Common use of Habitat Analysis and Characterization of Project Study Area Clause in Contracts

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- way or easements shall include the following:  Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  Height of trees (range), if present,  Diameter at Breast Height (DBH) of trees (range and average), if present,  Percent canopy cover of trees, if present,  Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  Any vegetation, broken down by plant community (as above),  Unusual vegetation features (as above),  Special habitat features (as above),  Habitat for any protected species (as above),  Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. DocuSign Envelope ID: F4888AB1-5DA1-49AB-A751-51413985E885 o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- way or easements shall include the following:  Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  Height of trees (range), if present,  Diameter at Breast Height (DBH) of trees (range and average), if present,  Percent canopy cover of trees, if present,  Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  Any vegetation, broken down by plant community (as above),  Unusual vegetation features (as above),  Special habitat features (as above),  Habitat for any protected species (as above),  Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  ▪ The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  ▪ The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  DocuSign Envelope ID: 5A2DC6EC-64DB-4A02-A984-B96FAAFF8279 PeopleSoft Contract No. 7490 Legacy Contract No. 12-7IDP5009 ▪ The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  ▪ The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  ▪ The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  ➢ Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  ➢ Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- of-way or easements shall include the following:  ▪ Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  ▪ Height of trees (range), if present,  ▪ Diameter at Breast Height (DBH) of trees (range and average), if present,  ▪ Percent canopy cover of trees, if present,  ▪ Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  ▪ Any vegetation, broken down by plant community (as above),  ▪ Unusual vegetation features (as above),  ▪ Special habitat features (as above),  ▪ Habitat for any protected species (as above),  DocuSign Envelope ID: 5A2DC6EC-64DB-4A02-A984-B96FAAFF8279 PeopleSoft Contract No. 7490 Legacy Contract No. 12-7IDP5009 ▪ Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  ▪ The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  ▪ The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  ▪ The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  ▪ The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  ▪ The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  ⮚ Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  ⮚ Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all DocuSign Envelope ID: E7DAA847-BF7C-44E6-B32B-712DD5062C72 alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- of-way or easements shall include the following:  ▪ Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  ▪ Height of trees (range), if present,  ▪ Diameter at Breast Height (DBH) of trees (range and average), if present,  ▪ Percent canopy cover of trees, if present,  ▪ Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  ▪ Any vegetation, broken down by plant community (as above),  ▪ Unusual vegetation features (as above),  ▪ Special habitat features (as above),  ▪ Habitat for any protected species (as above),  ▪ Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688FEE70723-319D-4340A887-876F4BCC-92B5-E11B399F9D4B 33508013EFFC proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- way or easements shall include the following:  Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  Height of trees (range), if present,  Diameter at Breast Height (DBH) of trees (range and average), if present,  Percent canopy cover of trees, if present,  Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  Any vegetation, broken down by plant community (as above),  Unusual vegetation features (as above),  Special habitat features (as above),  Habitat for any protected species (as above),  Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall must be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  The habitat description shall must indicate the vegetative type(s) listed for the study area in the 2013 MOU.  The habitat description shall must include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  The habitat description shall must describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  The description shall must be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  Maps and aerial photos shall must be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  Photographs shall must illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall must be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall must be included in the description to clearly explain the differences in DocuSign Envelope ID: 9EFC6FE2-229E-4628-90C6-20E86398200F vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall must address the entire study area. For projects with multiple alternatives, all alternatives shall must be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall must be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall must be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall must be described. In addition, the description of vegetation in the new right-of- of-way or easements shall must include the following:  Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  Height of trees (range), if present,  Diameter at Breast Height (DBH) of trees (range and average), if present,  Percent canopy cover of trees, if present,  Acreage for each vegetation type present. o The habitat analysis shall must contain a description of anticipated impacts to the following:  Any vegetation, broken down by plant community (as above),  Unusual vegetation features (as above),  Special habitat features (as above),  Habitat for any protected species (as above),  Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall must be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  ▪ The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  ▪ The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  ▪ The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  ▪ The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  ▪ The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  ⮚ Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  ⮚ Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- of-way or easements shall include the following:  ▪ Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  ▪ Height of trees (range), if present,  ▪ Diameter at Breast Height (DBH) of trees (range and average), if present,  ▪ Percent canopy cover of trees, if present,  ▪ Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  ▪ Any vegetation, broken down by plant community (as above),  ▪ Unusual vegetation features (as above),  ▪ Special habitat features (as above),  ▪ Habitat for any protected species (as above),  ▪ Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall must be based on the most current State and TPWD MOU Memorandum of Understanding With Natural Resources Agencies and associated Programmatic AgreementsMemorandum of Agreement Between State and TPWD for Finalization of 2013 MOU, Concerning Habitat Descriptions and Mitigation. o  For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  o The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU0000 XXX.  o The habitat description shall must indicate the vegetative type(s) listed for the study area in the 2013 MOU.  o The habitat description shall must include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  o The habitat description shall must describe habitat for protected species if such habitat DocuSign Envelope ID: 561C61B0-0796-4EF9-913A-E2D2252E0890 occurs within or adjacent to the right-of-way.  o The description shall must be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.   Maps and aerial photos shall must be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.   Photographs shall must illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall must be provided when available. o  If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall must be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall must address the entire study area. For projects with multiple alternatives, all alternatives shall must be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall must be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall must be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall must be described. In addition, the description of vegetation in the new right-of- of-way or easements shall must include the following:  o Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  o Height of trees (range), if present,  o Diameter at Breast Height (DBH) of trees (range and average), if present,  o Percent canopy cover of trees, if present,  o Acreage for each vegetation type present. o  The habitat analysis shall must contain a description of anticipated impacts to the following:  o Any vegetation, broken down by plant community (as above),  o Unusual vegetation features (as above),  o Special habitat features (as above),  o Habitat for any protected species (as above),  DocuSign Envelope ID: 561C61B0-0796-4EF9-913A-E2D2252E0890 o Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all DocuSign Envelope ID: 32531276-D54D-42BA-B8CD-1FFE51D0946F alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- of-way or easements shall include the following:  Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  Height of trees (range), if present,  Diameter at Breast Height (DBH) of trees (range and average), if present,  Percent canopy cover of trees, if present,  Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  Any vegetation, broken down by plant community (as above),  Unusual vegetation features (as above),  Special habitat features (as above),  Habitat for any protected species (as above),  Any other habitat feature identified by and considered to be important to the State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the Engineer’s Technical Expert believes that the State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the State, and the Engineer’s Technical Expert and the State shall negotiate an appropriate level of description of anticipated impacts.

Habitat Analysis and Characterization of Project Study Area. The Engineer ENGINEER shall perform an analysis and characterization of habitat and habitat impacts for the study area and documented on the Biological Evaluation Form. The habitat analysis shall be based on the most current City and/or State and TPWD MOU and associated Programmatic Agreements. o For transportation activities involving no new right-of-way or easements, including temporary easements, this includes:  The habitat descriptions of habitat types (e.g., forested, prairie, riparian, floodplain, rangeland, agricultural) in the study area are based upon the 2013 MOU.  The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU.  The habitat description shall include a description of the existing vegetation within and adjacent to the right-of-way, as per the 2013 MOU.  The habitat description shall describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way.  The description shall be supplemented with topographic maps (based on USGS 7.5' maps, aerial photos, on-site photographs and per the 2013 MOU.  Maps and aerial photos shall be annotated to indicate the locations and areas of distinct vegetative types if any have been identified during field inspections.  Photographs shall illustrate representative vegetation for each vegetation type. Aerial photographs (with dates) shall be provided when available. o If the vegetation within the right-of-way does not match the description as per the 2013 MOU or if there is an unusual difference between the vegetation in the right-of-way and outside the right-of-way, details shall be included in the description to clearly explain the differences in vegetative content between the existing vegetation and the 2013 MOU 4) For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description shall address the entire study area. For projects with multiple alternatives, all alternatives shall be described to the same level of detail. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources shall be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) shall be included. Land use within and outside the DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of- of-way or easements shall include the following:  Dominant Species for each vegetation stratum (i.e., tree, shrub, vine, herbaceous [grass and forbs]) present,  Height of trees (range), if present,  Diameter at Breast Height (DBH) of trees (range and average), if present,  Percent canopy cover of trees, if present,  Acreage for each vegetation type present. o The habitat analysis shall contain a description of anticipated impacts to the following:  Any vegetation, broken down by plant community (as above),  Unusual vegetation features (as above),  Special habitat features (as above),  Habitat for any protected species (as above),  Any other habitat feature identified by and considered to be important to the City and/or State’s District. Note: The description of anticipated impacts shall be based on impacts that can be predicted as a result of construction activities and the kind(s) of facility proposed for the Transportation Activity. If the EngineerENGINEER’s Technical Expert believes that the City and/or State has not provided sufficient engineering and other data to support a description of anticipated impacts, notify the City and/or State, and the EngineerENGINEER’s Technical Expert and the City and/or State shall negotiate an appropriate level of description of anticipated impacts.