Standard Local Operating Standard Local Operating Procedures for Endangered Species: Procedures for Endangered Species: SLOPES-IVSLOPES-IV

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

Headquarters)

Topics I Will Discuss Include:Topics I Will Discuss Include:

• General ESA Overview• Exposure to a few Streamlining

Tools for ESA1. SLOPES IV: Restoration Module2. SLOPES IV: Transportation Module

• ODOT Training ESA Training Opportunities

• Questions & Answers

Endangered Species Act (ESA)Endangered Species Act (ESA)

General Overview or “Crash Course” in ESA

Mandate of the FederalMandate of the FederalEndangered Species Act Endangered Species Act (ESA)(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 Federal Nexus →→ Triggers ESA Triggers ESA Sec 7 Sec 7

• 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)

(ODOT is FHWA’s non-federal representative)

Consultation is Required Before a Project is Consultation is Required Before a Project is AuthorizedAuthorized

‘Take’ is Prohibited by the ESA Take’ is Prohibited by the ESA and Requires a Permit if it is and Requires a Permit if it is Expected to OccurExpected 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 The ESA permit is ESA permit is analogous to a fishing analogous to a fishing license, you must have it license, you must have it to be legal. to be legal.

•Any form of ‘Any form of ‘taketake’ is ’ is illegalillegal without a license without a license or permit.or permit.

Number of Corps Permits Issued Number of Corps Permits Issued Within the Action Area by Geographic Within the Action Area by Geographic

Domains with Endangered SpeciesDomains with Endangered Species

GEOGRAPHICDOMAIN

ESUs AFFECTED 2001(n = 143)

2002(n = 170)

2003(n=254)

Willamette/LowerColumbia

LCR Chinook, UWR Chinook, CRchum, LCR steelhead, UWRsteelhead

92 96 124

Interior Columbia SR fall-run Chinook, SR spring/summer-run Chinook, UCR spring-run Chinook, SR sockeye, UCRsteelhead, SR Basin steelhead,MCR steelhead

21 19 26

Oregon Coast OC coho 13 44 63

Southern Oregon/Northern California Coasts

SONC coho 17 11 41

SLOPES IV Programmatic SLOPES IV Programmatic Biological Opinion (PBO)Biological Opinion (PBO)

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 =

Standard

Local

Operating

Procedures for

Endangered

Species

Concept of Programmatic PermitsConcept of Programmatic Permits

• Streamline permitting and ESA consultation process for projects that are:Relatively Minor in impactsRepetitive in usageImpacts are Predictable

• Up front permit• Statewide authorization for 5-years• Only for species regulated by NMFS

(anadromous salmonid species)

Permit IncentivesPermit Incentives

• 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?

Restoration

Boulder Placement Piling Removal

Fish Passage Restoration

Set-Back (Dikes, Berms, Levees)

Spawning Gravel Restoration

Streambank Restoration

Large Wood Restoration

Water Control Structure Removal

Habitat Restoration

SLOPES IV - RESTORATION SLOPES IV - RESTORATION MODULEMODULE

Permit Issued February 22, 2008Permit Issued February 22, 2008

SLOPES IV –TRANSPORTATION SLOPES IV –TRANSPORTATION MODULEMODULE

Transportation Module

Major Hazard

Response

Streambank& Channel

Stabilization

MaintenanceRehabilitationReplacement

UtilityLine

StreamCrossing

To be complete

June ‘08

Design Criteria of ActionsDesign Criteria of Actions

1. Major Hazards

2. Streambank & Channel Stabilization

3. Maintenance, Rehabilitation and Replacement

4. Utility Line Stream Crossing

Types of Actions AuthorizedTypes of Actions Authorized

1. 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 Stabilization2. Streambank & Channel Stabilization

• 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 & 3. Maintenance, Rehabilitation & Replacement Replacement

• 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 Crossings4. Utility Line Stream Crossings

• 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 ActionsProcessing of New Actions

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

• Corps. & NMFS will review each application Slopes.nwr@noaa.gov

• Electronic notification and project tracking system

• 30-day approval process by NMFS & Corps.

• 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

Components/Conditions of Components/Conditions of PermitPermit

Conditions of Permit cont…Conditions of Permit cont…

• 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

• 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

Conditions of Permit cont…Conditions of Permit cont…

Site Restoration Action Plan Site Restoration Action Plan ComponentsComponents• 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 Compensatory Mitigation Action Plan ComponentsComponents

• 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 IVExclusions of SLOPES IV

• 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 Who Do You Contact With Questions?Questions?

• 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 ODOT’s BA Qualification TrainingTraining• 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 503-986-3840By E-mail: ODOT.HR.Training@odot.state.or.us

Greg Apke 503-986-3516Greg Apke 503-986-3516greg.d.apke@odot.state.or.usgreg.d.apke@odot.state.or.us

Questions?