Common use of Threatened or Endangered Species Clause in Contracts

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013) and USFWS survey protocols The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪ All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013.) and USFWS survey protocols The Engineer shall: o : 1) Perform surveys of protected species or habitat of protected species. This shall include: ▪ : a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ , b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ , c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ , d) Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS. 2) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o . 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o DocuSign Envelope ID: F9E4AA24-4672-4529-8EFA-00D1CA218520 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o . 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o . 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o . 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o . 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o . 9) Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o . 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013.) and USFWS survey protocols The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪ All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed DocuSign Envelope ID: 5A2DC6EC-64DB-4A02-A984-B96FAAFF8279 PeopleSoft Contract No. 7490 Legacy Contract No. 12-7IDP5009 assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013.) and USFWS survey protocols The Engineer shall: o : 1) Perform surveys of protected species or habitat of protected species. This shall include: ▪ : a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ , b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ , c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ , d) Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS. 2) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o . 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o DocuSign Envelope ID: 77A45C0A-6CA6-4436-AA61-FD6DAA5DDC8C 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o . 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o . 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o . 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o . 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o . 9) Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o . 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013.) and USFWS survey protocols The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪ All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129E7DAA847-218F-4A62BF7C-44E6-86EE-68C3C135A630 B32B-712DD5062C72 ▪ Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0Karst Zones 1, 2, 3, and 4, a karst invertebrate habitat survey shall be performed, and must be signed and sealed by a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129E7DAA847-218F-4A62BF7C-44E6-86EE-68C3C135A630 B32B-712DD5062C72 o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure verify proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences Impacts of the Proposed Project section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013) With Natural Resources Agencies and USFWS survey protocols Memorandum of Agreement Between State and TPWD for Finalization of 2013 MOU. The Engineer shall: o : 1) Perform surveys of protected species or habitat of protected species. This shall include: ▪ : a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ , b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ , c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ , d) Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS. 2) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in DocuSign Envelope ID: 4154F7E6-47C6-48AD-BA70-902BFE5F00DC the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o . 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o . 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o . 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o . 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o . 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o . 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o . 9) Furnish the State with completed Biological Evaluation Form and the Engineer’s Technical Expert’s field notes. o . 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013) and USFWS United States Fish and Wildlife Service (USFWS) survey protocols protocols. The Engineer shall: o • Perform surveys of protected species or habitat of protected species. This shall include: ▪ o All species listed by the United States Fish and Wildlife Service (USFWS) USFWS as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪ o All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ o Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ o Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o • Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, Database (TXNDD) following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o • Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, evidence and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o • Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o • Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o • Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o • Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o • Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o • Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o • Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State. DocuSign Envelope ID: AAC8E920-9951-40B4-B77C-DDDA5AE10FF9 b. 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 (BEF). The habitat analysis shall be based on the most current State and TPWD MOU and associated Programmatic Agreements. • 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 0000 XXX. o The habitat description shall indicate the vegetative type(s) listed for the study area in the 2013 MOU. o The habitat description shall 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 describe habitat for protected species if such habitat occurs within or adjacent to the right-of-way. o 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. • 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 0000 XXX). • For transportation activities involving new right-of-way or easements, including temporary easements, the habitat description must address the entire study area. If lack of access to the new location right-of-way limits field observation for the habitat description, existing published sources must be used to provide an estimate. All elements of description required for projects with no new right-of-way (above) must be included. Land use within and outside the proposed right-of-way shall be described. In addition, the description of vegetation in the new right-of-way or easements 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. • The habitat analysis shall 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), 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. c. Survey Reports and Habitat Analyses included in the appendices of the Biological Assessment (BA) must follow all guidelines and requirements as specified by the TxDOT Environmental Compliance Toolkits. DocuSign Envelope ID: AAC8E920-9951-40B4-B77C-DDDA5AE10FF9 d. The Engineer may need to produce a Biological Assessment (BA) based on potential impacts to defined critical habitat for federally-listed species. BAs are only required for "major construction activities," which are Federal actions that may significantly affect the quality of the human environment as referred to in the National Environmental Policy Act of 1969. The purpose of a BA is to evaluate the potential effects of the action on listed and proposed species and designated and proposed critical habitat and determine whether any such species or habitat are likely to be adversely affected by the action.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding with Natural Resources Agencies and Memorandum of Agreement Between State and TPWD (MOU Effective 2013) and USFWS survey protocols 2013 MOU). The Engineer shall: o : 1) Perform surveys of protected species or habitat of protected species. This shall include: ▪ : a) All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR §17.11-12), ▪ , b) All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪ , c) Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪ , d) Species protected by the Migratory Bird Treaty Act (50 CFR §10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪ For projects located within United States Fish and Wildlife Service (USFWS. 2) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o . 3) Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o . 4) Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o . 5) Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR §17.94-95) and rare species. o . 6) Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o DocuSign Envelope ID: B8DCCCD3-A0B3-4BAD-BC2D-75E46611CBD6 7) Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o . 8) Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o . 9) Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o . 10) Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer ENGINEER shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current City and/or State and TPWD Memorandum of Understanding (MOU Effective 2013.) and USFWS survey protocols The Engineer ENGINEER shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪  All species listed by the United City and/or States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the City and/or State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪  For projects located within United City and/or States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0Karst Zones 1, 2, 3, and 4, a karst invertebrate habitat survey shall be performed, and must be signed and sealed by a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o It is not anticipated that the Project will provide habitat for Threatened and Endangered Species. Should habitat be present or Threatened and Endangered Species individuals are identified in the project area, the following tasks would be provided under a supplemental agreement: o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all stateCity and/or State-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the City and/or State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the EngineerENGINEER’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the City and/or State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o Furnish the City and/or State with completed Biological Evaluation Form and EngineerENGINEER’s Technical Expert’s field notes. o Coordinate between the City and/or State and USFWS or TPWD as directed by the City and/or State to ensure verify proper rules, regulations and policies are followed for biological services. All coordination between the EngineerENGINEER’s Technical Expert and resource agencies shall be approved in advance by the City and/or State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013.) and USFWS survey protocols The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪  All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 8168012932531276-218F-4A62D54D-42BA-86EE-68C3C135A630 ▪ B8CD-1FFE51D0946F  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪  For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a karst invertebrate habitat survey shall be performed, and must be signed and sealed by a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 8168012932531276-218F-4A62D54D-42BA-86EE-68C3C135A630 B8CD-1FFE51D0946F o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure verify proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) DocuSign Envelope ID: FEE70723-A887-4BCC-92B5-33508013EFFC The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013) and USFWS survey protocols The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪  All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪  For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence DocuSign Envelope ID: FEE70723-A887-4BCC-92B5-33508013EFFC survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013) and USFWS survey protocols protocols. The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall must include: ▪ DocuSign Envelope ID: 9EFC6FE2-229E-4628-90C6-20E86398200F  All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪  For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall must include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall must hold appropriate USFWS and TPWD permits at the time surveys are performed. DocuSign Envelope ID: 9EFC6FE2-229E-4628-90C6-20E86398200F o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall must be approved in advance by the State.

Threatened or Endangered Species. (This scope is for the corresponding section(s) as listed in the Affected Environment and Environmental Consequences section of the EA.) DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B The Engineer shall perform biological services. a. Surveys for Protected Species or Habitat of Protected Species based on the most current State and TPWD Memorandum of Understanding (MOU Effective 2013) and USFWS survey protocols The Engineer shall: o Perform surveys of protected species or habitat of protected species. This shall include: ▪  All species listed by the United States Fish and Wildlife Service (USFWS) as threatened or endangered or proposed for listing as threatened or endangered (50 CFR 17.11-12), ▪  All species that are candidates for review for listing by USFWS as threatened or endangered (per most recently updated list in Federal Register), DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 ▪  Species listed as threatened or endangered species or species of greatest conservation need (SGCN) by the State of Texas Threatened and Endangered Species Listings, Texas Park and Wildlife Department (TPWD), ▪  Species protected by the Migratory Bird Treaty Act (50 CFR 10.13) and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). ▪  For projects located within United States Fish and Wildlife Service (USFWS) Xxxxx Xxxxx 0, 2, 3, and 4, a Texas licensed Professional Geoscientist (P.G.) shall perform, sign, and seal the karst features survey. o Examine existing data to determine the likelihood that rare species, protected species, their habitat, or designated critical habitat (per 50 CFR §17.94-95) could be impacted by the Transportation Activity. Existing data shall include the Element Occurrence Identification (EOID) records of the TPWD Natural Diversity Database, following the Guidelines set forth in the most current version of TPWD’s Guidelines for TXNDD Data Analysis in TxDOT Environmental Documents. o Perform an effect determination pursuant to the Endangered Species Act (ESA) for all federally listed species. A determination of impact must be included for all state-listed species. The determination of effect and impact must be supported by evidence, and may require a detailed assessment. Any technical reports used to support the determination(s) must be referenced and provided to the State. o Determine whether critical habitat is present in the study area and whether the Transportation Activity will affect that critical habitat. o Perform species-specific habitat surveys, presence or absence surveys for protected species, or critical habitat (per 50 CFR 17.94-95) and rare species. o Conduct surveys for the presence or absence of protected species according to protocols adopted by USFWS and TPWD for all protected species for which such protocols have been established. o Personnel conducting presence or absence surveys for protected species shall hold appropriate USFWS and TPWD permits at the time surveys are performed. o Conduct presence or absence surveys during the time of the year appropriate for each species. If the Engineer’s Technical Expert believes that a work authorization to conduct a presence or absence DocuSign Envelope ID: B3F57688-319D-4340-876F-E11B399F9D4B survey does not adequately consider timing of the survey, notify the State as soon as the issue with the survey timing is recognized. DocuSign Envelope ID: 81680129-218F-4A62-86EE-68C3C135A630 o Furnish the State with completed Biological Evaluation Form and Engineer’s Technical Expert’s field notes. o Coordinate between the State and USFWS or TPWD as directed by the State to ensure proper rules, regulations and policies are followed for biological services. All coordination between the Engineer’s Technical Expert and resource agencies shall be approved in advance by the State.