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Standard Local Operating Procedures for Endangered Species: SLOPES-IV. Greg Apke , ODOT Aquatics Biology and Fish Passage Program Leader (Salem Headquarters). Topics I Will Discuss Include:. General ESA Overview

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Standard local operating procedures for endangered species slopes iv

Standard Local Operating Procedures for Endangered Species: SLOPES-IV

Greg Apke, ODOT Aquatics Biology and Fish Passage Program Leader (Salem Headquarters)


Topics i will discuss include
Topics I Will Discuss Include: SLOPES-IV

  • General ESA Overview

  • Exposure to a few Streamlining Tools for ESA

    • SLOPES IV: Restoration Module

    • SLOPES IV: Transportation Module

  • ODOT Training ESA Training Opportunities

  • Questions & Answers


  • Endangered species act esa

    Endangered Species Act (ESA) SLOPES-IV

    General Overview or “Crash Course” in ESA


    Mandate of the federal endangered species act esa
    Mandate of the Federal SLOPES-IVEndangered Species Act (ESA)

    • The federal ESA of 1973 requires federal agencies or their representatives

      • “to insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or

      • result in the destruction or adverse modification of critical habitat of such species.”


    Federal nexus triggers esa sec 7
    Federal Nexus SLOPES-IV→ Triggers ESA Sec 7

    (ODOT is FHWA’s non-federal representative)

    • Federal Funds ($ FHWA)

    • Federal Property (USDA, BLM, etc.)

    • Federal Permit (Corps)

    • Section 7 requires consultation with either

    • National Marine Fisheries Service (NMFS) or

    • US Fish and Wildlife Service (USFWS)

    Consultation is Required Before a Project is Authorized


    Take is prohibited by the esa and requires a permit if it is expected to occur
    SLOPES-IVTake’ is Prohibited by the ESA and Requires a Permit if it is Expected to Occur

    • Take = “harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect”

    • Harm = “significant habitat modification or degradation that results in death or injury”

    • Harass = “significantly disrupts normal behavior patterns” including “breeding, feeding or sheltering”


    • The SLOPES-IVESA permit is analogous to a fishing license, you must have it to be legal.

    • Any form of ‘take’ is illegal without a license or permit.


    Number of Corps Permits Issued Within the Action Area by Geographic Domains with Endangered Species

    GEOGRAPHIC

    ESUs AFFECTED

    2001

    2002

    2003

    DOMAIN

    (n = 143)

    (n = 170)

    (n=254)

    Willamette/Lower

    LCR Chinook, UWR Chinook, CR

    92

    96

    124

    Columbia

    chum, LCR steelhead, UWR

    steelhead

    Interior Columbia

    SR fall-run Chinook, SR spring/

    21

    19

    26

    summer-run Chinook, UCR spring-

    run Chinook, SR sockeye, UCR

    steelhead, SR Basin steelhead,

    MCR steelhead

    Oregon Coast

    OC coho

    13

    44

    63

    Southern Oregon/

    SONC coho

    17

    11

    41

    Northern California Coasts


    Slopes iv programmatic biological opinion pbo

    SLOPES IV Programmatic Biological Opinion (PBO) Geographic Domains with Endangered Species

    Permitting of Maintenance and Improvements of Roads, Culverts, Bridges, and Utility Lines, within the Corps.’ Authority (Section 10, Rivers & Harbors Act 1899 and Section 404 of Clean Water Act)

    = NMFS

    Corps. =


    Slopes
    SLOPES = Geographic Domains with Endangered Species

    Standard

    Local

    Operating

    Procedures for

    Endangered

    Species


    Concept of programmatic permits
    Concept of Programmatic Permits Geographic Domains with Endangered Species

    • Streamline permitting and ESA consultation process for projects that are:

      • Relatively Minor in impacts

      • Repetitive in usage

      • Impacts are Predictable

    • Up front permit

    • Statewide authorization for 5-years

    • Only for species regulated by NMFS (anadromous salmonid species)


    Permit incentives
    Permit Incentives Geographic Domains with Endangered Species

    • Design constraints are known up front during project development

    • Nominal risk

      • Permit terms & conditions are known

    • Notification process is quick

    • Cost and time savings

    • Monitoring & reporting expectations are know upfront (budget & schedule)

    • ESA “take” is permitted & legal

    • Statewide applications & coverage

    • 1-stop shop


    Questions at this point
    Questions at This Point? Geographic Domains with Endangered Species


    Slopes iv restoration module
    SLOPES IV - RESTORATION MODULE Geographic Domains with Endangered Species

    Permit Issued February 22, 2008


    Slopes iv transportation module
    SLOPES IV –TRANSPORTATION MODULE Geographic Domains with Endangered Species

    To be complete June ‘08


    Design criteria of actions
    Design Criteria of Actions Geographic Domains with Endangered Species

    • Major Hazards

    • Streambank & Channel Stabilization

    • Maintenance, Rehabilitation and Replacement

    • Utility Line Stream Crossing


    Types of actions authorized
    Types of Actions Authorized Geographic Domains with Endangered Species

    • Major Hazard Responses

      • Immediate repairs of roads, culverts, bridges, or utility lines when major hazards are declared by manger of transportation infrastructure

      • Must notify Corps. & NMFS as soon as possible


    2 streambank channel stabilization
    2. Streambank & Channel Stabilization Geographic Domains with Endangered Species

    • These actions include installation & maintenance of:

      • Scour protection necessary to prevent scour or down cutting of culverts, road foundations, or bridge supports using:

        • Log or roughened rock toe of slopes

        • Partially spanning porous weirs

        • Woody plantings & herbaceous cover

        • Soil reinforcements, coir logs

        • Bank reshaping and slope grading

        • Floodplain roughness

        • Engineered log jams


    3 maintenance rehabilitation replacement
    3. Maintenance, Rehabilitation & Replacement Geographic Domains with Endangered Species

    • These actions include maint., rehab. & replacement necessary to ensure roads, culverts, and bridges remain safe & reliable:

      • Geotechnical surveys-drilling

      • Excavation, grading & filling necessary to maintain, rehab. or replace existing roads, culverts & bridges

      • Construct & maintain stormwater facilities


    4 utility line stream crossings
    4. Utility Line Stream Crossings Geographic Domains with Endangered Species

    • Design in the following priority:

      • Aerial lines

      • Directional drilling, boring, jacking

      • Trenching “in the dry”

      • Trenching must be backfilled below OHW w/ native materials & capped with clean river gravel

      • Large wood displaced must be returned to original location


    Processing of new actions
    Processing of New Actions Geographic Domains with Endangered Species

    • Species presence: Corps. will confirm is actions are within range of ESA salmon

    • Corps. & NMFS will review each application [email protected]

    • Electronic notification and project tracking system

    • 30-day approval process by NMFS & Corps.


    Components conditions of permit
    Components/Conditions of Permit Geographic Domains with Endangered Species

    • Site access

    • Project completion report w/in

      • 60 days “post-construction”

    • Work completed during in-water work window(s)

    • In-water work must be isolated

    • Stormwater management plan

      • Must meet stormwater pollution reduction & flow control requirements

      • Any new impervious surface or create a new stormwater discharge


    Conditions of permit cont
    Conditions of Permit cont… Geographic Domains with Endangered Species

    • Fish passage must be provided

    • Capture & release of fish (fishery biologist)

    • Water diversions (pumps) must be screened

    • Erosion & pollution control plans must be developed and implemented


    Conditions of permit cont1
    Conditions of Permit cont… Geographic Domains with Endangered Species

    • Vehicle staging and use:

      • Equipment storage, fueling, staging – 150 ft from stream

      • Daily inspections for fluid leaks

      • Steam cleaning prior to work below OHW

    • Site restoration activities

      • Native material(s) stockpile for re-use (large wood, vegetation, topsoil, channel material, etc.)

    • No treated wood use below OHW

      • Except when coated with waterproof seal or barrier


    Site restoration action plan components
    Site Restoration Action Plan Components Geographic Domains with Endangered Species

    • Any action that results in significant disturbance to riparian vegetation, soils, streambanks, or stream channel must:

      • Develop a plan to clean up site and restore those features “post-construction”

      • Soil stability

      • Native vegetation (replanting plan)

        • noxious species are prohibited

      • Streambanks are stable & well vegetated

      • Electronic submittal of plan


    Compensatory mitigation action plan components
    Compensatory Mitigation Action Plan Components Geographic Domains with Endangered Species

    • Actions that require a compensatory mitigation plan include:

      • Stormwater management facility that requires new or enlarged structure w/in riparian zone or has insufficient capacity to infiltrate and retain stormwater volumes

      • Riprap revetments extending above streambank toe, beyond previous footprint, or does not include vegetation & large wood

      • Bridge rehab. or replacements that do not span functional floodplain or cause net increase in fill w/in functional floodplain


    Exclusions of slopes iv
    Exclusions of SLOPES IV Geographic Domains with Endangered Species

    • Baffled culverts or fishways (roughened channels)

    • Culverts exceeding 6% grade

    • Tidegate maintenance or replacements

    • Stream barbs, non-porous partially or full spanning weirs

    • Instream flow control structures

    • Significant channel realignment

    • Construction of new roads w/in riparian zones

    • Construction of new bridge where a previous structure did not previously exist

    • Construction of new or larger gas, water, or sewer line to support new or expanded service area(s)

    • Noxious vegetative species


    Who do you contact with questions
    Who Do You Contact With Questions? Geographic Domains with Endangered Species

    • ODOT Headquarters Staff

    • ODOT Region Technical Center Staff (Biologists or Region Environmental Coordinators)

    • Environmental Consultants

    • NMFS or Corps.

    Or you can attend ODOT’s Training June 3 & 4, ‘08


    Odot s ba qualification training
    ODOT’s BA Qualification Training Geographic Domains with Endangered Species

    • June 3 & 4, 2008 in Salem

    • 2-Day Training & Test

    • Must Be Qualified to Write or Review BA’s for ODOT Under Contract

    • Must Maintain Qualification and Renew Every 3-Years

      To Register: Lorrie Schaefer at 503-986-3840

      By E-mail: [email protected]


    Questions? Geographic Domains with Endangered Species

    Greg Apke 503-986-3516

    [email protected]


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