00 31 24 EA Information.pdf

Lower Rio Grande Flood Control Project – Interior Floodways Rehabilitation of North Floodway (North and South Levees) and Arroyo Colorado Floodway (North Levee) Hidalgo and Cameron Counties, Texas

ENVIRONMENTAL ASSESSMENT INFORMATION

USIBWC Contract No.: IBM09B0004 Page 00.31.24 - 1

AVAILABLE INFORMATION 00.31.24

The Project’s environmental assessment entitled “Final Programmatic Environmental Impact Statement, Improvements to the USIBWC Rio Grande Flood Control Projects along the Texas-Mexico Border” January 2008; “Final Environmental Assessment, Improvements to the North and Main Floodways Levee Systems” November 2007; “Environmental Assessment-Improvements to the Arroyo Colorado North Levee Project” June 2009; “Biological Resources evaluation-Improvements to the Arroyo Colorado North Levee Project” June 2009; and “Cultural Resources Survey-Improvements to the Divisor Dike and Arroyo Colorado North Levee Project” June 2009 and are available for Contractor review upon request of the Contractor.

1. Establishing and Acquisition Authorities. Various authorities include:

• Fish and Wildlife Act of 1956 [16 U.S.C. 742f(a)(4)], [16 U.S.C. 742f(b)(1)]

• An Act Authorizing the Transfer of Certain Real Property for Wildlife, or other purposes [16

U.S.C. 667b]

• Refuge Recreation Act, as amended [16 U.S.C. 460k-1], [16 U.S.C. 460k-2]

• Migratory Bird Treaty Act [16 U.S.C. 703]

• National Wildlife Refuge System Improvement Act of 1997

2. Refuge Purpose(s). As excerpted from the enabling legislation used to authorize the acquisition of the Refuge, the following are the Refuge purposes:

“... for the development, advancement, management, conservation, and protection of fish and wildlife resources...” [16 U.S.C. 742f(a)(4)] “... for the benefit of the United States Fish and Wildlife Service, in performing its activities and services. Such acceptance may be subject to the terms of any restrictive or affirmative covenant, or condition of servitude...” [16 U.S.C. 742f(b)(1)] (Fish and Wildlife Act of 1956)

”... particular value in carrying out the national migratory bird management program.” [16 U.S.C. 667b] (An Act Authorizing the Transfer of Certain Real Property for Wildlife, or other purposes)

”... suitable for: (1) incidental fish and wildlife-oriented recreational development, (2) the protection of natural resources, (3) the conservation of endangered species or threatened species...” [16 U.S.C. 460k- 1] “... the Secretary ... may accept and use ... real ... property. Such acceptance may be accomplished under the terms and conditions of restrictive covenants imposed by donors...” [16 U.S.C. 460k-2] (Refuge Recreation Act [16 U.S.C. 460k-460k-4], as amended)

”... for use as an inviolate sanctuary, or for any other management purpose, for migratory birds.” [16 U.S.C. 703] (Migratory Bird Treaty Act)

3. Refuge Goals. The Lower Rio Grande Valley and Santa Ana National Wildlife Refuges Comprehensive Conservation Plan (CCP) of 1997 satisfies the CCP requirement of the National Wildlife Refuge System Improvement Act of 1997 and identifies the following five goals of the Lower Rio Grande Valley National Wildlife Refuge:

• To restore, enhance and protect biological diversity.

Lower Rio Grande Flood Control Project – Interior Floodways Rehabilitation of North Floodway (North and South Levees) and Arroyo Colorado Floodway (North Levee) Hidalgo and Cameron Counties, Texas

USIBWC Contract No.: IBM09B0004 Page 00.31.24 - 2

• To protect and obtain additional water rights, improve water management, and protect, restore and enhance wetlands.

• To improve water quality and reduce contaminant related fish and wildlife resource losses.

• To protect, maintain and plan for cultural resources.

• To offer compatible wildlife dependent public uses, recreational opportunities, and interpretation and education.

4. National Wildlife Refuge System Mission. “The Mission of the National Wildlife Refuge System is to administer a national network of lands and waters for the conservation, management, and where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.”

5. Description of Use. It is anticipated that no use of LRGV NWR property will be required for the construction of the Project.

6. Availability of LRGV NWR Resources. It is anticipated that no use of LRGV NWR resources will be required for the construction of the Project.

7. Anticipated Impacts of the Use. It is anticipated that no use of LRGV NWR property will be required for the construction of the Project.

8. Public Review and Comment. It is anticipated that no use of LRGV NWR property or resources will be required for the construction of the Project; therefore, no public review or comment period will be required.

9. Other considerations. The Contractor is required to adhere to the following:

(a) No excavation event should be performed on LRGV NWR property. If during construction it is found that there is a need to perform construction on LRGV NWR property, the Contractor shall not begin construction without obtaining a Special Use Permit from the LRGV NWR or without the notification of the activity to the Refuge Manager; all federally mandated consultations and the procurement of permits will be completed by the Government, including, but not limited to, those required by the U.S. Army Corps of Engineers and the Texas State Historic Preservation Office.

(b) Vegetated areas will be clearly marked by an environmental monitor and work activities will avoid these areas.

(c) Proper training will be given to machine operators to reduce the risk of accidental mortality to less mobile terrestrial wildlife.

(d) While work is being conducted, vehicles and equipment will be monitored continuously to insure that fuels, oils and fluids do not leak or are spilled onto the ground. In the event of a spill or leak, the Refuge Manager will be immediately notified, all work activities will be suspended until the spillage or leakage is stopped and appropriate clean-up measures are employed to capture contaminants and remove contaminated soils.

(e) All other stipulations and/or rules from “General Conditions and Operating Procedures While on the Lower Rio Grande Valley National Wildlife Refuge” will be strictly adhered to.