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Ms. Bolte Page 2 Activities should be performed to minimize the amount of existing native flora and fauna disturbed. Mature trees and native brush should be avoided. Vegetation that produces nuts, acorns, or berries is highly valuable to wildlife as food and cover. Brushy thickets, abundant vegetation, tall trees and aquatic resources in the San Marcos area provide a rich diversity of habitat for different bird species. There is a convergence of major migratory bird flyways in San Marcos and many migratory birds stop to feed and rest near the San Marcos River and area ponds. If the proposed project has the potential to impact migratory birds, nests or eggs then you should be aware of the Migratory Bird Treaty Act. Construction activities such as, but not limited to, tree felling, vegetation clearing, or maintenance shall need to be scheduled outside the April I-July 15 migratory bird nesting season of each year the project is authorized and lasting for the life of the project. In addition, since raptors nest in late winter and early spring, all proposed construction areas should be surveyed for raptors and construction activities should be excluded for a minimum zone of 100 meters around any raptor nest tree during the period February I-July 15. In addition, avoid disturbing rookeries, which often exist near wetlands and riparian corridors. Please contact the U.S. Fish and Wildlife Service (711 Stadium Drive East, Suite 252, Arlington, Texas 76011, ph. 817-885-7830) for further information. A search of the Texas Biological and Conservation Data System (BCD) revealed presently known occurrences of a special species in the general vicinity of the proposed project. Hill country wild-mercury (Argythamnia aphoroides) occurs in dry sandy and rocky soil over limestone in the general area. There are 6 to 20 known occurrences of this former Category 2 plant globally and in Texas. There are threatened and endangered species associated with the San Marcos River including the Texas blind salamander (Typhlomolge rathbuni), fountain darter (Etheostoma fonticola), San Marcos gambusia (Gambusia georgei), San Marcos salamander (Eurycea nana), and Texas wild-rice (Zizania texana). This information is intended to assist you in avoiding harm to species that occur on your sites. Some species are especially sensitive to collection and harassment therefore these records are for your reference only. Please do not include occurrence records in your documents. The BCD information is based on the best data currently available to the state regarding threatened, endangered, or otherwise sensitive species. However, these data do not provide a definite statement as to the presence or absence of A-IS