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MIGRATORY BIRD TREATY ACT Pharr District

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Table of contents

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3 Pre Construction Meeting

MBTA Educational Flyer

MBTA Surveys

Standard Plan Sheets

Working with Construction Crews

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Pre Construction Meeting

Pharr District Environmental Staff attends all pre construction meetings – Go over the SW3P, EPIC, ESA, MBTA, Permits,

licenses, etc. MBTA surveys must be completed prior to any

clearing of any vegetation – Reminder there are ground nesting birds, birds

that nest is structures, as well as tree nesting birds

– Once the survey is completed, if not cleared, survey must be completed again in ~14 days

– If nests are present the survey team will mark the area and we will re check the nests to determine nest status in ~ 14 days to let the construction team know if the chicks have fledged.

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MBTA Educational Flyer

Developed MBTA education flyer

Which answers the 7 Questions below:

– What is the Migratory Bird Treaty Act?

– What does the Act provide?

– What is a Migratory Bird?

– What is TxDOT’s Role in protecting Migratory Birds?

– What are the Penalties for Violations of the Act?

– What are the TxDOT projects that have the most potential to harm Migratory Birds?

– How can TxDOT avoid harming Migratory Birds and violations of the Migratory Bird Treaty Act?

– Who should I contact in the Environmental Section to determine if Migratory Birds may be an issue on the Project?

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MBTA FORM

MIGRATORY BIRD NEST SURVEY FORM (February 15 to October 1)

CSJ: HIGHWAY: COUNTY: LIMITS: AREA OFFICE: MAINTENANCE SECTION: Will this project require a migratory bird survey? No Yes If No, state reason(s) why: If Migratory Bird Survey is necessary, has it been conducted: Yes No If yes state:

DATE/TIME OF SURVEY: WEATHER: Clear sunny sky. Temperature Winds WHERE (STATION LOCATIONS): NAME OF NEST SURVEYOR: RESULTS: ANY ACTIVE NESTS FOUND? (Use additional sheets as necessary to include field notes/photos). No active or inactive nests were found in the project area. Trees and ground were searched. Area Clear. If Nests are found – Contact Edd Paradise, Environmental Specialist, at the Pharr District office 956-702-6243, and email this form to edward.paradise@txdot.gov. Provide a map of any nest locations. Do Not Mark (with flags or spray paint) trees or vegetation with nest in field. This form is to assist the Environmental Staff to conduct further nest monitoring for the project, if necessary and to ensure compliance with Migratory Bird Treaty Act (MBTA) prior to any vegetation removal. SURVERYOR SIGNATURE: DATE:

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Pharr District created a MBTA Survey form to complete during the surveys

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MBTA Survey Results

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MBTA Survey Results

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Plan Sheet for Paint Installation on Box Culverts

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Paint Installation (Bird X or Equal Paint)

Concrete surface need to be treated multiple time as Bird X paint is absorb into the concrete or evaporate and dry up.

Reapplied about every 2 to 4 weeks

Needs to be inspected at least every other day

Removal of any partial nests that develop

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Bird-X is ~$50.00/ gallon which covers 120 sq. ft. So for a 100 ft long culvert *4 ft strip of paint would Cost $166.66/application, 7 month MBTA season = $1,166.62 to $2,333.34

Arroyo Quiote on US 83

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Plan Sheets Netting/ Parapet Curtain in Box Culverts

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Netting in Box Culverts

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Corner Netting $30,580.00 All bridges (“culverts” have an overhead roadway that is 66ft wide and the sections of the bridges are all approx. 10 ft wide between vertical supports. One has 6 sections, one has 2 sections and one has 9 sections ~$1,799 / culvert Installed. Could be less expensive if not completed as a change order or contractor had more than one source

net was their 3/4” x 3/4” knotless fire retardant net which carries a 10 year guarantee

On US 285

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Plan Sheets for Bridges

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Netting at Bridges

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SM Green Polypropylene Welded Wire (nylon netting) 820’x13’ Lowe $349.00

On Kornegay Road in San Benito

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Working with Contractor and Construction Crews

Some Issues that can Go WRONG – Some Contractor’s do not understand the MBTA Law – The message does not get to the correct person

(backhoe operator, utilities company, ROW demolish firm)

– Language barrier (Spanish speaker) – They clearing of the vegetation is conducted past the

14days – They clear unauthorized areas not surveyed yet – Do not understand the it is not just TxDOT, it is Federal

law – That there is a State and Federal enforcement element – Need to plan or act on MBTA issues ASAP after Letting

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Working with Construction Crews

Pharr District Environmental Staff attends all pre construction meetings

PM/PI called us for MBTA survey

ENV Staff conducted the survey and file a report to PI/PM

14 days revisit or Construction PM calls

If there a violation, missing the 14 day call or clearing early

Depending on the significant, document violation with Report

Notify Upper Management and ENV

Notify USFWS Enforcement

So we are now planning to:

– Ensure all projects have MBTA sheet in their

PS&E

- Making signs and Red ribbon with “DO NOT CUT OR TRIM”

– Talk to the ROW/utility coordinator - Educate the Demolition/ utility companies

– Attend the ROW/Utility kickoff meetings On Owassa Road

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