Attachment_1_-_PWS_docx_-_Revised_Amd_01__0001.docx

RFQ No. 140R3023Q0014 Attachment 1 Performance Work Statement Three Links Farm Conservation Easement Management and Monitoring

BACKGROUND

In September 2003 Reclamation acquired an easement 17-miles north of the city of Benson on 1,420 acres of the Three Links Farm owned by The Nature Conservancy (TNC) (Figure 1). The acquisition of the easement is a result of the construction of the Central Arizona Project (CAP) Canal. The CAP was declared substantially complete on September 30, 1993, for the delivery of Colorado River water to central and southern Arizona. Concern over impacts from CAP operations on native fish in Arizona resulted in Reclamation consulting with the U.S. Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act. The FWS issued a final biological opinion (BioOp) on the delivery of CAP water to the Gila River Basin (FWS 1994). The BioOp concluded that operation of the CAP would jeopardize the existence and adversely modify critical habitat of several federally listed native fish. The 2001 CAP BioOp enumerated several conservation measures that, if implemented, would remove jeopardy to listed species (FWS 2001). The most prominent recommendation of those conservation measures was an enhanced version of the 1994 BioOp's Reasonable Prudent Alternative that obligates Reclamation to construct fish barriers at several locations within the Gila River Basin. In October 2002, Reclamation submitted a Clean Water Act Section 404 permit application to the U.S. Army Corps of Engineers for activities associated with construction, operation, and maintenance of the fish barrier project. The multiplicity of sites and long-term commitment for construction led to a decision by Reclamation to mitigate impacts for all the barriers upfront by acquiring a conservation easement at 3 Links Farm.

PURPOSE AND OBJECTIVES/BENEFITS

Reclamation's easement will preserve and protect, in perpetuity, the open space and natural features of the 1,420 acres, in particular the riparian habitat. Reclamation, through enforcement of the Deed of Conservation Easement (Easement 2003) will: 1) Reduce ground-water pumping by approximately 90%, 2) restrict development in the upland habitat to specific 10-acre parcels within each subdivided parcel, and 3) prohibit among other things, cattle grazing, wood cutting, vehicular traffic and development within a designated 300-acre riparian corridor along the San Pedro River.

CONTRACTOR RESPONSIBILTIES

The contractor shall provide operation and maintenance activities that include compliance monitoring and maintenance of the Easement (Figure 1) and maintain communication with Reclamation and three landowners. Successful management of the Easement will be achieved by completing the following responsibilities. Additional details on what is permitted and not permitted can be found within the Deed of Conservation Easement.

1) Provide a biological technician level employee that would function as an Easement manager and provide other support staff as needed.

2) Monitor compliance with the Easement restrictions in the Riparian Management Zone (RMZ), Residential and Agricultural Zone, and Upland Zone. Monitoring shall be done in accordance with the Deed of Conservation Easement (2003).

a. Shall occur two (2) times per week, biweekly and includes the following:

1) Monitoring the RMZ and the RMZ perimeter fence and gates with damaged sections repaired, 2) Monitor, document, and report unauthorized vehicles within the RMZ, and 3) Monitor, document, and report all other activities in all three zones not in compliance with the Easement such as the dumping of toxic materials, prohibited vegetation conversion, damage, or removal, construction of structures, or trespass cattle. Report information via electronic communication with Reclamation. Notify Reclamation within 48 hours of noncompliance activity. Non-compliance activity should also be documented within the biannual and annual report.

b. Monitoring of the RMZ is prioritized but the focus of future monitoring efforts can be redirected by the COR.

3) Monitor stream flows and perform hydrology readings on each well and monitoring water use compliance.

a. Stream flow monitoring is scheduled between September to April with dates determined by the availability of the SonTek Flow Tracker device or other model which is shared among multiple The Nature Conservancy (TNC) conservation properties.

b. Install Government furnished flow meters if requested by Reclamation and monitor flowmeters quarterly on all residences, outbuildings, and irrigation lines.

c. Monitor the depth to static water level in retired wells and piezometers quarterly within the RMZ. There are nine wells, and some are more accessible by road than others. While some are partially accessible by road but also require access by foot for some distance. Below is a map of well and stream flow locations (Figure 3).

d. Coordinate with local TNC staff when needed.

4) The contractor shall conduct biennial photo monitoring between February 15th to April 15th and before trees’ leaf-out. The biennial photo monitoring shall be incorporated within the biannual report. The next photo monitoring is scheduled for 2024.

5) Maintain communications with landowners and Reclamation.

a. Establish a cooperative working relationship with three landowners.

b. Provide landowners with information such as water use and flowmeter readings.

c. Reclamation will be the primary contact with landowners for maintaining communication and resolving conflicts, disputes, and easement compliance issues.

d. Maintain monthly communication with the Reclamation COR by email or phone one time a month and more when necessary.

6) All requests for access for status surveys, monitoring, or research shall be directed to Reclamation.

7) Coordinate the removal of trespass cattle and other agricultural livestock.

a. Cattle and other agricultural livestock may be baited into existing traps, maneuvered by horses, dogs or removed via devised, Reclamation-approved methods. The cattle trap must be monitored daily when in use. The contractor shall be responsible for supplying the trap with hay and water. The contractor shall be responsible for contacting neighboring landowners or the Brand Inspector and making all arrangements for disposition of trespass cattle. The lawful owner should be contacted to retrieve their cattle. Trespass cattle must be controlled sufficiently to avoid escape prior to transportation through adjacent property.

8) Report the discovery and spread of non-native wildlife and/or spread of invasive plant species.

9) Document and photograph noncompliance with the terms of the Deed of the Conservation Easement and notify Reclamation within 48 hours of violations. The primary point of contact for reporting violations is the Reclamation appointed Wildlife Biologist. Reclamation will notify the contractor in writing of the Wildlife Biologist assigned to management of the Easement. The Easement manager will be notified by phone or email if the primary point of contact for Reclamation changes.

MAINTENANCE

The contractor shall be responsible for the monitoring and repairs to, or replacement of approximately 45,336 feet (8.5 miles) of wildlife friendly four stranded smooth and barb wire fence of the RMZ. This includes the monitoring and repair to both river-gap fence crossings at the northern and southern crossings on the San Pedro River, and when needed the Red Rock Canyon cattle gap. The southern river-gap fence is a key crossing that when down from flood events can result in trespass cattle entering the RMZ. Any down sections must be repaired following a design modification to Figure 2. Wildlife friendly fencing standards require smooth wire utilized for the bottom strand and barbed wire for the top three strands. The four strands of wire shall be placed as close as possible to the dimensions identified within Figure 2. Damaged and downed sections of the RMZ fence line that are classified as minor repairs shall be repaired on the day of discovery. The river-gaps which are a component of the RMZ fence line shall be repaired on the day of discovery or when conditions following high-flow or storm events are suitable for repairs. The number and location of all fence repairs shall be documented and reported within the biannual and annual report.

Minor Repairs: Minor fence repairs of barbed and smooth wire, of up to 6 occurrences per year and no greater than 36 feet each or 216 feet total, shall be conducted as part of normal maintenance and shall be conducted on the day of discovery.

Major Repairs: Major fence repairs shall be conducted as needed and include sections of barbed and smooth wire greater than 36 feet. If feasible a fallen section of barbed and smooth wire fencing should be temporarily re-erected till replacement has been authorized.

River-Gap Repairs: Fence repairs of barbed and smooth wire, of up to 30 times per year for both the northern and southern river crossings. River-gap fence repairs are not restricted by their width, but repairs on the north gap may average 20 feet and the south gap may average 35 feet. At times the repairs could be greater because of the variation in severity of flood events.

Routine fence clearing is not a requirement, but locations along the fence line where it is identified that vegetation poses an immediate and near future risk to its integrity should be cleared. Trimming should be minimized and where possible, trim tree branches rather than remove the entire tree. All cut vegetation must be placed a minimum 15-feet from the fence line. When necessary, small trees (< 5-inch trunk diameter) and shrubs should be removed from the fence line ROW. Do not remove any trees with a trunk diameter of ≥ 5 inches without prior approval of the COR. All cut vegetation must be placed a minimum 15 feet from the fence line. Cleared vegetation (small branches and bushes) may be piled in small (< 4ft) high piles. Cut vegetation shall not be left adjacent to the fence. Fallen trees shall be cut into lengths, no longer than 6 feet, and again placed a minimum of 15 feet from the fence line. Logs should not be stacked but dispersed randomly. Trees shall not be used as supports, posts, or braces for the fences or gates.

The contractor shall furnish all materials for repair of the fences and gates. This includes posts, wire, cement, sand coarse aggregate, reinforcement and all necessary hardware and accessories for a complete installation and repair. All damaged fence material shall be removed unless otherwise authorized by the COR. The wire, posts and all other material removed shall become property of the contractor and removed from the property and disposed of at an appropriate landfill. Mechanical clearing (other than chainsaws) of vegetation is not permitted. Vegetation clearing shall be limited to hand clearing methods only.

Reclamation shall be notified, and approval granted by the COR prior to initiation of major repairs. Digital images of the major repair areas shall be recorded and sent to Reclamation. Major fence repairs shall be priced per foot and shall be initiated no later than 72 hours after the incident is discovered and Reclamation has been notified of and has approved of the needed repairs. Major fence replacement and repairs shall be completed within a reasonable timeframe. Authorization to proceed with the repairs will be compared with the per-foot rate of Major Repairs established in any resulting award.

CATTLE/LIVESTOCK TRESPASS

The contractor shall be responsible for the removal of trespass cattle/livestock from the RMZ, using humane and non-lethal means. Reclamation shall be notified immediately if trespass livestock, or signs of livestock, are observed. The contractor shall be responsible for setting the existing trap on Parcel 5 and baiting the livestock for up to 30 days via use of dogs or other contractor devised and Reclamation approved methods. A corral on Parcel 4 can also be temporarily modified for use as a cattle trap. The cattle trap must be monitored daily when in use. The contractor shall be responsible for supplying the trap with hay and water and coordinating with the parcel landowner. The contractor shall be responsible for contacting the Brand Inspector and making all arrangements for disposition of trespass cattle/livestock. Livestock may be returned to the lawful owner if they are branded. Trespass livestock must be confined within a stock trailer or other vehicle sufficiently secured to avoid escape.

SUBMITTALS

The contractor shall submit to Reclamation, a mid-year report (January – June) and an annual report (January – December). The mid-year and annual report shall provide information on hydrology monitoring within the RMZ, residential water use, rainfall, fence maintenance, research and monitoring, conflicts, trespass, violations to the Easement, and other relevant information important to the management of the Easement. The mid-year and annual report shall be submitted within 30 days of the reporting period ending June 30 and December 31.

The biannual and annual report shall be developed with the following pages and sections.

1) Cover page

2) Table of Contents

3) Three Links Farm Background

4) Riparian Management Zone

a. General Conditions

b. Biological Surveys

c. Tresspass livestock

d. Fence Repairs and Maintenance

e. Other

5) Monitoring

a. Precipitation

b. Streamflow

c. Groundwater

6) Residential Parcels

a. Parcel 3

i. Water Use

ii. Compliance

iii. Landowner communication

iv. Other

b. Parcel 4

c. Parcel 5

7) Outreach and Communications

8) Photo monitoring (biennial years)

9) Records and note taking from monitoring (2XMonthly)

CITATIONS

FWS (U.S. Fish and Wildlife Service). 1994. Biological Opinion on Transportation and Delivery of Central Arizona Project Water to the Gila River Basin (Hassayampa, Agua Fria, Salt, Verde, San Pedro, Middle and Upper Gila Rivers and Associated Tributaries) in Arizona and New Mexico and its Potential to Introduce and Spread Nonnative Aquatic Species. Phoenix, Arizona.

FWS (U.S. Fish and Wildlife Service). 2001. Revised Biological Opinion on Transportation and Delivery of Central Arizona Project Water to the Gila River Basin (Hassayampa, Agua Fria, Salt, Verde, San Pedro, Middle and Upper Gila Rivers and Associated Tributaries) in Arizona and New Mexico and its Potential to Introduce and Spread Nonnative Aquatic Species. Phoenix, Arizona.

Easement (Deed of Conservation Easement). 2003. Contract Number 03-LA-32-3481.

Figure 1. Aerial image of the 3 Links Conservation Easement and the three delineated management zones.

Parcel 5 Parcel 4 Parcel 3

Figure 2. The modified wildlife friendly fencing design that shall incorporate smooth wire for the bottom strand and barbed wire for the top three strands. The spacing between the strands that is identified within the graphic shall also be incorporated into the design and future repairs.

Figure 3. Location of the wells in relation to the different easement zones.

Performance Requirement Summary (PRS)

(Task: 1) Provide an Easement Manager and other support staff as needed

Negative: Negative Past Performance and Re-performance of Work.

(Task: 2) Monitor compliance with easement restrictions

Negative: Negative Past Performance and Re-performance of Work.

(Task 3) Monitoring stream flows and hydrology readings

Negative: Negative Past Performance and Re-performance of Work.

(Task 4) Conduct biennial photo monitoring

(Task 5) Maintain communication with Reclamation and land owners

(Task 6) Requests for access is directed to Reclamation

Negative: Negative Past Performance

(Task 7) Removal of trespass cattle or other agricultural livestock

(Task 8) Report the discovery of non-native wildlife and/or invasive plant species

(Task 9) Document and photograph noncompliance with the terms of the Deed of Conservation Easement

(Task 10) Development of biannual and annual report

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