ATTACH_1-_(A00004)TX_TIMR_BMPs.pdf

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APPENDIX E

Best Management Practices

The following are best management practices (BMPs) that are intended to mitigate potential impacts on natural resources, including vegetation, wildlife, migratory birds, threatened and endangered species, and water resources. It is the responsibility of all personnel performing maintenance to comply with the BMPs, unless otherwise noted. BMPs apply to all maintenance and repair activities (both waived and not waived regardless of in-house versus contracted work method) with one exception. The exception involves the waived areas where CBP will not apply for Clean Water Act (CWA) Section 404 permits or submit Stormwater Pollution and Prevention Plans (SWPPP) for regulatory review and approval. This provision is necessary in order tomaintain the integrity of waiver authority.

Land Use

1. The contracting officer’s technical representative (COTR) or Environmental Subject Matter Expert (ENV SME) will notify the land manager when there is a potential to temporarily or permanently disturb areas under management of another Federal agency.

Geology and Soil Resources

1. Silt fencing and floating silt curtains should be installed and maintained to prevent movement of soil and sediment and to minimize turbidity increases in water.

2. Implement routine road maintenance practices to avoid making wind rows with the soils once grading activities are complete and use any excess soils on site to raise and shape the road surface.

3. Only apply soil-binding agents during the late summer/early fall months to avoid impacts on federally listed species. Do not apply soil-binding agents in or near (within 100 feet) surface waters (e.g., wetlands, perennial streams, intermittent streams, washes). Only apply soil-binding agents to areas that lack any vegetation.

4. Obtain materials such as gravel, topsoil, or fill from sources that are compatible with the project area and are from legally permitted sites.

Vegetation

1. If mechanical methods are used to remove invasive plants, the entire plant should be removed and placed in a disposal area. If herbicides are used, the plants would be left in place. Herbicides can be used according to label directions if they are not toxic to threatened and endangered species that might be in the area. All chemical applications on federally managed land must be used in coordination with the Federal land manager.

Training to identify nonnative invasive plants would be provided for CBP personnel or contractors, as necessary.

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2. If the tactical infrastructure maintenance and repair activities would take place on a Federal agency's land, the appropriate agency’s herbicide policy must be followed for vegetation control. Contractors applying herbicides must verify that the appropriate agency's policy is being followed. This information should be requested from the COTR.

3. New guidance from the USEPA on herbicide application in riparian areas is imminent.

Check with COTR on the current status of these regulations prior to applying herbicide in such areas.

4. CBP would notify applicable owners and land managers 10 days prior to implementing clearing activities.

5. Where vegetation to be cleared is on a levee, the method of removal would ensure that the integrity of the levee is maintained.

6. Coordinate with the CBP ENV SME to determine if the maintenance activities occur in a highly sensitive area or an area that poses an unacceptable risk of transmitting diseases and invasive species. If it is determined that maintenance activities occur in such an area, follow the CBP cleaning protocol.

7. A fire prevention and suppression plan will be developed and implemented for all maintenance and repair activities that require welding or otherwise have a risk of starting a wildfire.

8. Identify fill material, sandbags, hay bales, and mulch brought in from outside the project area by its source location. Use sources that are sterile or weed-free.

9. Clearly demarcate the perimeter of all new areas to be disturbed during vegetation-clearing activities using flagging or temporary construction fencing. Do not allow any disturbance outside that perimeter.

10. Riparian vegetation should be protected during maintenance activities.

11. Avoid the removal of mature trees providing shade or bank stabilization within the riparian area of any waterway during maintenance or repair activities.

12. If vegetation must be removed, allow natural regeneration of native plants by cutting vegetation with hand tools, mowing, trimming, or using other removal methods that allow root systems to remain intact.

13. Vegetation targeted for retention would be flagged for avoidance to reduce the likelihood of being treated.

14. Periodic inspections of tactical infrastructure by the CBP SME would be conducted to evaluate and document conditions, including erosion and to ensure that prescriptions are followed and performed in the appropriate community types. As necessary, maintenance will be scheduled to minimize erosion and correct other adverse conditions.

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15. Avoid removal of riparian vegetation within 100 feet of aquatic habitats to provide a buffer area to protect the habitat from sedimentation.

Wildlife

1. If hollow bollards are necessary, cover hollow bollards (i.e., those that will be filled with a reinforcing material such as concrete) to prevent wildlife from entrapment. Deploy covers (and ensure they remain fully functioning) from the time the posts or hollow bollards arrive on the site and are unloaded, until they are filled with reinforcing material.

2. Ensure temporary light poles and other pole-like structures used for maintenance activities have anti-perch devices to discourage roosting by birds.

3. Avoid control of riparian vegetation within 100 feet of aquatic habitats to provide a buffer area to protect the habitat from sedimentation, unless vegetation control already exists in such an area.

4. Minimize animal collisions during maintenance and repair activities by not exceeding construction speed limits of 35 miles per hour (mph) on major unpaved roads (i.e., graded with ditches on both sides) and 25 mph on all other unpaved roads. During periods of decreased visibility (e.g., night, poor weather, curves), do not exceed speeds of 25 mph.

5. Do not permit pets owned or under the care of the contractor or sector personnel inside the project boundaries, adjacent native habitats, or other associated work areas.

6. To prevent entrapment of wildlife species, ensure excavated, steep-walled holes or trenches are either completely covered by plywood or metal caps at the close of each work day or provided with one or more escape ramps (at no greater than 1,000-foot intervals and sloped less than 45 degrees) constructed of earth fill or wooden planks.

7. Each morning before the start of maintenance activities and before such holes or trenches are filled, ensure they are thoroughly inspected for trapped animals. Ensure that any animals discovered are allowed to escape voluntarily (by escape ramps or temporary structures), without harassment, before maintenance activities resume; or are removed from the trench or hole by a qualified person and allowed to escape unimpeded.

Threatened and Endangered Species and Other Protected Species

General BMPs

1. Coordinate with COTR or ENV SME to determine which threatened and endangered species could occur in the vicinity of maintenance activities. In areas where there are no threatened and endangered or other species concerns, the personnel performing the maintenance activity are responsible for monitoring the implementation of general construction BMPs to avoid impacts on the environment. Environmental monitors would be provided by CBP in specific places and times to avoid impacts on biological resources, as directed by the BMPs. The environmental monitor will be notified 5 days in advance of any ground-breaking activity. The environmental monitor will document

E-4 the adherence to and proper implementation of BMPs. The environmental monitor will inform maintenance personnel of their violations and notify the appropriate CBP authorities (the COTR and ENV SME), who will temporarily suspend activities not in compliance with all BMPs or activities that are likely to result in the take of a threatened or endangered species or adverse modification of their critical habitat. If impacts on a threatened or endangered species cannot be avoided, then further consultation with the USFWS would be required.

2. To protect individuals of listed species within the project area, suspend work in the immediate vicinity of the individual until it moves out of harm’s way on its own, or enlist a qualified specialist (individuals or agency personnel with a permit to handle the species) to relocate the animal to a nearby safe location in accordance with accepted species-handling protocols.

3. All vegetation-clearing activities should avoid areas of known occurrences and designated critical habitat for threatened and endangered species. If vegetation clearing of new observation zones and road setbacks is required within areas of known occurrence or designated critical habitat, a qualified biologist will conduct a survey for any potential threatened and endangered species and any primary constituent elements (PCEs) that have been identified for that species. If a threatened or endangered species or PCE is observed within the project area, then further consultation with USFWS would be required.

4. Obtain all pertinent training materials for biological resources for the areas where maintenance activities would occur. Prior to arrival on the work site, ensure key personnel are aware of the biological resources potentially occurring in the project area and understand the proper BMPs to implement should threatened and endangered species be encountered in the project area.

5. Check visible space underneath all vehicles and heavy equipment for listed species and other wildlife prior to moving vehicles and equipment at the beginning of each work day and after vehicles have sat idle for more than 15 minutes.

6. Coordinate with the CBP ENV SME to determine if the maintenance activities occur in a highly sensitive area or an area that poses an unacceptable risk of transmitting diseases and invasive species. If it is determined that maintenance activities occur in such an area, follow the CBP cleaning protocol.

Migratory Bird BMPs

1. In areas that provide potential nesting sites for migratory birds, all vegetation-clearing activities should be conducted outside the migratory bird breeding season, September 16 through February 28. If maintenance activities are scheduled to start during the period when migratory birds are nesting (i.e., March 1 through September 15), qualified personnel should perform a supplemental site-specific survey for nesting migratory birds immediately prior to site clearing.

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2. Initial vegetation clearing and subsequent maintenance should be timed to avoid the migration, breeding, and nesting timeframe of special status species. In general, mechanical vegetation treatment and retreatment would occur between September 16 and February 28. Herbicide re-treatments could occur throughout the year.

3. If maintenance is scheduled to start during the migratory bird breeding season, take steps to prevent migratory birds from establishing nests in the potential impact area. These steps could include covering equipment and structures, and use of various excluders (e.g., noise). Birds can be harassed to prevent them from nesting on the site. Once a nest is established, they cannot be harassed until all young have fledged and left the nest site. If nesting birds are found during the supplemental survey, defer construction or intrusive maintenance activities until the birds have left the nest. Confirmation that all young have fledged should be made by qualified personnel.

Species Specific BMPs

Plants

Ashy Dogweed (Thymophylla tephroleuca), Bunched Cory Cactus (Coryphantha ramillosa ssp.

ramillosa), Chisos Hedgehog Cactus (Echinocereus chisoensis var. chisoensis), , Shorthook fishhook Cactus/Tobusch fishook cactus (Sclerocactus brevihamatus ssp. tobuschii), Sneed Pincushion Cactus (Escobaria sneedii var. sneedii), Star Cactus (Astrophytum asterias), Hinckley's Oak (Quercus hinckleyi), South Texas Ragweed/South Texas Ambrosia (Ambrosia cheiranthifolia), Terlingua Creek Cat's-eye (Cryptantha crassipes), Texas Ayenia (Ayenia limitaris), Texas Snowbell (Styrax platanifolius ssp. texanus), Walker's Manihot (Manihot walkerae), Zapata Bladderpod (Lesquerella thamnophila), Johnston's Frankenia (Frankenia johnstonii)

1. All vegetation clearing and control activities will avoid areas of known threatened and endangered perrenial plant species and critical habitat, unless a survey is conducted. If vegetation clearing and control activities in areas of known occurrences of these species and critical habitat are unavoidable then a qualified biologist will conduct a survey during the appropriate blooming season (Ashy dogweed: March to May; bunched cory cactus:

April to August; Chisos hedgehog cactus: March to July; Pima pineapple cactus: July to August; shorthook fishhook cactus: mid-February-mid-March; Sneed pincuchion cactus:

April to September; star cactus: March to May; Hinckley's oak:- year-round; south Texas ragweed: late summer to fall; Terlingua creek cat's-eye: March to May; Texas ayenia:

year-round; Texas snowbell: March-May; Walker's manihot: April to September; Zapata bladderpod: February to April; Johnston's frankenia: year-round) within the maintenance area. Individuals will be flagged and vegetation clearing and control activities will avoid flagged individuals. Pre-activity surveys are not required in areas that have been previously surveyed, no listed species were found, and the area has been subsequently maintained such that there is no reason to expect establishment of listed perennial plant species.

2. Use of herbicides will not occur within areas of known threatened and endangered plant species occurrences or critical habitat unless approved by the USFWS.

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Fish

Big Bend Gambusia (Gambusia gaigei) and Devils River Minnow (Dionda diaboli)

1. All vegetation clearing and control activities will avoid riparian vegetation within 100 feet of aquatic habitats with known threatened and endangered species occurrences in order to provide a buffer area to protect the habitat from sedimentation.

2. Use of herbicides will not occur within areas of known threatened and endangered species occurrences, breeding habitat (in streams and immediately adjacent to streams or ponds), or critical habitat unless approved by the USFWS.

Birds

Black-capped Vireo (Vireo atricapilla)

1. All vegetation clearing in shrubland of the Edwards Plateau and eastern Trans-Pecos should be avoided. If vegetation removal within other vegetation types is required near or adjacent to occupied black-capped vireo habitat (defined as within 500 feet of any known black-capped vireo occurrence), or potential habitat, qualified personnel with experience identifying shrubland within the Edwards Plateau and eastern Trans-Pecos will delineate and clearly mark the habitat to be avoided.

2. All high impact activities that require heavy equipment within occupied habitat, or potential habitat (shrubland of the Edwards Plateau and eastern Trans-Pecos) should be conducted from October through February, outside the black-capped vireo breeding season.

3. All other maintenance activities, including low impact maintenance activities should be avoided within occupied habitat and potential habitat (i.e., shrubland of the Edwards Plateau and eastern Trans-Pecos) during the breeding season (late-March through mid- September). If it is not possible to avoid maintenance activities within the breeding season the following avoidance measures will apply. A USFWS permitted biologist will conduct a survey for black-capped vireos no more than 10 days prior to initiating maintenance activities. If black-capped vireos are present, a USFWS permitted biologist will survey for nests approximately once per week within 500 feet of the maintenance area for the duration of the activity. If an active nest is located, a 300-foot no-maintenance activity buffer will be established around the nest until the young have fledged.

Mammals

Gulf Coast Jaguarundi (Herpailurus yagouaroundi cacomitli)

1. Avoid noise and lighting impacts during the night by conducting maintenance activities during daylight hours only. If night lighting is unavoidable, light would shine directly onto the work area to ensure worker safety and efficiency, and light would not exceed

1.5 foot-candles in jaguarundi habitat.

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Ocelot (Leopardus pardalis)

1. Avoid noise and lighting impacts during the night by conducting maintenance activities during daylight hours only. If night lighting is unavoidable, light would shine directly onto the work area to ensure worker safety and efficiency, and light would not exceed

1.5 foot-candles in jaguarundi habitat.

Water Resources

1. The ENV SME must be consulted to validate the need for site-specific storm water pollution prevention plans (SWPPPs), spill protection plans, and regulatory approvals.

Site-specific SWPPPs and spill protection plans would be prepared and regulatory approval sought, if necessary, in cases of highly sensitive work sites and large scopes of work that pose a significant risk. Where a site-specific SWPPP is not necessary, the personnel performing the maintenance would comply with a generic SWPPP and spill protection plan that covers most routine maintenance and repair activities. Prior to arrival on the work site, key personnel would understand correct implementation of these BMPs and their responsibility to address deficiencies.

2. The ENV SME would provide locations that have the potential for wetlands or other waters of the United States. If no current existing U.S. Army Corps of Engineers (USACE) jurisdictional determination is available, a delineation would be conducted and jurisdictional determination would be obtained from the USACE. Prior to conducting any activities that have the potential to affect wetlands and other waters of the United States, all Federal and state Clean Water Act (CWA) Section 404 individual or applicable nationwide permits and 401 and other applicable permits would be obtained.

3. Prepare and implement an SWPPP prior to applicable maintenance activities (greater than 1 acre of exposed dirt or as required by property manager). Implement BMPs described in the SWPPP to reduce erosion. Give special consideration to areas with highly erodible soils when planning the maintenance activities and incorporate measures such as waddles, aggregate materials, and wetting compounds in the erosion-control BMPs.

4. Coordinate with the ENV SME to determine which maintenance activities occur within the 100-year floodplain. Maintenance activities within the 100-year floodplain would be conducted in a manner consistent with Executive Order (EO) 11988 and other applicable regulations.

5. All maintenance contractors and personnel would review the CBP-approved spill protection plan and implement it during maintenance and repair activities.

6. Coordinate with ENV SME to ensure that CWA permits are in place for any changes to existing boat ramps.

7. Contact the ENV SME to coordinate with waterway permitting agencies when performing work below the ordinary high water mark.

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8. If the surrounding area is paved, wastewater from pressure washing must be collected. A ground pit or sump can be used to collect the wastewater.

9. If soaps or detergents are used, the wastewater and solids must be pumped/cleaned out and disposed of in an approved facility. If no soaps or detergents are used, the wastewater must first be filtered or screened to remove solids before being allowed to flow off site.

10. If the surrounding area has dense, herbaceous cover (primarily grasses) and there are no listed plant species or habitat for such, the wastewater (with or without detergent) could be discharged directly to the grassy area without collection or filtering as long as it is well dispersed and all the wastewater can percolate into the grass and soil. If wastewater runs off the grassy area, it must be filtered.

11. Prevent runoff from entering drainages or storm drains by placing fabric filters, sand bag enclosures, or other capture devices around the work area. Empty or clean out the capture device at the end of each day and properly dispose of the wastes.

12. Avoid contaminating natural aquatic and wetland systems with runoff by limiting all equipment maintenance, staging, laydown, and dispensing hazardous liquids (e.g., fuel and oil) to designated upland areas.

13. Avoid contamination of ground and surface waters by storing concrete wash water, and any water that has been contaminated (e.g., with construction materials, oils, equipment residue) in closed containers onsite until removed for disposal. In upland areas, storage tanks must be on-ground containers.

14. Avoid contamination of ground and surface waters by ensuring that water tankers that convey untreated surface water do not discard unused water where it has the potential to enter any aquatic or wetland habitat.

15. Cease work during heavy rains and do not resume work until conditions are suitable for the movement of equipment and materials.

16. Uncured concrete should not be allowed to enter the water.

17. Work should be done from the top of the bank or a floating barge, when practicable.

Heavy equipment use within the active flowing channel should be avoided.

18. Floating dock components containing foam must be encapsulated to prevent the introduction of foam particles into the water.

19. For all in-water work in streams, sediment barriers would be used to avoid downstream effects of turbidity and sedimentation.

20. Do not pressure wash more than the area to be painted or treated (e.g., for graffiti removal) each day.

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21. If the purpose of cleaning is for graffiti removal, spot clean, steam clean or scrape dirty areas rather than pressure washing entire sections of fence or levee wall.

22. Operate pressure-washing equipment according to manufacturer’s recommendations.

23. Except for emergency repairs required to protect human life, limit work within drainages to dry periods to reduce effects on downstream water quality.

24. Rip-rap should be placed on a layer of geotextile fabric to prevent underlying sediment from being washed out through the openings of the rip-rap.

25. Rip-rap should be keyed into the wash/streambed to ensure its stability and effectiveness.

Air Quality

1. Good modern practices for earth moving/excavating activities would be implemented.

These include using approved dust suppressants or adhesive soil stabilizers, paving, covering, landscaping, continuous wetting, or detouring maintenance and repair areas, barring access to maintenance and repair areas, or other acceptable means of reducing significant amounts of airborne dust. All Federal, state, county, and local ordinance would be adhered to during maintenance and repair of tactical infrastructure.

Noise

1. Follow all Occupational Safety and Health Administration requirements with respect to construction noise impacts. Ensure all motorized equipment possess properly working mufflers and are kept properly tuned to reduce backfires. Ensure all motorized generators will be in baffle boxes (a sound-resistant box that is placed over or around a generator), have an attached muffler, or use other noise-abatement methods in accordance with industry standards. For activities involving heavy equipment, seasonal restrictions might be required to avoid impacts on threatened or endangered species in areas where these species or their potential habitat occur. See species-specific BMPs.

Cultural Resources

1. If Native American human remains are discovered during maintenance and repair of tactical infrastructure CBP would consult with culturally affiliated tribes and the California Office of Historic Preservation regarding their management and disposition in compliance with Native American Graves Protection and Repatriation Act.

2. Obtain all pertinent training materials for cultural resources for the areas where maintenance and repair activities would occur. Prior to arrival on the work site, ensure key personnel are aware of the cultural resources potentially occurring in the project area and understand the proper BMPs to implement should cultural resources be encountered in the project area.

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Roadways and Traffic

1. Access maintenance sites using designated, existing roads. Do not allow any off-road vehicular travel outside those areas. Ensure all parking is in designated disturbed areas.

For longer-term projects, mark designated travel corridors with easily observed removable or biodegradable markers.

2. All contractors and maintenance personnel would operate within the designed/approved construction corridor.

Hazardous Materials and Waste Management

1. Where hazardous and regulated materials are handled, workers should collect and store all fuels, waste oils, and solvents in clearly labeled closed tanks and drums within a secondary containment system that consists of an impervious floor and bermed sidewalls capable of containing the volume of the largest container stored therein.

2. All paints and cleaning materials should be approved by the appropriate land manager.

3. Use a ground cloth or an oversized tub for paint mixing and tool cleaning. Properly dispose of the wastes.

4. Enclose spray-painting operations with tarps or other means to minimize wind drift and to contain overspray.

5. Clean paintbrushes and tools covered with water-based paints in sinks plumbed to a sanitary sewer or in portable containers that can be dumped into sanitary sewer drains.

Never clean such tools in a natural drainage or over a storm drain.

6. Brushes and tools covered with non-water-based paints, finishes, thinners, solvents, or other materials must be cleaned over a tub or container and the cleaning wastes disposed of or recycled at an approved facility. Never clean such tools in a natural drainage or over a storm drain.

7. If maintenance activities would continue at night, direct shielded light only onto the area required for worker safety and productivity. Lights would not exceed 1.5-foot candles within the lit area.

8. Implement proper and routine maintenance of all vehicles and other maintenance equipment such that emissions are within the design standards of all maintenance equipment.

9. Use water-based paints instead of oil-based paints. Look for the words “Latex” or “Cleanup with water” on the label. Do not rinse into natural drainages (e.g., creeks, irrigation canals, wetlands) or storm drains.

10. Do not use paints more than 15 years old. They could contain toxic levels of lead.

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11. Use ground or drop cloths underneath painting, scraping, sandblasting, and graffiti removal work. Properly dispose of the waste and scraps collected on the drop cloth.

12. Minimize site disturbance and avoid attracting predators by promptly removing waste materials, wrappers, and debris from the site. Any waste that must remain on site more than 12 hours should be properly stored in closed containers until disposal.

Socioeconomic Resources, Environmental Justice, and Protection of Children

No BMPs were identified for socioeconomic resources, environmental justice, or the protection of children.