbing activities, including ROW clearing. A useful indication that the Texas horned lizard may occupy an area is the presence of Harvester ant (Pogonomyrmex sp.) nests as they are the primary food source of horned lizards. Texas horned lizards are active above ground when temperatures exceed 75 degrees Fahrenheit. During warmer seasons, they may be able to avoid slow (< 15 miles per hour) moving equipment. Texas horned lizards may hibernate on-site in loose soils a few inches below ground during the cooler months from September/October to March /April. Construction in these areas could harm hibernating lizards. If horned lizards (nesting, gravid females, newborn young, lethargic from cool temperatures or hibernation) cannot move away from noise and approaching construction equipment, they could be negatively affected by construction activities.

Recommendation: TPWD recommends developing routes that avoid high quality or suitable habitat for state-listed species, if possible. TPWD recommends that a pre-construction survey be conducted to determine if homed lizards are present within the preferred transmission line corridor. As stated above, a useful indicator of potential occupancy is the presence of Harvester ants. Surveys should be conducted during warmer months of the year when horned lizards are active.

TPWD recommends avoiding disturbance of the Texas homed lizard and colonies of the Harvester ant during clearing and construction. TPWD recommends a permitted biological monitor be present during construction to attempt to capture and relocate Texas horned lizards if found. If the presence of a biological monitor is not feasible, state-listed species observed during construction should be allowed to safely leave the site on their own

Texas tortoise

The Texas tortoise has a home range of approximately five to ten acres. Suitable habitat for the Texas tortoise occurs throughout most of the proposed project's


study area and in adjacent areas. Texas tortoises have been observed in the general vicinity of the project.

Recommendation: TPWD recommends that contractors working in the proposed transmission line ROW be made aware of the potential for the state-listed Texas tortoise to occur in the area. Contractors and other staff should be made aware that in south Texas, the Texas tortoise is inactive from December through January and is therefore likely to be undetectable in a project area during this time. TPWD recommends a biological monitor be on site during any vegetation clearing to inspect sites subject to disturbance that may provide cover for tortoises (e.g., bases of prickly pear cactus) or provide sites for tortoise pallets (shallow excavations typically at the base of vegetation that are opportunistically occupied by tortoises). Additionally, tortoises have been known to seek cover (shade) underneath parked vehicles; therefore, TPWD recommends that before driving vehicles that have been parked within the project corridor, contractors should check underneath the vehicles to ensure no tortoises are present.

If a tortoise is located at the project area, it should be relocated as far from the proposed activity as possible, but within its 5 to 10 acre range. After tortoises are removed from the immediate project area, TPWD recommends constructing an exclusion fence with metal flashing or drift fence material; regular silt fence material may be used. The exclusion fence should be buried at least six-inches deep and be 24-inches high. In addition to tortoises, exclusion fences are effective in preventing other reptile species from entering a construction area. Additional information regarding Texas tortoise best management practices is available on the TPWD Wildlife Habitat Assessment Program website.

In addition to being a naturally slow moving animal susceptible to vehicle collisions, when startled (e.g., by traffic or heavy machinery), the Texas tortoise may withdraw into its shell rather than fleeing, thus increasing its risk for collision with vehicles.

Recommendation: TPWD recommends establishing and enforcing low speed limits (<20 MPH) in construction areas in order to minimize the potential of vehicle collisions with tortoises and other wildlife.

Species of Concern

In addition to state- and federally-protected species, TPWD tracks special features, natural communities, species of concern (SOC), and species of greatest conservation need (SGCN) in the TXNDD and actively promotes their


conservation. TPWD considers it important to evaluate and, if necessary, minimize impacts to rare species and their habitat to reduce the likelihood of endangerment.

Recommendation: TPWD recommends reviewing the most current TPWD annotated county lists of rare species for Zapata County, as SOC/SGCN species could be present depending upon habitat availability.

The TXNDD is intended to assist users in avoiding harm to rare species or significant ecological features. Given the small proportion of public versus private land in Texas, the TXNDD does not include a representative inventory of rare resources in the state. Absence of information in an area does not imply that a species is absent from that area. Although it is based on the best data available to TPWD regarding rare species, the data from the TXNDD do not provide a definitive statement as to the presences, absence or condition of special species, natural communities, or other significant features within your project area. These data are not inclusive and cannot be used as presence/absence data. They represent species that could potentially be in your project area. This information cannot be substituted for on-the-ground surveys. The TXNDD data is updated continuously based on new, updated and undigitized records; therefore, TPWD recommends requesting the most recent TXNDD data on a regular basis. TXNDD data can be requested through the TXNDD website.

Please be aware that determining the actual presence of a species in a given area depends on many variables including daily and seasonal activity cycles, environmental activity cues, preferred habitat, transiency and population density (both wildlife and human). The absence of a species can be demonstrated only with great difficulty and then only with repeated negative observations, taking into account all the variable factors contributing to the lack of detectable presence.

Tamaulipan spot-tailed earless lizard

Suitable habitat for the Tamaulipan spot-tailed earless lizard (STEL) (Holbrookia subcaudalis) may be present throughout the entire project area. The Tamaulipan STEL is known to inhabit moderately open prairie-brushland as well as fairly flat areas free of vegetation or other obstructions, including disturbed areas.

Recommendation: TPWD recommends implementing the following BMPs to assist in minimizing potential impacts to the Tamaulipan STEL. TPWD notes that implementing the following BMPs could also help minimize impacts to a variety of native wildlife species that may inhabit the project area.


• A major threat to the Tamaulipan STEL is road traffic, as this species has exhibited behavior indicating that they prefer roads and tend to cross roads often, potentially for thermoregulation. TPWD recommends reducing the amount of roads, both temporary and permanent, planned to be constructed for the proposed project. TPWD also recommends reducing speed limits in the project area to at least 15 mph (or slower) to help prevent vehicle-induced mortality of this species.

• This species prefers a mixture of bare ground and sparse vegetation, including disturbed areas. TPWD recommends avoiding impacts to suitable habitat for this species. Areas disturbed by project-related construction activities within suitable habitat for the Tamaulipan STEL should be revegetated with site-specific native, patchy vegetation rather than sod-forming grasses.

• The Tamaulipan STEL utilizes burrows for shelter. TPWD recommends identifying locations of burrows on the project site and avoiding impacts to burrows if feasible.

• TPWD recommends providing contractor training for the identification, behavior, and habitat requirements of the Tamaulipan STEL. It is important for construction personnel to be able to identify this species and to be on the lookout for them during construction and to avoid impacting them if encountered on-site.

In January 2010, the STEL was petitioned for listing under the Endangered Species Act (ESA). On May 24, 2011, the USFWS issued a 90-day finding on that petition. Based on their review, the USFWS found the petition presents substantial scientific or commercial information indicating that listing the STEL may be warranted. The USFWS has therefore initiated a status review to determine if listing is in fact warranted. Based on this status review, the USFWS will issue a 12-month finding on the petition.

Recommendation: TPWD recommends monitoring the listing status of the STEL throughout project planning and construction and perform required consultation, permitting, and mitigation with the USFWS if this species becomes listed under the ESA.

Monarch Conservation Plan

Significant declines in the population of migrating monarch butterflies (Danaus plexippus) have led to widespread concern about this species and the long-term persistence of the North American monarch migration. As part of an international conservation effort, TPWD has developed a Texas Monarch and Native Pollinator Conservation Plan. One of the broad categories of action in the plan is to augment


larval feeding and adult nectaring opportunities. The plan is available on TPWD's website.

Recommendation: For disturbed sites within the monarch migration corridor and for landscaping opportunities in urban settings, TPWD recommends revegetation efforts include planting or seeding native milkweed (Asclepias spp.) and nectar plants as funding and seed availability allow. Where appropriate and sustainable, TPWD recommends landscaping plans incorporate monarch-friendly plants. Information about monarch biology, migration, and butterfly gardening can be found on the Monarch Watch website.

TPWD advises review and implementation of these recommendations in the preparation of the environmental document for the project. Please contact me at (361) 825-3240 or russell.hootengtpwd.texas.gov if you have any questions or we may be of further assistance.

Russell Hooten Wildlife Habitat Assessment Program Wildlife Division

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cc: Rachelle Robles, Public Utilities Commission of Texas

Documents

11111 111 11 11 11 111 11 11 Contr I Number: 50690 · • Reticulate collared lizard (Crotaphytus reticulatus) • Texas horned lizard (Phrynosoma cornutum) Recommendation: Please