Welcome to oregon s programmatic esa consultation for highway projects
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Welcome to Oregon’s Programmatic ESA Consultation for Highway Projects. User’s Training on How to Implement the ODOT-FHWA Programmatic ESA Consultation June-July 2013

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Welcome to Oregon’s Programmatic ESA Consultation for Highway Projects

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Welcome to Oregon’s Programmatic ESA Consultation for Highway Projects

User’s Training on How to Implement the ODOT-FHWA Programmatic ESA Consultation

June-July 2013

Presented by ODOT Geo-Environmental Section (Highway Div., Technical Services), the Federal-Highway Administration (Oregon Div.), and National Marine Fisheries Service (Oregon State Habitat Office)

Background & Purpose

  • Emphasis on Programmatic Agreements

  • SLOPES only provides coverage for some species and some Highway actions

    • USACE permits

    • Stormwater-only impacts

    • No FWS species

  • FHWA as the lead Federal Nexus

  • Increasing role of ODOT in Local Agency projects

  • Project Notification

    • Certain activities do not require “approval”

Programmatic Goals

  • Overall Goals

    • Improve the condition of the environmental baseline most directly impacted by the transportation program (e.g., habitat connectivity, water quality)

    • Avoid and minimize adverse impacts to federally-listed species and critical habitat

  • Section 7(a)(1)

  • Better tracking of project effects (good and bad)…fewer actions need regulatory approval in future

    • Necessary for ODOT and Local Agency

Early Coordination

  • Importance of early coordination

  • Prior to DAP, provide Services Liaison, FHWA, NRU and Region Env. basic project information

    • Project name, type, location

    • Anticipated notification type (approval/no approval)

    • Anticipated bid let date

    • Possible activities that may require “modifications” to design standards or mitigation

    • More details on “how to” during Day 2

Programmatic Scope

  • NMFS Species

    • “Take”

    • Informal consultation

  • USFWS Species

    • “Take”

    • Informal consultation

  • Action Area

    • Aquatic and riparian effects

    • Stormwater effects

Credit: Jamie King, Alaska DFW

Qualifying Actions


Excluded activities may

require Individual Consultation

  • Tidegates

  • NEPA Class I (EIS)

  • Solely related to mass transit or rail

  • New permanent stream crossings or roads in the riparian zone (except bridge approaches or as needed to restore historic stream channels)

  • In-water work downstream of Willamette Falls Dec. 1 - Jan. 31

  • Stream channel realignment (except to restore former channels or eroding banks)

Exclusions (cont.)

  • New lanes/intersections that contribute to other land use changes that trigger effects

  • Drilling or earthwork at EPA-designated Superfund Site, a state-designated clean-up area, or in the likely impact zone of a significant contaminant source

  • Direct or indirect take of Steller sea lion, killer whale

  • Effects to USFWS species (for now)

  • Large projects with greater than “programmatic-scale effects”


  • NMFS interest in Programmatics

  • Expedite Project Notification by designing & building according to Design Standards

  • NMFS recognizes one-size-does-not-fit-all

  • Minor modifications – report in Notification

  • Substantive modifications –Early Coordination; likely will trigger Services approval of Notification

  • Major modifications may exceed “programmatic effects” = exclusion

Other ESA consultation Options

  • SLOPES IV or V

  • Bridge Preservation (USFWS)

  • Vernal Pools (USFWS)

  • ODOT Maintenance 4d exemption

  • ODOT Maintenance HCP

  • Individual Consultation

    • To streamline, model after FAHP

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