oregon’s federal aid highway programmatic biological opinion

ODOT Programmatic ESA Consultation on the Federal-Aid Highway Program (FAHP)User’s Guide Training, June-July 2013

Oregon’s Federal Aid Highway Oregon’s Federal Aid Highway Programmatic Biological Programmatic Biological

OpinionOpinion

(FAHP)(FAHP)

Presentation to the Local Agencies

November 14, 2013


Background & PurposeBackground & Purpose• Emphasis on Programmatic Agreements• Previous Programmatic outdated • FHWA as the lead Federal Nexus (not Corps

anymore)• Increasing role of ODOT in Local Agency

projects• No stormwater coveragein SLOPES IV


Programmatic GoalsProgrammatic Goals• Overall Goals

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

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

3. Decrease consultation time and associated costs


CommunicationCommunication

• Better tracking of project impacts…fewer actions need regulatory approval in future– Necessary for ODOT and Local Agency

• Greater transparency & communication


Project Type

Bike/Pedestrian Facilities

Bridge Repair

Bridge Replacement

Culvert Extension/Repair

Culvert Replacement

Fish Habitat Restoration

Intersection Safety

Modernization/New Alignment/Bypass

Pavement/Facility Preservation

Roadside Development

Rockfall/Slide Mitigation

Signals/Signs

Widening/Adding Lanes

Qualifying ActionsQualifying Actions


ExclusionsExclusions• Tidegates• EIS• Solely related to mass transit or rail• New permanent stream crossings or roads

in the riparian zone (With some exceptions)

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

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

Excluded activities may require Individual Consultation


STEPSSTEPS

• Document early coordination with Services (new requirement)

• Project Notification which may or may not require Service’s approval depending on action


Actions Requiring Service’s Approval

•(a) Actions with required mitigation such as: on-site stormwater treatment deficit, net increase in artificial fill or abandoned fill in the functional floodplain, unvegetated streambank riprap, any streambank riprap above OHW, in-stream flow control structures. •(b) In-water work extension requests. •(c) Fisheries restoration structures and/or fishways, including ladders, culvert retrofits, pool-riffle structures, and roughened chutes. •(d) Weed control that does not meet herbicide treatment standards. •(e) Blasting in/near aquatic habitats (only allowed when listed species will not be present5). •(f) Bridge replacement that cannot meet fluvial performance or pile driving standards. •(g) Stream channel modifications or waterway enhancements that do not meet design standards, such as fish passage retrofits, channel restoration, set-backs, and water control. •(h) Stormwater flow management in a drainage basin that is less that 100 mi2. •(i) Other modifications to FAHP design standards that may result in direct impacts to listed aquatic resources.


Actions that don’t require Service’s Approval

•(a) Work below ordinary high water (OHW) completed during the in-water work period. •(b) Weed control near aquatic habitat that occurs manually or otherwise meets FAHP herbicide treatment design standards. •(c) Bridge replacement that meets fluvial performance and pile driving standards. •(d) Projects without stream channel or waterway enhancements, or projects with stream channel or waterway enhancement that meet design standards. •(e) Projects that involve stormwater flow management in drainage basins larger than 100 mi2 that meet design standards. •(f) Project may or may not involve minor modifications to buffer distances, riparian habitat impacts; or otherwise can be designed as per the FAHP.


STEPSSTEPS• Construction Initiation Notice• Fish Salvage• Environmental Inspection • Project Completion Report• Post-construction biological monitoring is

required for all FAHP projects that clear vegetation or grade within riparian zones and streams, or involve streambank restoration, site restoration, or other habitat enhancements.


ModificationsModifications• Expedite Project Notification by designing

& building according to Design Standards• NMFS recognizes one-size-does-not-fit-all• Substantive modifications –Early

Coordination; likely will trigger Services approval of Notification

• Channel confinement


VariancesVariances


Communication with FHWA & NMFSCommunication with FHWA & NMFS

• Quarterly meetings to discuss issues• Annual summary report• Webmap interface for on demand reporting

– Allows geo-spatial view of project locations and status

– Quick access to detailed project information– Constantly updated and always available


WebsiteWebsite

http://www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/Pages/fahp.aspx

Key to Success:Download the Biological Opinion and User Guide and

refer to them often.


WebsiteWebsite


Questions?Questions?

• [email protected]; 541.963.1353



oregon’s federal aid highway programmatic biological opinion

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