Cont ol Number: 48358 Ill 111 11 111 1111 Item Number: 137 … · 2019. 4. 30. · study area for...

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Cont ol Number: 48358

Ill 111 11 111 1111 Item Number: 137

Addendum StartPage: 0

TEXAS PARKS &

WILDLIFE

Life's better outside'

Commissioners

July 23, 2018

Ms. Karen Hubbard Public Utility Commission of Texas P.O. Box 13326 Austin, TX 78711-3326

ECEIVED NO JUL 27 AM IC: 3 1

FL' C'Th:11.̀.7 SION FILING CLERK

RE: Lower Colorado River Authority Transmission Services Corporation, Cooks Point 138-kilovolt Transmission Line (Public Utility Commission Docket No. DM,. Burleson County, Texas

Dear Ms. Hubbard:

Texas Parks and Wildlife Department (TPWD) has received and reviewed the Environmental Assessment (EA) and Alternative Routes Analysis regarding the above-referenced proposed transmission line 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 Code, Section 12.0011. For tracking purposes, please refer to TPWD project number 40135 in any return correspondence regarding this project.

Project Description

Lower Colorado River Authority Transmission Services Corporation (LCRA) proposes to design and construct a new single circuit 138-kilovolt (kV) transmission line in Burleson County, Texas. This new transmission line will connect a new load-serving electric substation located in the vicinity of the Cooks Point community in northern Burleson County (near the intersection of State Highway (SH) 21 and Farm-to-Market Road (FM) 1362) to either the existing Bluebonnet Electric Cooperative (BBEC) Lyle Wolz Substation or BBEC Lyons Substation, depending on the route approved for the project. LCRA will install new transmission equipment at the new Cooks Point Substation, as well as at either the Lyle Wolz Substation or Lyons Substation.

Ralph H. Duggins Chairman

Fort Worth

S. Reed Morian Vice-Chairman

Houston

T. Dan Friedkin Houston

Anna B. Galo Laredo

Bill Jones Austin

Jeanne W. Latimer San Antonio

James H. Lee Houston

Dick Scott Wimberley

Kelcy L. Warren Dallas

Lee M. Bass Chairman-Emeritus

Fort Worth

Carter P. Smith Executive Director

4200 SMITH SCHOOL ROAD AUSTIN, TEXAS 78744-3291

512.389.4800

The new transmission line will have a length of approximately 17- to 23-miles depending on the final route approved by the Public Utility Commission of Texas (PUC). The new single circuit transmission line would be supported by concrete and/or steel structures within a right-of-way (ROW) that would be approximately 80-feet wide, depending on location. Typical structure heights may range between 75- to 110-feet above ground. Approximate span lengths between structures would typically range between 600- to 1,000-feet.

LCRA retained URS Corporation (URS) to delineate and evaluate alternative routes and to prepare an EA to support LCRA's application to the PUC to amend its Certificate of Convenience and Necessity (CCN). The EA is intended to provide

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

Ms. Karen Hubbard Page 2 July 23, 2018

information and address requirements of §37.056(c)(4)(A)-(D) of the Public Utility Regulatory Act (PURA), Public Utility Commission of Texas (PUC) Procedural Rule §22.52(a)(4), the PUC's CCN application form and PUC Substantive Rule §25.101.

Previous Coordination

TPWD provided information and recommendations regarding the preliminary study area for this project to URS on November 6, 2017. This letter was included in Appendix A of the EA.

Recommendation: Please review previous TPWD correspondence and consider the recommendations provided, as they remain applicable to the proposed project, but are not repeated in this letter.

TPWD offers the following additional comments and recommendations concerning this project.

Proposed Alternative Routes

LCRA's Recommended Route

URS documented existing environmental and land use constraints within the study area for the purpose of identifying preliminary alternative route segments and substation locations. URS and LCRA developed and evaluated 26 alternative transmission line routes. LCRA used this information along with economics, engineering, system planning, and environmental issues to identify a route that it believes best addresses the requirements of the Public Utility Regulatory Act (PURA) and PUC Substantive Rules.

Page 27 of LCRA's Application to Amend its CCN identifies Route 7 as the Alternative Route that LCRA believes best addresses the requirements of PURA and the PUC's Substantive Rules. According to the CCN application, this decision was based on the following benefits:

• the lowest overall cost of each of the Alternatives Routes; • is generally consistent with the route preferences indicated by the City of

Caldwell and Burleson County; • the third shortest length; • parallels and is adjacent to existing corridors (including apparent property

boundaries) for approximately 85 percent of its total length; • connects to an existing transmission system at the Lyle Wolz Substation,

which provides system planning flexibility;


• connects to Substation Site 2, which is subject to less pipeline congestion than Substation Site 1;

• traverses potential endangered species habitat for only 0.4-mile; and • does not cross any recorded cultural resources sites and has only two

additional recorded cultural resources sites located within 1,000-feet of the route centerline.

The EA did not provide sufficient information based on surveys (aerial or field), remote sensing, modeling, or other available analysis techniques to determine which route would best minimize impacts to important, rare, and protected species. Therefore, the TPWD routing recommendation below is based solely on the natural resource information provided in the CCN application and the EA, as well as publicly available. information examined in Geographic Information Systems (GIS).

Comment: Of the 26 routes evaluated in the EA, Route 7 does not adequately minimize adverse impacts to natural resources. Route 7 is parallel or adjacent to existing transmission line for only 1.7-miles of its length, and ranks 5th lowest (85 percent) for percent of route parallel to existing corridors. Route 7 is situated within 1,000-feet of a park or recreation area. Additionally, Route 7 has the maximum number of known rare/unique plant locations within the ROW.

TPWD's Recommended Route

To evaluate the potential impacts to fish and wildlife resources, 17 criteria from Appendix F in the EA were used. The criteria TPWD used to evaluate potential impacts to fish and wildlife resources include:

• length of alternative route; • length of route parallel and adjacent to existing electric transmission line; • length of route parallel and adjacent to existing public roads/highways; • length of route parallel and adjacent to railroads; • percent of route parallel to existing corridors (including apparent property

boundaries); • length of route across parks/recreational areas; • number of additional parks/recreational areas within 1,000-feet of the route

centerline; • estimated length of route within foreground visual zone of

parks/recreational areas; • length of route across riparian woodlands; • length of route through upland forest; • length of route across forested or scrub/shrub wetlands;


• length of route across emergent wetlands; • number of streams crossed by the route; • length of route parallel to rivers, creeks, and streams (within 100-feet); • length of route across open water • number of known rare/unique plant locations within the ROW; and • length of route through potential endangered or threatened species habitat.

TPWD typically recommends that transmission line routes be located adjacent to previously disturbed areas such as existing utility or transportation ROWs and discourages fragmenting habitat or locating in areas that could directly negatively impact wildlife, including listed species. After careful evaluation of the 26 routes filed with the CCN, TPWD recommends Alternative Route 21 as the alternative route that best minimizes impacts to natural resources. TPWD's decision to recommend Alternative Route 21 was based primarily on the following factors.

• Exhibits overall avoidance of route proximity to modeled optimal habitat for threatened and endangered species (0.4-mile crossing modeled optimal habitat);

• has the greatest length of route (14.1miles) parallel or adjacent to existing electric transmission lines;

• has 93 percent of the route parallel or adjacent to existing corridors (including apparent property boundaries);

• ROW does not cross known rare/unique plant locations; • has minimal crossing of forested or scrub/shrub wetlands (0.1mile); • does not cross emergent wetlands; • has minimal crossing of open water (0.1mile); and • ranks fourth in terms of length of route parallel (within 100-feet) to

streams or rivers.

TPWD notes that certain proposed route segments are problematic in terms of natural resource conservation. Based on Appendix C of the EA, optimal habitat modeling data provided by LCRA, and review of aerial imagery and other publicly available data, TPWD recommends avoiding the following route segments:

• Segments G2, X2, and X3 would entail new transmission line ROW development, and significant portions of these segments traverse modeled optimal habitat for Houston toad (Anaxyrus houstonensis).

• Segment X2 appears to come within 500 feet of critical habitat for the Houston toad.

Route Alternatives that include one or more of the above-listed segments are Routes 4, 6, 9, and 10.


Recommendation: TPWD recommends the PUC select a route that minimizes impacts to optimal habitat types, including modeled habitat for Houston toad. TPWD specifically advises against Alternative Routes 4, 6, 9, and 10.

Recommendation: TPWD recommends the PUC select a route that minimizes the risk of encroachment to designated critical habitat for Houston toad. TPWD specifically advises against Routes 6, 9, and 10, all of which include Segment X2.

Construction Recommendations

General Construction Recommendation

Recommendation: For soil stabilization and/or revegetation of disturbed areas within the proposed project area, TPWD recommends 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 rather than erosion control blankets or mats due to a reduced risk to wildlife. If erosion control blankets or mats will 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.

Recommendation: If trenching or other excavation is involved in construction, TPWD recommends that contractors keep trenching/excavation and backfilling crews close together to minimize the amount of trenches/excavation areas left open at any given time during construction. TPWD recommends that any open trenches or excavation areas be covered overnight and/or inspected every morning to ensure no reptiles or other wildlife species have been trapped. Trenches left open for more than two daylight hours should be inspected for the presence of trapped wildlife prior to backfilling. If trenches/excavation areas cannot be backfilled the day of initial excavation, then escape ramps should be installed at least every 90 meters. Escape ramps can be short lateral trenches or wooden planks sloping to the surface at an angle less than 45 degrees (1:1).

Recommendation: For soil stabiliz4tion and/or revegetation of disturbed areas within the proposed project area, TPWD recommends 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 rather than erosion control blankets or mats due to a reduced risk to wildlife. If erosion control blankets or mats will 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

Federal Law: Migratory Bird Treaty Act

The Migratory Bird Treaty Act (MBTA) prohibits direct and affirmative purposeful action 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. The U.S. Fish and Wildlife Service (USFWS) Migratory Bird Office can be contacted at (505) 248-7882 for more information on potential impacts to migratory birds.

Section 4.5.2.1 states that electrocution hazards to birds would be low, because the distance between conductors or conductor and ground wire exceeds the wingspan of birds in the area. No discussion is presented regarding the electrocution hazards encountered by birds perching on project structures, nor the reduction of those hazards. No discussion is presented regarding the risk of fatal collision of birds with powerlines, nor how such risks could be minimized.

Recommendation: TPWD recommends any vegetation clearing be scheduled outside of the general bird nesting season of March 15th to September 15th; however, if clearing must occur during nesting season, nest surveys should be conducted prior to clearing. If nests are observed during surveys, a vegetation buffer area of no less than 25-feet in diameter should remain around the nest until all young have fledged.

Recommendation: For additional information, please see the guidelines published by USFWS and the Avian Power Lines Interaction Committee (APLIC) in the updated guidance document Reducing Avian Collisions with Power Lines: State of the Art in 2012. This manual, released on December 20, 2012, identifies best practices and provides specific guidance to help electric utilities and cooperatives reduce bird collisions with power lines. A companion document, Suggested Practices for Avian Protection on Power Lines, was published by APLIC and the USFWS in 2006.


Federal Law: 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. 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.

The USFWS should be contacted for species occurrence data, guidance, permitting, survey protocols, and mitigation for federally listed species. For the USFWS rare species lists by county, please visit the USFWS Information for Planning and Consultation (IPaC) webpage.

Recommendation: Please refer to the Federal Law: ESA sections of TPWD's prior project correspondence (November 2017) in Appendix A of the EA, as the previously mentioned recommendations to avoid and minimize impacts to federally-listed species remain applicable.

Navasota ladies'-tresses (Spiranthes parksii, listed by the ESA as endangered) is a species subject to ESA protection and appears to have suitable habitat within the study area. This species is found within the Oaks and Prairies region of Texas, and it is associated with mesic sites along riparian edge habitat. This species blooming is dependent on the timing and amount of soil moisture available, and therefore cannot be expected to bloom annually. When not blooming this species is very cryptic, making both detection and identification difficult.

Section 2.3.5.1 of the EA identifies the federally-listed endangered Navasota ladies'-tresses as being known within the area, and cites efforts to avoid known populations of these species during the routing process. Section 4.5.1.2 of the EA concludes that because all modeled suitable habitat is located south of all primary alternative routes, the project would not adversely affect Navasota ladies'-tresses.

Recommendation: TPWD recommends avoiding disturbance to the areas of moist ground along wooded edges required by Navasota ladies'-tresses. TPWD recommends a qualified biologist conduct pre-construction surveys for Navasota ladies'-tresses. TPWD recommends that if Navasota ladies'-tresses or its habitat would be impacted by the proposed project, LCRA should coordinate with TPWD and the USFWS, as appropriate, to determine avoidance, minimization, and mitigation strategies.

The sharpnose shiner (Notropis oxyrhynchus) and small-eye shiner (N buccula), both listed by the ESA as endangered, are species subject to ESA protection and have habitat within portions of the study area. These are cyprinid fishes endemic


to the Brazos River drainage, both in the mainstream river and within smaller tributaries.

Two federal candidate species, the smooth pimpleback (Quadrula houstonensis) and Texas fawnsfoot (Truncilla macrodon), are freshwater mussels which could be present within the study area. These species may be found within small to moderately sized strearns, rivers, and reservoirs.

Section 4.5.2.4 of the EA states that the use of perpendicular water crossings, avoidance of locating structures within streams, and implementation of stormwater pollution prevention measures will minimize potential impacts to the species, and concludes that the species would not be adversely affected by the project.

Recommendation: TPWD recommends avoiding disturbance to the Brazos River and its tributaries, which are habitat for the federally endangered sharpnose shiner and small-eye shiner, and for the two federal candidates, smooth pimpleback and Texas fawnsfoot. If disturbance is anticipated, TPWD recommends a qualified biologist conduct pre-construction surveys for these species. TPWD recommends that if any of these species or their habitat would be impacted by the proposed project, LCRA should coordinate with TPWD and the USFWS, as appropriate, to determine avoidance, minimization, and mitigation strategies. For coordination with TPWD, please contact Mr. Travis Tidwell at (512)389-8160 or [email protected] regarding aquatic habitat impacts.

The Houston toad, listed by the ESA as federally endangered, has been observed within the project study area. Additionally, USFWS-designated critical habitat for the species is located within the study area, and additional suitable habitat appears be present within the study area based upon URS modeling. Please note that the Houston toad is a year-round resident where found and its presence is most easily detected during the breeding season when males may be heard calling. Plants that are often present in Houston toad habitat include loblolly pine (Pinus taeda), post oak (Quercus stellate), bluejack or sand jack oak (Q. incana), yaupon (Ilex vomitoria), and little bluestem (Schizachyrium scoparium). These plant species appear to be present within the project site. Houston toads utilize both permanent and ephemeral water sources.

Recommendation: TPWD recommends avoiding disturbance to woodland savannahs located within areas of deep, sandy soils. If disturbance is anticipated, TPWD recommends a qualified biologist conduct pre-construction surveys for Houston toad following USFWS survey protocols. TPWD recommends that if Houston toad or their habitat would be impacted by the proposed project, LCRA should coordinate with TPWD and the USFWS, as appropriate, to determine avoidance, minimization, and mitigation strategies.


The interior least tern and (Sternula antilarum atjalassos, federally endangered), whooping crane (Grus americana, federally endangered), and red knot (Calidras canutus rufa, federally threatened) are birds which could be present within the study area during migration. Section 4.5.2.1 states that electrocution hazards to birds would be low, because the distance between conductors or conductor and ground wire exceeds the wingspan of birds in the area. Section 4.5.2.4 of the EA concludes that the project is unlikely to adversely affect these species; however, a commitment is made that LCRA would immediately coordinate with USFWS if a whooping crane is observed in the area of the PUC-selected Route.

Recommendation: TPWD recommends a policy of coordination with USFWS if any of the above-listed bird species are observed in the area of the PUC-selected route.

Recommendation: The potential exists for birds, including the federally listed species above, to collide with power lines and associated guy wires and static lines. TPWD recommends implementation of the guidelines published by USFWS and the Avian Power Lines Interaction Committee (APLIC) in the updated guidance document Reducing Avian Collisions with Power Lines: State of the Art in 2012. This manual, released on December 20, 2012, identifies best practices and provides specific guidance to help electric utilities and cooperatives reduce bird collisions with power lines. A companion document, Suggested Practices for Avian Protection on Power Lines, was published by APLIC and the USFWS in 2006.

Federal Law: Bald and Golden Eagle Protection Act

The Bald and Golden Eagle Protection Act (BGEPA) prohibits anyone, without a permit issued by the Secretary of the Interior, from taking bald eagles (Haliaeetus leucocephalus), including their parts, nests, or eggs. The BGEPA provides criminal penalties for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any time or any manner, any bald eagle ... [or any golden eagle], alive or dead, or any part, nest, or egg thereof" The BGEPA defines "take" as to pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb.

Section 2.3.5.2 of the EA notes that the bald eagle could be present within the study area. In Section 4.5.2.1 of the EA, a commitment is made to include bald eagle (including nests) surveys within the broader Natural Resource Assessment that will be conducted prior to construction of the PUC-selected Route.

Recommendation: When potential impacts to the bald eagle are anticipated, TPWD recommends consultation with USFWS — Austin Ecological Services


at (512) 490-0057 regarding compliance with the BGEPA. TPWD also recommends consultation with TPWD since the bald eagle is also state-listed threatened species.

State Law: Parks and Wildlife Code — Chapter 64, Birds

Texas Parks and Wildlife (TPW) Code Section 64.002, regarding protection of nongame birds, 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, "[n]o 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.

Recommendation: Please review the Federal Law: Migratory Bird Treaty Act section above for recommendations as they are also applicable for Chapter 64 of the TPW Code compliance.

State Law: Aquatic Resources

TPW Code Section 1.011 grants TPWD authority to regulate and conserve aquatic animal life of public waters. Title 31, Chapter 57, Subchapter B, Section 57.157 of the Texas Administrative Code (TAC) regulates take of mussels and clams, and Section 12.301 of the TPW Code identifies liability for wildlife taken in violation of TPW Code or a regulation adopted under TPW Code.

Section 1.5 of the EA details project construction considerations, including those that relate to aquatic resource conservation. LCRA commits to:

• Endeavor to avoid oil spills and other types of pollution. • Avoid taking water from streams or other water bodies; if taking water

from streams is necessary, the volumes taken will not harm the ecology/aesthetics of the area.

• Comply with Texas Commission on Environmental Quality (TCEQ) general permit for storm water discharges.

• Consider silt deposition in water courses during ROW preparation. • Perform vegetation removal and construction activities in a manner to

minimize damage to the area and in accordance with U.S. Army Corps of Engineers (USACE) requirements.

• Employ a Storm Water Pollution Prevention Plan (SWPPP).


Additionally, Section 1.5.1 notes that "In some cases, culverts may be used to cross creeks and tributaries. Where culverts are not used, creek crossings may consist of rock or cobble placed in the stream bottom."

Intermittent streams and smaller perennial streams provide important habitat for fish by providing spawning and nursery habitat as well as providing invertebrate, detritus, and other organic matter to downstream food webs. Fish also serve as hosts for mussel larvae and are essential in completing the mussel life cycle. Because the waters of the project area may provide important fish habitat, avoiding impacts to stream habitat, fish, mussels, and other aquatic life during construction is encouraged.

Recommendation: To avoid or minimize potential adverse impacts to aquatic species, TPWD recommends implementing additional construction methodologies and best management practices (BMPs), including constructing stream crossings that do not obstruct flow and ensuring that permanent or temporary fills do not smother freshwater mussels.

Recommendation: To minimize disturbance to streams and to minimize impacts to aquatic life, TPWD recommends allowing personnel and equipment to enter streams only when essential to the work being done. If work would be conducted within riparian areas, only vegetation impeding construction should be removed, equipment should not be driven over vegetation when it is wet, and heavy machinery should not be stored on vegetative cover for long periods of time. Protective mats should be utilized during construction to reduce the amount of soil and root disturbance and aid in the recovery of plants. When gabion mattresses, walls, riprap or other bank stabilization devices are necessary, their placement should not impede the movement of aquatic and terrestrial wildlife within and along the stream. In some instances, the bank stabilization device can be back-filled with topsoil and planted with native vegetation. As an alternative, TPWD recommends considering biotechnical streambank stabilization methods using live native Vegetation or a combination of vegetative and structural materials.

Dewatering, maintenance, and construction related activities in rivers, creeks, streams, lakes, sloughs, reservoirs, bays, estuaries, stilling basins, and other flood control structures may negatively impact fish, shellfish, and other aquatic resources. TPWD is the state agency with primary responsibility for protecting the state' s fish and wildlife resources. The TPW Code authorizes the department to investigate fish kills and any type of pollution that may cause loss of fish or wildlife resources, estimate the monetary value of lost resources, and seek restitution or restoration from the party responsible for the fish kill or pollution through suit in county or district court. The TAC requires the department to actively seek full restitution for and/or restoration of fish, wildlife, and habitat loss occurring as a


result of human activities. The restitution value of lost resources can be significant, in particular for species classified as threatened or endangered. Restitution for each individual of a threatened species is at least $500 and for each individual of an endangered species is at least $1,000. In addition, the TPW Code makes it a criminal offense to kill any fish or wildlife resources classified as threatened or endangered.

Recommendation: If dewatering, maintenance, or construction related activities within water resources are anticipated to occur, then TPWD recommends LCRA coordinate with TPWD Kills and Spills Team (KAST) to develop a plan to avoid impacts to aquatic resources and, in some instances, relocate aquatic resources outside of the project area. The coordination process should include the development of a written Aquatic Resources Relocation Plan (ARRP) to control and limit the impacts of dewatering, maintenance, or construction related projects on aquatic resources. An ARRP for this project can be submitted to Travis Tidwell, TPWD Region 1 KAST at (512)389-8160 or [email protected]

Recommendation: If construction occurs during times when water is present in streams and dewatering activities or other harmful construction activities are involved, then TPWD recommends relocating potentially impacted native aquatic resources in conjunction with the Permit to Introduce Fish, Shellfish or Aquatic Plants into Public Waters and an ARRP. The ARRP should be completed and approved by the department 30 days prior to dewatering and/or resource relocation and submitted with the application for a no-cost Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters. The applicant must receive formal approval of the ARRP by TPWD prior to initiating dewatering, maintenance, or construction related activities.

Recommendations: TPWD recommends use of BMPs for riparian areas to minimize potential impacts to sensitive aquatic organisms. BMPs would include measures such as avoiding construction during spawning periods and use of double silt fences and doubling soil stabilization measures along the banks to avoid increasing the turbidity of the creek. If dewatering activities and other project-related activities cause mortality to fish and wildlife species, then the responsible party would be subject to investigation by the TPWD KAST and will be liable for the value of the lost resources under the authority of TPW Code Sections 12.0011 (b) (1) and 12.301.

State Law: State-Listed Species

Section 68.015 of the Parks and Wildlife Code regulates state-listed species. Please note that there is no provision for capture, trap, take, or kill (incidental or otherwise) of state-listed species. A copy of TPWD Protection of State-Listed Species


Guidelines, which includes a list of penalties for take of species, can be found online at the TPWD Wildlife Habitat Assessment Program: Laws and Regulations Applicable to TPWD Review webpage. State-listed species may only be handled by persons with the appropriate authorization obtained through TPWD. For more information on this authorization, please contact the Wildlife Permits Office at (512) 389-4647.

Section 2.3.5.2 of the EA does acknowledge potential habitat for multiple state-listed species as occurring within the project area. Section 4.5.2.4 of the EA includes commitments to allow state-listed species to safely leave the project area, or to be relocated by a permitted individual.

TPWD provides online access to state-listed species information through the TPWD Rare, Threatened, and Endangered Species of Texas by County (RTEST) application. This application provides county-level information regarding occurrence of protected species (federal- or state-listed threatened or endangered) and may be utilized to inform development project planning. Additionally, records of occurrence for these protected species are tracked within the Texas Natural Diversity Database (TXNDD) and are publicly available by request. In reviewing these data sources, aerial imagery, the EA, and spatial data provided by LCRA, TPWD has determined the project area appears to provide suitable habitat for multiple state-listed species, such as the following species:

• American peregrine falcon (Falco peregrinus anatum) • bald eagle (Haliaeetus leucocephalus)* • peregrine falcon (F. peregrinus) • wood stork (Mycteria americana) • alligator snapping turtle (Macrochelys temminckii) • timber rattlesnake (Crotalus horridus) • Texas horned lizard (Phrynosoma cornutum) • blue sucker (Cycleptus elongatus) • smooth pimpleback** • Texas fawnsfoot**

* addressed in BGPEPA Section, above **addressed in ESA Section, above

Birds

The peregrine falcon is noted for having a wide and diverse distribution. The American peregrine currently nests in the western U.S., Canada, and Mexico. These birds spend the nonbreeding season near their breeding areas or move only moderately southward. Preferred hunting habitats such as meadows, river bottoms,


croplands, marshes, and lakes attract abundant bird life. Peregrines capture a wide variety of birds, including blackbirds, jays, swifts, doves, shorebirds, and songbirds.

The wood stork is associated with various habitats featuring shallow, standing water, such as prairie ponds, ditches, mudflats, flooded fields, and natural wetlands. This species will utilize both freshwater and saltwater systems, located in either open or forested areas. The wood stork roosts communally in snags, sometimes in association with other species of wading birds (e.g., herons). A colonial wading bird rookery is documented in the project study area.

Recommendation: TPWD recommends avoiding disturbance to habitats required by the above-listed birds. If disturbance of these habitats is anticipated, LCRA should coordinate with TPWD to determine avoidance, minimization, and mitigation strategies.

In general, nesting dates for herons and egrets range from early February to late August in Texas, depending on the species. Great Blue Herons (GBHE) are usually the first to nest. If nesting GBHE are disrupted and abandon nesting, other species of wading birds may not attempt to nest at the rookery that year. Nesting dates for Texas species within rookeries can be found in Nuisance Heronries in Texas, available at the TPWD Nuisance Wildlife in Texas webpage.

Recommendation: If rookeries are encountered, TPWD recommends avoiding/minimizing disturbance during nesting. TPWD recommends a primary buffer area of 300 meters (984 feet) from the rookery periphery to avoid any vegetation clearing as a protection measure to protect the rookery species and their habitat. Transmission line construction and permanent easements that would encroach within this buffer area should be re-routed, adjusted, or narrowed to avoid clearing within this buffer area. Utilizing areas that have already been cleared within this buffer area may be acceptable depending on site-specific characteristics. Additionally, human foot traffic or machinery use should not occur within this buffer area during the nesting season.

Recommendation: TPWD recommends a secondary buffer area of 1000 meters (3281 feet) from the rookery periphery to avoid clearing activities or construction using heavy machinery during the breeding season (courting and nesting). If rookeries are identified in the project area and details regarding the rookeries are provided, TPWD staff can discuss the ability to feasibly meet the recommended setback distances. Details to aid in decision making includes the size of the rookery (number of nests and area of rookery), species utilizing the rookery, distance of rookery periphery from the construction area, and characteristics regarding the habitat within and surrounding the rookery.


Recommendation: Please refer to the Federal Law: MBTA and Federal Law: ESA sections above, and within of TPWD's prior project correspondence (November 2017) in Appendix A of the EA, as the previously mentioned recommendations to avoid and minimize impacts to migratory birds and federally-listed birds are applicable in avoiding and minimizing impacts to state-listed birds as well.

Reptiles

The alligator snapping turtle is the largest freshwater turtle in North America, and inhabits both lentic and lotic systems within the southeastern United States. Perennial water is required by the alligator snapping turtle and this species is most often found within the deep-water portions of rivers, canals, oxbows, and swamps. This species prefers muddy substrates with sufficient vegetation. Individual turtles are known to make movements of several river-miles. Nesting occurs in the spring, when female turtles will lay a single clutch of eggs on dry land not far from a water source. Nest sites typically include river berms, high banks, and artificial spoil mounds. Hatchling turtles emerge in the late summer.

While alligator snapping turtles can coexist with some degree of channel modification, negative effects of these activities include the removal of important habitat features (e.g., large woody debris), alteration of hydrology, and/or disruption of nesting sites.

Recommendation: TPWD recommends LCRA and its contractors be aware that alligator snapping turtles or common snapping turtles, which are of similar appearance, may be encountered near water resources when they go on land to lay eggs.

Recommendation: TPWD recommends avoiding disturbance of the waterways within the study area that may be inhabited by the alligator snapping turtle. A field survey by a qualified biologist is recommended in areas of suitable habitat to determine if the species is present. If present, TPWD recommends LCRA incorporate actions into the project plans to avoid impacts to this species. TPWD recommends LCRA inform employees and contractors of the potential for the alligator snapping turtle to occur in or near waterbodies within the project area and to avoid harming this species if encountered.

Timber rattlesnakes utilize a variety of habitats which include swamps, floodplains, lowland forests, upland pine and deciduous woodlands, riparian areas, thickets, and abandoned farmland. Timber rattlesnakes prefer areas with dense groundcover by vegetation such as woody vines or palmetto. Tree stumps, logs and branches, and


limestone bluffs are important habitat features, as these structures provide important refugia for the timber rattlesnake. More open habitat types, such as ROW edge, may be utilized by timber rattlesnakes for basking, or traversed by snakes moving from one habitat patch to another.

Recommendation: Because snakes are generally perceived as a threat and killed when encountered during clearing or construction, TPWD recommends LCRA inform employees and contractors of the potential for the state-listed threatened timber rattlesnake to occur in the project area. Contractors should be advised to avoid impacts to snakes. Injury to humans usually occurs when the snake becomes agitated following harassment or when someone attempts to handle a recently dead venomous snake that retains its bite reflex. Therefore, contractors should avoid contact with snakes if encountered and allow all native snakes to safely leave the project area.

Texas horned lizards are generally active during spring through fall. At that time of year, they may be able to avoid slow (less than 15 miles per hour) moving equipment. The remainder of the year, this species hibernates only a few inches underground and they will be much more susceptible to earth moving equipment and compaction. Construction in these areas could harm hibernating lizards. Horned lizards are active above ground when temperatures exceed 75 degrees Fahrenheit. If horned lizards (nesting, gravid females, hatchlings, or individuals lethargic from cool temperatures or hibernation) cannot move away from noise and approaching construction equipment in time, they could be affected by construction activities.

Recommendation: TPWD recommends avoiding disturbance of the Texas horned lizard, its burrows, and colonies of its primary food source, the harvester ant (Pogonomyrmex spp.), during clearing and construction.

Construction activities and heavy machinery may adversely affect smaller, low-mobility species, particularly amphibians, reptiles, and small mammals. Of the terrestrial state-listed species which may occur in the project area, the alligator snapping turtle, timber rattlesnake, and Texas horned lizard are more at risk for being impacted by construction activities than other state-listed terrestrial species due to their limited mobility and the occurrence of suitable habitat within the project area. The limited mobility and the hibernation practices of these species affects their ability to escape from the path of machinery.

Recommendation: TPWD recommends reduced speed limits be established in areas of suitable habitat for alligator snapping turtle, timber rattlesnake, and Texas horned lizard. These species are slow-mowing and cannot reasonably be expected to escape vehicles and other moving equipment. Reduced speeds


would allow vehicle/equipment operators increased ability to see these state-listed threatened species in the area, and to avoid harming them.

Recommendation: TPWD recommends avoiding disturbance to state-listed species during clearing, construction, operation, and maintenance of the proposed transmission line and associated ROW. TPWD recommends a biological monitor be present during construction to assist in detecting state-listed species in the ROW, especially in areas of suitable habitat including riparian woodlands, bottomland forest, and upland forest. For purposes of relocation, surveys, monitoring, and research, terrestrial state-listed species may only be handled by persons permitted through the TPWD Wildlife Permits Office.

Recommendation: A mixture of cover, food sources, and open ground is important to wildlife. TPWD recommends revegetating disturbed areas within suitable habitat with site-specific native, patchy vegetation rather than sod-forming grasses.

Aquatic species

Within Texas, the blue sucker is known from large rivers, as well as the lower reaches of major tributaries. Generally, this species occupies channels and flowing pools with moderate current. Within these water bodies, the blue sucker is associated with firm substrates such as exposed bedrock, hard clay, sand, and gravel. Adults overwinter in deep pools, and in spring move upstream to spawn on riffles.

Freshwater mussels are one of the most imperiled groups of animals in the U.S. Texas hosts more than 50 species of native freshwater mussels; fifteen freshwater mussel species are state listed as threatened in Texas. Populations of these invertebrates have declined precipitously across North America and Texas. Most species are very sensitive to disturbance due to their sedentary behavior and dependence upon good water quality. Habitat alteration and loss, illegal and over-harvesting, and competition from introduced species are some of the factors in their decline.

Recommendations: TPWD recommends use of BMPs for riparian areas to minimize impacts on mussels and blue sucker (as well as all fish species which may serve as the mussels larval hosts). BMPs should include measures such as spanning water features, avoiding construction during fish and mussel spawning periods, and use of double silt fences and doubling soil stabilization measures along the banks to avoid increasing the turbidity of the creek. If mussel populations are present within the limits of the proposed project area, those populations should be protected from disturbance to the greatest extent


possible. TPWD recommends review and implementation of strategies discussed in the above State Law: Aquatic Resources section and prior TPWD project correspondence (November 2017) in Appendix A of the EA regarding aquatic resources and Clean Water Act compliance.

Recommendation: TPWD recommends LCRA survey the approved route to determine the potential of the site to support the aforementioned state-listed species or their habitat. Surveying the route prior to construction will provide an opportunity to adequately plan to avoid or minimize impacts to state-listed species. Please be aware that species not occurring during site surveys may utilize the habitat within the project area at times beyond those during which the survey was conducted, such as daily or seasonal activity cycles.

Recommendation: To aid in the scientific knowledge of a species status and current range, TPWD encourages reporting encounters of state-listed species (as well as rare species and federally-listed species) to the TXNDD according to the data submittal instructions found at the TPWD Texas Natural Diversity Database: Submit Data webpage.

Rare Species

In addition to state- and federally-protected species, TPWD tracks special features, natural communities, and rare species that are not listed as threatened or endangered. These species and communities are tracked in the TXI\IDD, and TPWD 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 and preclude the need to list as threatened or endangered in the future.

A review of TXNDD information, RTEST, and recent aerial photographs indicates that suitable habitat may be present within the study area for the following rare species and that these species could potentially be impacted by project activities:

• Henslow's sparrow (Ammodramus henslowii) • Sprague's pipit (Aanthus spragueii) • western burrowing owl (Athene cunicularia hypugaea) • plains spotted skunk (Spilogale putorius interrupta) • southern crawfish frog (Lithobates areolatus areolatus) • branched gay-feather (Liatris cymosa) • Florida pinkroot (Spigelia texana) • Mohlenbrock's sedge (Cyperus grayioides)* • Park's jointweed (Polygonella parksii) • Texas cornsalad (Valerianellaflorifera)


• Texas sunnybell (Schoenolirion wrightii) • Texas sandmint (Rhododon ciliatus) • Tree dodder (Cuscuta exaltata)

*documented by TXNDD within the study area

The TXNDD is intended to assist users in avoiding harm to rare species or significant ecological features. Please note that the absence of TXNDD information in an area does not imply that a species is absent from that area. 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. 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 presence, 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. This information cannot be substituted for field surveys. Since the TXNDD is updated continuously and as the project progresses, and for future projects, please request the most current and accurate information for proposed project areas at the following email, [email protected].

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.

Recommendation: TPWD recommends LCRA assess the corridor of the PUC-selected alternative route for suitable habitat for the above-listed rare species and avoid adverse impacts to them, if found. Please review current TXNDD data and the TPWD RTEST online county list for Burleson County for rare species that may occur within the project area depending upon potential suitable habitat availability. If during construction, the project area is found to contain rare species, natural plant communities, or special features, TPWD recommends that precautions be taken to avoid impacts to them.

Recommendation: If encountered during construction, measures should be taken to avoid impacting any wildlife or rare plants.


Invasive Species

The EA does not address invasive species or make commitments to implement BMPs aimed at their prevention or management. The proposed project area is susceptible to colonization by a variety of invasive species of terrestrial plants. These plants often outcompete native plant species and establish monocultures, making the area less beneficial for wildlife and people and lowering aesthetic value of an invaded area. Invasive species of particular concern are giant reed (Arundo donax), bermudagrass (Cynodon dactylon), Johnson grass (Sorghum halepense), King Ranch bluestem (Bothriochola ischaemum var. songarica), Japanese honeysuckle (Lonicera japonica), Chinese tallow (Triadica sebifera), chinaberry (Melia azedarach), heavenly bamboo (Nandina domestica), glossy privet (Ligustrum lucidum), Japanese privet (L. japonicum) and Chinese privet (L. sinense).

Recommendation: TPWD recommends LCRA establish sanitation procedures to prevent the spread of invasive terrestrial plants. TPWD recommends such a plan include the following measures to minimize invasive plant spread: 1) Inspect the site for infestation prior to operations. 2) Avoid driving vehicles, mowers, all-terrain vehicles, or spray equipment through infestations in seed or fruit. 3) Brush and wipe all seeds and debris from clothes, boots, socks, and personal protective equipment. 4) Clean motorized equipment, especially the undercarriage and tire surfaces. 5) Cover loads or bag cut invasive plants before transport.

Recommendation: TPWD recommends LCRA avoid utilizing invasive species in seed mixes or plantings for revegetation or soil stabilization purposes. More information and resources regarding revegetation and restoration with native plants may be found at TPWD's Wildlife Habitat Assessment Program: Planning Tools and Best Management Practices webpage and at the Pollinator Partnership Planting Guides webpage.

The zebra mussel (Dreissena polymorpha), a highly invasive aquatic species, has been documented in Texas lakes including lakes in the Red River Basin, Trinity River Basin, and Brazos River Basin. The zebra mussel larvae and post-larval forms are known to spread between waters via contaminated equipment, and post-larval forms can survive several days out of water before being carried to other waters. Post-larval zebra mussels attach to hard surfaces, such as boats, intake structures and piers. The larvae, called veligers, are microscopic and are visually undetectable, thus they are unknowingly carried to other waters via live wells, bait buckets, scuba equipment, and anything that carries small amounts of water.

Statewide rules have been enacted per TAC Title 31, Part 2, Chapter 57, Subchapter N that requires persons leaving or approaching public fresh water to drain all water

Sincerely

Vocl. el Lan Wildlife Habitat Assessment Program Wildlife Division


from their vessels and on-board receptacles (includes live wells, bilges, motors and any other receptacles or water-intake systems coming into contact with public waters). This rule applies to all sites where boats can be launched and includes all types and sizes of boats whether powered or not, personal watercraft, sailboats, kayaks/canoes, or any other vessel used to travel on public waters. Furthermore, per TAC Title 31, Part 2, Chapter 57, Subchapter A, it is an offense for any person to possess, transport, or release into the water of this state any species, hybrid of a species, subspecies, eggs, seeds, or any part of any species defined as a harmful or potentially harmful exotic fish, shellfish, or aquatic plant. This rule applies not only to zebra mussels (live or dead) and their larvae, but also to any species (or fragments thereof) designated as harmful or potentially harmful under this subchapter (e.g., giant salvinia, hydrilla, Eurasian watermilfoil).

Recommendation: If equipment comes in contact with inland streams or water bodies during construction, such as at temporary crossings„ and in order to minimize the risk of transporting zebra mussels or other aquatic invasive species on construction equipment and materials, TPWD recommends LCRA review and adhere to the TPWD Clean/Drain/Dry Procedures and Zebra Mussel Decontamination Procedures for Contractors Working in Inland Public Waters for equipment and materials entering or leaving waters at the project site. The procedures can be obtained at TPWD's Wildlife Habitat Assessment Program: Planning Tools and Best Management Practices webpage.

Thank you for considering potential impacts to Texas wildlife and natural resources during project planning. Please contact me at (361) 412-9012 or [email protected] if you have any questions.

RL:jn 40135

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cc: Justin Stryker, LCRA

Cont ol Number: 48358 Ill 111 11 111 1111 Item Number: 137 … · 2019. 4. 30. · study area for...

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