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TABLE OF CONTENTS
I.
INTRODUCTION............................................................................................ 2
A.
B.
II.
PURPOSE OF MANUAL......................................................................................................... 2
USING THE MANUAL........................................................................................................... 2
III.
AQUATIC RESOURCES................................................................................2
A.
B.
C.
D.
E.
IV.
RELEVANT LAWS................................................................................................................ 2
PROTECTED SPECIES AND HABITAT........................................................................................ 2
PROCESS FOR EVALUATING AQUATIC RESOURCES.....................................................................2
DOCUMENTS..................................................................................................................... 2
HOT TOPICS..................................................................................................................... 2
WILDLIFE RESOURCES...............................................................................2
A.
B.
C.
D.
E.
V.
INTRODUCTION.................................................................................................................. 2
PLANNING........................................................................................................................ 2
STIP PROJECT LIFECYCLE.................................................................................................... 2
MAINTENANCE.................................................................................................................. 2
MISCELLANEOUS................................................................................................................ 2
RELEVANT LAWS................................................................................................................ 2
PROTECTED SPECIES AND HABITAT........................................................................................ 2
PROCESS FOR EVALUATING WILDLIFE RESOURCES....................................................................2
DOCUMENTS..................................................................................................................... 2
HOT TOPICS..................................................................................................................... 2
BOTANICAL RESOURCES................................................................................2
A.
B.
C.
D.
E.
VI.
A.
B.
C.
D.
RELEVANT LAWS................................................................................................................ 2
PROTECTED SPECIES AND HABITAT........................................................................................ 2
PROCESS FOR EVALUATING BOTANICAL RESOURCES..................................................................2
DOCUMENTS..................................................................................................................... 2
HOT TOPICS..................................................................................................................... 2
MISCELLANEOUS.......................................................................................2
USING CONSULTANTS......................................................................................................... 2
LINKS TO OTHER DISCIPLINES MANUALS................................................................................2
SAFETY ISSUES................................................................................................................. 2
USING THE PROJECT SPREADSHEET.......................................................................................2
TABLES
Table 1.
Table 2.
Table 3.
Table 4.
Table 5.
Table 6.
Table 7.
Table 8.
Table 9.
Table 10.
Table 11.
Table 12.
Table 13.
Table 14.
Table15.
Table 16.
Table 17.
Table 18.
Table 19.
Table 20.
Table 21.
Table 22.
Table 23.
Table 24.
Table 25.
Table 26.
Table 27.
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
28.
29.
30.
31.
32.
33.
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36.
37.
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40.
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44.
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Table
Table
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iii
I.
Introduction
A. Purpose of Manual
The ODOT Biology Manual (Manual) is a technical resource that presents biological
information, policies, and procedures relevant to transportation projects. The
Manual is designed to serve as a consolidated reference for the myriad of tasks
undertaken by the ODOT Biology Program staff. The ODOT Biology Program is
responsible for leading the compliance effort for federal, state, and local laws and
ODOT policies that pertain to aquatic species, terrestrial species, and ecological
systems during all phases of ODOT-managed transportation maintenance and
construction activities. The Biology Program also fosters the conservation and
enhancement of aquatic- and land-based biological resources during construction
and maintenance of the state highway system. The Biologists that serve in each
ODOT region play an integral role in carrying out this mission, and this Manual was
developed with their needs in mind. However, this compendium will also be useful
to other ODOT staff with biology-related questions.
Information on state and federal environmental regulations and key ODOT policies is
provided to aid staff in complying with the broad array of relevant mandates. The
Manual can also be used as a starting point for research on a variety of biological
issues, techniques, and species. For new staff, the Manual provides guidance on the
Biologists role in the ODOT project development process and maintenance
operation. Biology Program standards and procedures for fieldwork and the
preparation of environmental compliance documents are also addressed. The
Biology Manual is intended to be used in conjunction with other ODOT guidance
documents, such as the ESA Guidance Manual and the Water Resources Manual.
Links are provided throughout the Manual for the user to easily access relevant
ODOT publications and other recommended sources of in-depth information.
The ODOT Biology Manual is a living document that is revised on a regular basis to
account for new information and policies. ODOT strives to keep the Manual up to
date; however, it does not guarantee that the contents represent the most current
information available. The user bears the responsibility for verifying that actions
taken to comply with laws are based on the most recent version of the applicable
regulations and agency policies.
A list of Acronyms and Abbreviations is provided for the users reference.
II.
The ODOT project delivery lifecycle is a complete business process that begins with
planning and analysis of potential projects and ends when a project is constructed
and transferred to maintenance. The process has four stages:
1. Program Development
2. Project Development
3. Award Construction Contract
4. Construction Management
Each stage has component products and activities. Table 1 summarizes the primary
milestones associated with each stage of the ODOT project delivery lifecycle. The
stages are discussed in the sections that follow. For detailed information regarding
the project delivery lifecycle, refer to the 2009 ODOT Project Delivery Guide.
Table 1. ODOT Project Delivery Lifecycle Stages and Milestones
Stage
Program Development
Project Development
Stage Milestones
Transportation Planning
Management Systems Analysis
Identify Potential Projects
Draft Scope, Schedule, Cost Estimate Draft
Statewide Transportation Improvement Program
(STIP) (multiple projects)
Project Selection Final STIP
Start Project
Survey, Maps, Engineering & Environmental Reports
Approved Design
Right of Way & Permits
Preliminary Plans for Construction (Preliminary Plans)
Final Plans & Special Provisions (Advance Plans)
Plans, Specifications & Estimates for Construction
(PS&E)
Advertise & Bid Opening for Design / Bid / Build
Award Contract
Before On-Site Work Begins
Source: ODOT
Project
Delivery
Guide
(2009)
available
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle.
at
1. Program Development
Program development is where ODOT projects are created, beginning with
transportation planning that identifies needs at the state and local levels. As these
needs are revealed and explored, projects are born.
ODOT program development occurs on a two year budget cycle that culminates in
the preparation of a list of prioritized major projects and programs known as the
Statewide Transportation Improvement Program (STIP). The cycle ends (and
begins anew) when the Oregon Transportation Commission and FHWA approve the
biennial STIP. Identifying and planning for transportation needs is an ongoing
process with periodic reviews. As shown in Table 1, program development has five
major milestones, each with several processes and deliverables. Table 2 presents a
more detailed list and description of tasks associated with program development.
Tasks that ODOT Biologists may be involved with are highlighted in red.
Table 2. Program Development Tasks and Descriptions
Program Development
Tasks
Description
The Project Leader (PL) will assemble the scoping team based
on the resources assigned by the region. A broad-based, interdisciplinary scoping team is needed so that the product of
scoping truly considers all needsfrom concept through
maintenance, identifies critical issues and develops solutions.
The PL is responsible for assembling and distributing the
scoping packets. A scoping packet provides basic information
about the project. The packet will provide background
information to the scoping team so the team can become
familiar with the project and area.
The scoping trip is a chance for the team to visit the project
site and gather information that might not be available
elsewhere.
Based on the preliminary project "footprint, the assessment
of the ROW impacts results in a cost estimate of land and
damages.
During the Draft STIP phase the Region Environmental
Access Management
Mobility
Energy
Visual resources
The REC will document this information in the draft Project
Prospectus Part 3.
Access management is a comprehensive approach to the
management and regulation of driveways, medians, median
openings, traffic signals, and freeway interchanges. During
the Draft STIP phase a preliminary identification of possible
access management impacts must be documented in order to
complete the required deliverables.
Mobility is best defined as the ease with which people and
goods move throughout their community, state, and world.
During project scoping the project team needs to consider the
impacts on mobility and if a Transportation Management Plan
needs to be developed for the project.
After completing the scoping trips and compiling the
information, the Project Leader will need to complete the STIP
Scoping Summary Report. The STIP Scoping Summary Report
is broken down into six parts:
Project Scope of Work
Project Cost Estimate
Project Schedule
Project Approval
STIP Supporting Documentation
Draft Resource
Recommendations
Prepare Preliminary
Engineering and
Construction Estimate
Prepare Intergovernmental
Agreements
ODOT Biologists are not involved in all program development stages or milestones.
During program development, ODOT Biologists may only be involved in project
scoping and preparation of the project prospectus, and only in cases where it is
requested by the Region Environmental Coordinator (REC). As such, a Biologists
involvement in these activities will be discussed in further detail in following
sections.
2. Project Development
The majority of an ODOT Biologists responsibility and work load are associated with
the project development stage of the project delivery lifecycle. Table 3 includes a
list of project development milestones and tasks associated with each milestone.
Tasks that ODOT Biologists may be involved with are highlighted in red.
Table 3. Project Development Milestones and Tasks
Project
Developme
nt
Milestones
Project
Initiation
Tasks
Design
Acceptance
Phase (DAP)
Preliminary
Plans
Advance
Plans
Final Plans
Prepare
ROW
map
descriptions
Acquire ROW
Obtain ROW certification
Review and approve
relocation plans
and
utility
estimate
Plans
Specification
s&
Estimates
Closeout
checklist
Prepare final plan review
and completion
1.PDT
Membership,
Responsibilities
Roles
&
The Project Delivery Team (PDT) is the core unit that is tasked with delivery of a
project that meets the project needs, is delivered on time, and is within budget.
Table 4 includes a list of the members of a PDT. These teams are established for
each project in the STIP to ensure that the appropriate technical issues are
addressed in decision processes in a timely manner. The composition of this team
will vary depending on the project and will be consistent with its size and
complexity. The PDT is the appropriate group to establish project strategies, resolve
project issues, and ensure informed consent from project participants and
stakeholders.
Table 4. Project Delivery Team Members
Members of Project Delivery Team
ODOT Project Leader
ODOT Construction Project Manager, Assistant PM, Project Coordinator or designee
ODOT District or Area Maintenance Manager or designee
ODOT Roadway Engineering Designer or Design Team Leader
ODOT Region Environmental Coordinator or Environmental Project Manager (if applicable)
ODOT Bridge Engineering Designer or Design Team Leader (if structural design is needed)
ODOT Traffic Services Team Member
ODOT Region Right-of-Way Agent (if right-of-way or easements are needed)
ODOT Transportation Planner / Analyst (if major transportation alternative analysis is
needed)
Other ODOT staff, as needed (i.e. Aviation, Bicycle / Pedestrian, Transit, Traffic Safety,
Freight, Rail Crossing, Planning, etc)1
Local City and/or County Public Works, Planning or Community Development Department
representatives1
Other Federal, State or Local public agency representatives 1
These members may be added to the Team at the discretion of the initial Project Team.
Source: ODOTs Guidelines for Project Teams (1997) available at
http://www.oregon.gov/ODOT/HWY/PDU/docs/pdf/GuidelinesforProjTeams.pdf.
1
ODOT who are not decision-making members of the PDT, but are responsible for
specific technical tasks or are advisors in their areas of expertise as needed.
The core PDT is typically a small management group that provides overall strategy
and direction for the project. A resource team may be large, depending on the
scope and complexity of the project, but team members are expected to attend
meetings only as required. Resource team work is often coordinated through the
Region Environmental Coordinator or the Environmental Program Manager.
As a member of a resource team within the PDT, an ODOT Biologists role is to help
ensure a high quality and timely project. The ODOT Biologist has the authority:
For additional information regarding the PDT Membership, roles, and responsibilities,
refer to the Guidelines for Project Teams (1997).
Tasks
ODOT Biologists are typically not involved in the Construction Award stages or
milestones.
4. Construction Management
Construction management begins when Notice To Proceed (NTP) is issued to the
construction contractor. Construction management involves five milestones: before
on-site work begins, on-site work begins, on-site work is completed, acceptance of
the project, and the transition to maintenance. Table 7 provides a list of the
construction management milestones and a brief description of each. Tasks that
ODOT Biologists may be involved with are highlighted in red.
Table 7. Construction Management Milestones
Construction
Management Milestones
Description
ODOT sets the stage for the working relationship with the
construction contractor. ODOT ensures all requirements are
clear to the contractor before work begins. Before on-site
project work can begin, the contractor must:
Meet with the project manager at a pre-construction
conference (pre-con) to review:
An approved project work schedule
An approved traffic control plan (TCP)
An approved erosion and sediment control plan
(ESCP)
An approved pollution control plan (PCP)
The contractor may not start work on the project, unless
otherwise directed, until the Notice to Proceed is issued and
the contract has been executed. The notice is issued once:
The contractor has furnished proper bonds and
insurance
The
Disadvantaged
Business
Enterprise
commitment is met
Subcontractor compliance is met
The contract has been executed
Following the pre-con meeting(s), the Project Manager (PM)
will issue First Notification when the contractor commences
on-site work.
10
Acceptance of Project
Transition to
Maintenance
Before onsite work can begin, six tasks must be completed. Table 8 summarizes
these tasks. Tasks that ODOT Biologists may be involved with are highlighted in red.
Table 8. Tasks to be completed before onsite work begins
Tasks Before Onsite
Work Begins
Description
11
Pre-Award
Pre-Construction
Meeting1
Project Schedule
B. Planning
1. NEPA
The National Environmental Policy Act (NEPA) is the federal mandate that requires
consideration of the human environment in federal agency decision making. NEPA
establishes policy, sets goals, and provides the means for carrying out the policy.
NEPA contains "action-forcing" provisions to ensure that federal agencies act
according to the letter and spirit of the Act. NEPA also established the national
Council on Environmental Quality (CEQ). The CEQ NEPA regulations inform federal
agencies what they must do to comply with NEPA procedures and achieve the goals
of the Act. In addition, the Federal Highway Administrations implementing
regulations for NEPA can be found on the Government Printing Offices website.
NEPA requires that environmental information is made available to public and
agency officials and citizens before decisions are made and before actions are
taken. The NEPA process is intended to help public officials make informed decisions
ODOT Biology Manual
12
Class 1
Class 2
Description
Significant impacts to the natural or social environment that
cannot be fully mitigated or reversed. Requires the
preparation of a Draft and Final Environmental Impact
Statement (DEIS/FEIS) and the issuance of a Record of
Decision (ROD). These are typically very large projects (e.g.,
new controlled access freeways, projects of four or more lanes
on a new location). They may also be projects that completely
eliminate a resource (such as demolition of a historic bridge or
filling in a unique wetland).
Class 1 projects require environmental documentation and
design approval.
Very little individual or cumulative impact on the
environment; the natural and social environments will
essentially be the same as before the project was undertaken.
This is also known as a Categorical Exclusion. A Categorical
Exclusion
does
NOT
mean
exemption
from
other
requirements. It may require environmental studies or
clearances/permits
(e.g.,
biological
assessment,
106
documentation), but does not require an EA or EIS.
Environmental documentation for Class 2 projects is the
project classification document.
It is called the Project
Prospectus and the Part 3.
13
Class 3
(Note: most ODOT projects are Class 2; only a small percentage are classified as a Class 1 or
3.)
14
Concurrence at these four points does not replace each agencys official regulatory
decision that occurs at the completion of the EIS or EA. Instead of becoming
involved at the permitting stageafter ODOT has invested in what it hopes is a final
designCETAS members are involved earlier and can influence ODOTs decisions
through collaborative problem solving. While CETAS is intended to optimize agency
review efforts to ensure quicker permitting decisions, it is also intended to bring
about transportation projects with better environmental outcomes. The stated goal
of CETAS is to identify and implement collaborative opportunities to help each
participating agency realize its mission through sound environmental stewardship,
while providing for a safe and efficient transportation system.
For information regarding CETAS, refer to the CETAS Streamlining page on
ODOTs Geo-Environmental website.
2. Types of Projects
All Class 1, 2, and 3 projects go through the same project delivery stages (i.e.,
program development, project development, award construction contract and
construction management). However, not all projects include the same components
and activities during project development. The following sections discuss the
different types of projects that an ODOT Biologist may encounter.
i. Statewide Transportation Improvement
Projects (STIP)
The Statewide Transportation Improvement Program, known as the STIP, is Oregon's
four year transportation capital improvement program. It is the document that
identifies the funding for, and scheduling of, transportation projects and programs.
It includes federal, state, city, and county transportation system projects,
multimodal projects (highway, passenger rail, freight, public transit, bicycle and
pedestrian), and projects in the National Parks, National Forests, and tribal lands.
15
Federal law requires that the state adopt a new STIP every two years. The state
entrusts the Oregon Transportation Commission (OTC) to oversee the STIP process.
The STIP covers a four-year period and the cycle begins in even numbered years
(e.g. the 2006-2009 STIP). Many citizens and groups participate in developing the
STIP, including local and regional governments, tribal governments, federal
agencies, special advisory committees, and interest groups.
The STIP is a project scheduling and funding document. It is not a plan, but may
include planning and environmental studies that relate to potential construction
projects. It lists transportation projects that are approved for construction as well as
transit programs and other projects that are funded during the next three years. The
fourth year that is programmed in the STIP is advisory only and funding is not
obligated to those projects. Because the STIP is updated every two years, much of
the focus is on the third and fourth years of the cycle because those are the years in
which projects usually first appear in the STIP. Most of the projects that are
programmed in the first two years of a STIP cycle have simply moved up from years
three and four of the previous STIP cycle.
The STIP includes all major transportation projects and programs in Oregon that are
funded with federal dollars. It also includes state-funded projects that relate to the
state highway system, and regionally significant locally funded projects in
metropolitan areas that affect the states transportation system. The STIP does not
identify routine maintenance projects, but it does identify major pavement repairs
and overlays, especially those on interstate and regional highways.
Most projects in the STIP involve improvements to existing facilities, such as
repaving a highway, replacing a traffic signal, or protecting a road from a rock slide.
The STIP also includes project development work, such as engineering and
environmental studies for future projects, and earmarked projects that are
specifically designated in federal legislation. Table 11 lists the key participants in
development of the STIP.
16
The following sections describe the major programs that fund different types of STIP
projectsmodernization, preservation, operations, safety and special programs
and section IIC of the Manual reviews the lifecycle of a STIP project. For more
information regarding the STIP, refer to the ODOT STIP Users Guide and the
STIP page on ODOTs website.
a.
Modernization
Projects
Modernization projects add new capacity to the transportation system.
Modernization projects are divided into three classes based on the level of
environmental work needed: Class 1 (requires preparation of an EIS), Class 2
(Categorical Exclusion), and Class 3 (requires preparation of an EA). Table 12 lists
the types of modernization projects.
Table 12. Types of Modernization Projects
Types of Modernization Projects
New alignments, facilities, bypasses
New safety rest areas
Passing and climbing lanes, including:
Turn lanes
Acceleration and deceleration
lanes
High-occupancy vehicle lanes
Widening bridges to add lanes
Intersection improvements
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle
b.
Preservation
Projects
Preservation projects protect the states investment in the highway system. By
maintaining elements of the existing system, preservation work extends the service
life of existing infrastructure beyond what can be done through routine
maintenance. Preservation funding may not be used to increase capacity.
Preservation projects adhere to the environmental work classifications (Class 1,
Class 2, and Class 3). Table 13 lists the types of preservation projects.
17
c.
Operations
Operations projects increase the efficiency of the highway system, leading to safer
traffic operations and greater system reliability. Table 14 lists the four Operations
sub-programs and examples of the types of projects and activities they manage.
Table 14. Operations Sub-Programs and types of projects
Four Operations Sub-Programs
Signs, signals, and illumination
Intelligent Transportation Systems
Transportation demand management
Slides and rockfalls
Source: ODOT
Project
Delivery
Guide
(2009)
available
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle
at
Bridge
Bridge projects improve the safety and condition of the states bridges, overpasses,
tunnels and culverts (over six feet in length) beyond the scope of routine
maintenance. These projects vary from complete replacements to rehabilitation or
repair. Bridge projects also observe the environmental work classifications (Class 1,
Class 2, and Class 3). Table 15 includes a list of the different types of bridge
projects.
Table 15. Types of Bridge Projects
Bridge Projects
Bridge replacement
18
Overpass screening
Bridge rail end treatments
Seismic retrofitting
Painting and cathodic protection
Sound walls and earth retaining
walls
Improved railings
Sign, signal and illumination
supports
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle
e.
Safety
Most of projects in the STIP yield a safety benefit, but there are some projects that
fit into a separate safety category. There are five safety programs in this STIP
category and they are listed in Table 16.
Table 16. Five STIP Safety Programs
STIP Safety Programs
Highway
Safety
Improvement
Program
1. Rail
Crossing
Improvement
Program
2. Safety Investment Program
3. Safe Routes to School Program
4. High Risk Rural Roads Program
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle
19
strips
Railroad
improvements
crossing
f.
Special
Programs
There are some programs included in the STIP that meet special needs or
mandates. These special programs have funding that is more restrictive and
specific, as directed by state or federal law. Projects funded by these programs may
need as much as three years to develop and prepare for construction. Table 18
includes a list of the types of Special Programs.
Table 18. Types of Special Programs.
Special Programs
Bicycle and Pedestrian Program
Maintenance Program
Congestion Mitigation and Air Quality
National Scenic Byways Program
Public Lands Highways Discretionary
Program
Culvert
Replacement
and
Fish
Program
Rail and Highway Crossing Program
Recovery Program
Special City Allotment Program
Emergency Relief Program
Transportation Enhancement Program
Environmental Program
Transportation Growth Management
Immediate Opportunity Fund Program
Intelligent
Transportation
System
Program
Transportation Safety Program
Program
Source: ODOT
Project
Delivery
Guide
(2009)
available
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle
at
Further descriptions of many of these Special Programs are available in the ODOT
STIP Users Guide.
20
ODOTs local agency program is administered by the local agency liaisons. The
liaisons ensure that the projects meet federal and state requirements according
to established ODOT standards.
ODOT Biologists roles are different when they are involved with local agency
projects as compared to STIP projects. ODOT Biologists provide an oversight role
during project development of local agency projects because these projects are
usually out-sourced to consulting firms. ODOT Biologists may review the scopes of
work for the local agency liaison to ensure that the work proposed (hours and tasks)
is reasonable given the size and complexity of the project. In addition, ODOT
Biologists provide technical review of biology-related deliverables prior to submittal
to regulatory agencies. For example, if a consultant prepares a Biological
Assessment for a bridge replacement on a local agency project, the ODOT Biologist
would review the document for accuracy prior to submittal to NOAA Fisheries.
Finally, ODOT Biologists may help facilitate conversations and communication
between consultants working on local agency projects and regulatory agency staff
reviewing deliverables.
For additional information about the Local Agency Program, refer to the 2008 Local
Agency Guidelines
Clean Water
Emergency
Response
Maintenance Programs
Description
Develops and implements the federally mandated requirements of the
Clean Water Act and the Safe Drinking Water Act, including the National
Pollutant Discharge Elimination System (NPDES).
Sub-Programs:
Tree Management
Vegetation Management
Winter Maintenance Practices
ODOT has an important supporting role in emergency response and
disaster recovery. A functional transportation system is crucial for getting
emergency responders and life saving supplies where they need to go, and
in helping promote economic recovery after a disaster.
Sub Programs:
Emergency Operations
Public Works Mutual Aid
21
Field
Services
Maintenance
Services
Permits
The role of ODOT Biologists in maintenance projects is similar to their role in STIP
projects. The ODOT Biologist is responsible for developing a strategy for compliance
with relevant laws and regulations, conducting field surveys, and preparing
documentation demonstrating compliance with those relevant laws and regulations.
Funding for maintenance projects is primarily provided using state funds and, as
such, there is no federal nexus. Exceptions to this include situations when an
Emergency or Urgency has been declared by the ODOT District Maintenance
Manager, Transportation Maintenance Manager, Governor, or President.
Emergencies and Urgencies may include widespread flooding, downed trees,
landslides, etc. In cases where an Emergency or Urgency has been declared, FHWA
may authorize the use of federal relief funds or funds may be allocated through
Federal Emergency Management Agencys (FEMA) Public Assistance (PA) Grant
Program.
22
In April 2004, ODOT contracted with Oregon Bridge Delivery Partners (OBDP), a
private-sector firm, to manage the state bridge delivery program. OBDP is a joint
ODOT Biology Manual
23
venture formed by HDR Engineering Inc. and Fluor Enterprises Inc. Their charge is to
provide day-to-day support to the OTIA III State Bridge Delivery Program, ensure
quality projects at least cost, and manage engineering, environmental, financial,
safety and other aspects of the program.
The Oregon Transportation Commission, the Governor, and the Legislature have
placed increasing priority on Oregons bridge program and have shifted funds in
that direction during the past two biennia. The 2003-2005 bridge budget request is
more than a 100 percent increase over the 1997-1999 biennium. The percentage of
the ODOT Highway Fund budget allocated to the bridge program has more than
doubled in the same period. In 2003, the Legislature passed House Bill 2041, which
provides $1.3 billion for the replacement and repair of bridges on state highways.
ODOT Biologists are not often involved with OTIA projects. If an ODOT Biologist is
involved, it will be in an advisory capacity providing minimal oversight during
project development. This is because OTIA projects are entirely out-sourced to
consulting firms and OBDP provides consultant oversight during the development of
OTIA projects.
1. Scoping
Scoping occurs when projects are moved onto the STIP from the Oregon
Transportation Plan (OTP). The OTP is the overall policy document that directs
transportation investments for Oregon. The OTP calls for ODOT to undergo a
scoping process for each project where a team investigates the proposed site,
conducts an initial site reconnaissance, and develops the project scope and
prospectus. This process advances the potential project for possible inclusion into
the STIP. The scoping team also identifies deliverables that must be completed in
order to deliver a project that addresses the purpose and need. The scoping teams
investigation allows them to provide an initial recommendation on the delivery
method, timeline, and budget.
Once the STIP projects have been prioritized, ODOT Project Leaders are assigned
projects and they begin gathering relevant project information. The Project Leader is
responsible for preparing a scoping report for the proposed project. Table 21 lists
the elements included in a scoping report.
24
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project. Table 22 lists these potential tasks. In addition, project tasks and timing are
visually displayed in the Project Milestone Timeline.
Table 22. Roles of the ODOT Biologist during the Scoping Phase of a
Project
Role of ODOT Biologist during Scoping
1. Provide REC with input regarding biological elements of the project and potential
impacts to threatened and endangered species as part of the preparation of Part 3
of the Project Prospectus.
2. Provide REC with input regarding the types of biology-related reports that may be
necessary for the project. These reports may include a Biological Assessment, a
SLOPES IV compliance report, an ODFW Fish Passage Plan, a Botanical Clearance
Report, or a stormwater management plan.
3. Provide REC with input regarding avoidance of impacts to migratory birds.
4. Identify presence of listed or sensitive species that may be potentially affected by
the proposed project.
5. Provide the REC with the appropriate In-Water Work window for the stream(s) or
river(s) potentially affected by the proposed project.
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26
Part 1
Part 2
Part 3
2. Preliminary Engineering
i. Preliminary Plans (30% Design)
During this phase of project development, the project team prepares a Draft Design
Acceptance Package (DAP) for the purpose of identifying any major issues related to
the proposed project, identifying potential solutions, and proposing a project design.
The phase is a critical point of decision that establishes the boundaries of the
project footprint and allows for the concurrent Right-of-Way (ROW), permitting, and
construction contract document activities to move forward. DAP also addresses
environmental and land use requirements, and how they subsequently affect
permitting and the development of construction contract documents. DAP occurs at
the end of the initial design phase and requires all project disciplines to review the
design for balance of context with standards and policies. It is the primary
opportunity for both technical and non-technical stakeholders to review design
elements according to their specific interests.
This phase may involve the following tasks, depending on the scope and complexity
of the project: preliminary site surveying, mapping, alternatives analysis and
selection, environmental documentation, and public and agency involvement. Once
27
the DAP is reviewed by the Project Team, a Design Acceptance Workshop (DAW) is
convened to discuss changes to the design and to resolve project issues. The result
of this workshop is a Final DAP which identifies the preferred design proposed for
the project. When projects include the construction of a bridge, this phase also
includes the preparation of a Type, Size, and Location (TS&L) Report which provides
the proposed design for the bridge.
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project; Table 24 lists these potential tasks. In addition, project tasks and timing are
visually displayed in the Project Milestone Timeline.
Table 24. Roles of the ODOT Biologist during the Preliminary Plans Phase
of Project Development
Roles of ODOT Biologist during Preliminary Plans
28
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project; Table 25 lists these potential tasks. In addition, project tasks and timing are
visually displayed in the Project Milestone Timeline.
29
Table 25. Roles of the ODOT Biologist during the Advance Plans Phase of
Project
Roles of ODOT Biologist during Advance Plans
30
Pre-construction Meetings
Prior to initiation of onsite work, the contractor must meet with the Construction
Project Manager for a pre-construction conference (pre-con). The pre-con sets the
stage for the working relationship with the contractor at the beginning of a project.
A pre-con can be either one meeting or a series of smaller meetings that are
scheduled by the Construction Project Manager to occur before the start of each
critical phase of construction (e.g., paving or bridge deck work).
There are several objectives to be accomplished and topics to be discussed during a
pre-con, such as establishing the lines of communication and reviewing the project
schedule, project safety, potential utility conflicts, the Traffic Control Plan,
subcontracting, labor compliance, and materials.
Persons who should attend a pre-con include key personnel from the contractor and
its subcontractors, affected utilities, the PM and crew, the local agency liaison if the
project is a local government project, and other appropriate personnel, such as
designers, FHWA staff, and maintenance staff, who will be involved with the project.
These meetings may be held onsite or offsite. When a project involves complex
environmental elements (e.g., in-water work, fish salvage, loud construction
activities in proximity to listed avian species, etc.), it is appropriate for the ODOT
Biologist to attend the pre-con. At that time, the biologist can review the special
provisions or aspects of the biology-related elements of the project prior to
beginning construction to help the contractor adhere to the project design. This is
especially critical when specific Terms and Conditions or mitigation measures are
required as part of the Biological Opinion or Letter of Concurrence.
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project. Table 27 lists these tasks.
Table 27. Roles of the ODOT Biologist during the Pre-Construction Meeting
for a Project
Roles of the ODOT Biologist during Pre-Construction Meetings
1. Review special provisions with contractor prior to onsite work.
2. Lay the groundwork for frequent and open communication with the contractor to
facilitate effective implementation of the environmental aspects of the project (as
31
necessary).
3. Review special design elements that the contractor may not be familiar with (e.g.
bat boxes, wildlife passage strategies, noxious weed removal, etc.).
2. Construction Monitoring
During the construction phase of the project, ODOT staff members (including the
Biologist) may be responsible for monitoring the contractor during construction
activities to ensure that conditions in the approved permits and any other special
provisions are met. In addition, monitoring may be required after the project is
constructed to ensure that the mitigation is being carried out and is performing in
accordance with the mitigation plan.
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project. Table 28 lists these tasks. In addition, project tasks and timing are visually
displayed in the Project Milestone Timeline.
Table 28. Roles of the ODOT Biologist during the Construction Monitoring
for a Project
Roles of ODOT Biologist during Construction Monitoring
3. If deficiencies are noted during a site visit, the Biologist will work with the ODOT REC
and ODOT Construction Project Manager to ensure the problem is rectified in a
timely manner.
4. Prepare in-water work extension requests and/or BA/BO revisions to submit to the
appropriate regulatory agencies (e.g. NOAA Fisheries, ODFW, Corps, or DSL) as
needed.
5. Provide approval of the first-year plant establishment to the contractor and/or
Construction PM during transition to maintenance for projects involving restoration
or mitigation activities.
6. Ensure the As-Built plans are included as part of the maintenance project files.
7. Conduct site visit(s) to oversee or review the planting / reseeding effort in
disturbed / restored areas.
Note: It is not the ODOT Biologists role to direct the contractor during construction. The
ODOT Biologist must work through the ODOT Construction Office to address any complaints
or deficiencies with the construction activities.
D. Maintenance
An ODOT Biologists role is different when they are involved with maintenance
projects as compared to STIP projects or Local Agency projects. The ODOT REC is
the primary point of contact for maintenance personnel for questions or concerns
related to environmental issues. The REC may request input from the ODOT
ODOT Biology Manual
32
Maintenance Activities
Accident Clean-up (Activity 149)
Guardrail Cleaning (Activity 154)
Anti-icing and De-icing (Activity 176)
Guardrail Replacement (Activity 151)
Attenuator Maintenance (Activity 153)
Sanding and Pre-wetting (Activity
Bridge Maintenance (Activity 160 or
171)
Settlements and Slides (Activity 181)
163)
Bridge Repair (Activity 162)
Shoulder Blading and Repair (Activity
Bridge Vegetation (Activity 160 or
111)
Shoulder Rebuilding (Activity 112)
133)
Channel Maintenance (Activity 124)
Sign Installation (Activity 142 or 143)
Culvert / Inlet Repair (Activity 123)
Snow and Ice Removal (Activity 170)
Culvert and Inlet Cleaning (Activity
Spraying (Activity 131)
Stockpiling (Activity 081)
121 or 129)
Stormwater Management
Ditch Shaping and Cleaning (Activity
Striping (Activity 140 or 141)
120)
Surface Work (Activity 100-110)
Dust Abatement
Sweeping / Flushing (Activity 116 or
Emergency
Maintenance
(Activity
117)
180)
Vegetation Management (Activity 130,
Erosion Repair (Activity 122)
Extraordinary Maintenance (Activity
132, 133, or 136)
The Blue Book is intended to provide direction for routine road maintenance
activities, the operation and maintenance of maintenance yards, other maintenance
sites, and the repair and operation of maintenance equipment.
It is important to remember that the Blue Book does not cover all maintenance
activities. In particular, the Blue Book does not cover activities that may affect
species under USFWS jurisdiction (e.g., Northern Spotted Owl, Marbled Murrelet,
etc.) or activities that require a permit from the Corps. Herbicide spray is also not a
covered activity in the Blue Book.
In cases where the Blue Book is not applicable, the ODOT Biologist must work with
the ODOT REC to develop an appropriate course of action for the project that
addresses potential impacts to water quality as well as threatened and endangered
species. This course of action may include the preparation of a Biological
Assessment, SLOPES IV Compliance Report, Botanical Clearance Report, or ODFW
Fish Passage Plan.
ODOT Biology Manual
33
For additional information, refer to ODOTs Blue Book. The Blue Book and its
applicability will be further discussed in the ODOT Blue Book Topic Sheet.
E. Miscellaneous
This section serves as a placeholder for material that may be included in the future.
III.
Aquatic Resources
The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to Aquatic Resources. Section A includes a discussion of the relevant federal,
state, and local laws. Sections B and C include discussions of protected species and
habitat, as well as the process for evaluating aquatic resources. Section D includes
guidance on the preparation of documents relevant to Aquatic Resources and
Section E includes information on a number of Aquatic Resource Hot Topics.
A. Relevant Laws
Although the Federal Endangered Species Act is the primary law that drives the
majority of an ODOT Biologists work, there are many other relevant federal, state,
and local laws. The following sections discuss the federal, state, and local laws that
are applicable to Aquatic Resources.
1. Federal Laws
ODOT Biologists must be familiar with the following federal laws and regulations.
Click on each law to be directed to a Topic Sheet regarding each of the following
federal laws and how they apply to ODOT projects.
2. State Laws
ODOT Biologists must be familiar with the following state laws and regulations. Click
on each law to be directed to a Topic Sheet that addresses each of the following
state laws in detail.
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3. Local Laws
Depending on the size, scope, and complexity of a project, as well as the location,
there may be city, county or special district laws that are applicable to a particular
project. It is important to check with the Project Leader or Permit Specialist to
determine if there are applicable local laws that require the ODOT Biologists input
or expertise.
In ODOT Regions 1 and 4, it may be necessary to prepare permits for proposed
activities conducted within the Columbia River Gorge National Scenic Area
(CRGNSA). The permit approval process is overseen by the Columbia River Gorge
Commission. Information regarding the Columbia River Gorge Commission and the
CRGNSA permitting process can be found on the Columbia River Gorge
Commissions website.
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36
ii.
Bull Trout
Bull trout (Salvelinus confluentus) are members of the char subgroup of the salmon
family. Historically, bull trout occurred throughout the Columbia River Basin and the
Pacific Northwest. Today, bull trout are found primarily in upper tributary streams
and several lake and reservoir systems. For more information about Bull Trout, refer
to the USFWS Bull Trout Fact Sheet.
iii.
Green Sturgeon
Sturgeon are a family of large, ancient, bottom-dwelling fish. Green sturgeon
(Acipenser medirostris) are believed to spend the majority of their lives in nearshore
oceanic waters, bays, and estuaries. For additional information about Green
Sturgeon, refer to the North American Green Sturgeon page on NOAA Fisheries
website. In addition, refer to the Green Sturgeon Topic Sheet.
iv.
Pacific Eulachon
Due to the recent proposal to list Pacific eulachon (Thaleichthys pacificus), it is
necessary for ODOT Biologists to be familiar with this species. In March 2009, NOAA
Fisheries proposed listing Pacific eulachon as Threatened under the Endangered
Species Act. Eulachon, also known as Columbia River smelt, Pacific smelt,
candlefish, or hooligan, are found in the northeastern Pacific Ocean. This proposed
listing would include the southern distinct population segment (DPS) of eulachon.
This species ranges from northern California to southwest Alaska and into the
southeastern Bering Sea. Smelt typically spend three to five years in saltwater
before returning to freshwater to spawn in late winter through mid spring.
For more information regarding eulachon, refer to the Federal Register Notice for
the proposed listing as well as the eulachon page on NOAA Fisheries website for
Other Marine Species (State Listed Species).
v.
Oregon Chub
The Oregon chub (Oregonichthys crameri) is a small fish that is endemic to the
Willamette River Valley of western Oregon. Current distribution of Oregon chub is
limited to approximately 20 known naturally occurring populations and four recently
introduced populations. The populations are found in the Santiam River, Middle Fork
Willamette River, Coast Fork Willamette River, McKenzie River, and several
tributaries to the Willamette River downstream of the Coast Fork / Middle Fork
confluence. For additional information about Oregon Chub, refer to the Oregon
Chub Topic Sheet.
vi.
Lost River Sucker
The Lost River sucker (Deltistes luxatus) is a large, long-lived, bottom-feeding fish
species that is distinguished by unique triangular-shaped gill structures. The Lost
River sucker was federally listed as endangered in 1988 and critical habitat was
proposed in 1994, but not designated. This species inhabits the deeper water of
lakes and spawns in springs or tributary streams upstream of the home lake.
37
Agricultural development and associated water and land use changes in the
Klammath Basin have contributed to the significant loss of available sucker habitat.
Currently, the Lost River sucker occupies only a fraction of its former range and is
restricted to a few areas in the Upper Klamath Basin, such as the drainages of
Upper Klamath Lake, Tule Lake, and Clear Lake. The Lost River sucker Species
Fact Sheet on the USFWS Oregon Fish and Wildlife website contains additional
information about this species.
vii.
Shortnose Sucker
The Shortnose sucker (Chasmistes brevirostris) is a bottom-feeding fish species that
is distinguished by its large head; oblique, terminal mouth; and thin, fleshy lips. The
Shortnose sucker was listed as endangered in 1988. Critical habitat was proposed in
1994, but not finalized. Early records indicate that the Shortnose sucker was once
widespread and abundant in the upper Klammath Basin of Oregon and California.
The Shortnose sucker inhabits deeper water of lakes and spawns in springs or
tributary streams upstream from its home lake. Agricultural development and
associated water and land use changes in the Klammath Basin have contributed to
the significant loss of available sucker habitat. Currently, the Shortnose sucker is
restricted to a few areas in the Upper Klamath Basin, such as the Upper Klamath
Lake, Tule Lake, and Clear Lake drainages. The Shortnose sucker Species Fact
Sheet on the USFWS Oregon Fish and Wildlife website contains additional
information about this species.
viii.
Marine Mammals
ODOT Biologists must be familiar with various marine mammals that may be
potentially affected by proposed projects, especially those occurring in areas along
Oregons coastline in Regions 2 and 3. For more information about marine
mammals, refer to NOAA Fisheries Marine Mammals page and NOAA Fisheries
ESA-Listed Marine Mammals page.
3. Habitat
i.
Critical Habitat
The ESA requires that the federal government designate critical habitat for any
species it lists under the ESA. The ESA defines critical habitat as:
(1) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of section
4 of the Act, on which are found those physical or biological features
(constituent elements) (a) essential to the conservation of the species and
(b) which may require special management considerations or protection;
and (2) specific areas outside the geographical area occupied by the
species at the time it is listed in accordance with the provisions of section
4 of the Act, upon a determination by the Secretary that such areas are
essential for the conservation of the species (ESA 3 [5][A]).
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The ESA protects critical habitat by requiring that all federal agencies ensure that
any actions they authorize, fund, or carry out are not likely to destroy or adversely
modify designated critical habitat. These requirements apply only to federal agency
actions, which includes FHWA funding of ODOT projects.
For additional information about critical habitat, refer to the ESA Critical Habitat
section on NOAA Fisheries website. This website provides maps of the critical
habitat for species under NOAA Fisheries jurisdiction. In addition, the USFWS has an
online interactive tool that provides maps of critical habitat under USFWS
jurisdiction. ODOT also maintains GIS layers with critical habitat information for
listed species found in Oregon.
ii.
Essential Fish Habitat (EFH)
As part of the Magnuson-Stevens Act, Congress mandated the identification of
essential fish habitat for managed species. The act also requires measures to
conserve and enhance the habitat needed by fish to carry out their life cycles.
These habitat conservation provisions were added in recognition of the importance
of fish habitat to the productivity and sustainability of U.S. marine fisheries. For
additional information about EFH, refer to the Salmon Essential Fish Habitat
page on NOAA Fisheries website and the Essential Fish Habitat Topic Sheet.
2. Fish/Habitat identification
ODOT Biologists can find tools to assist with fish identification at the following
websites:
39
3. ORNHIC
The Oregon Natural Heritage Information Center (ORNHIC) maintains a
comprehensive database of rare, threatened, and endangered species observation
data that can be used to identify the species that may potentially be affected by a
proposed project. ODOT Biologists can access this database by utilizing ODOTs
internal ORNHIC GIS layer. ODOT Geo-Environmental has provided training for
utilizing these data in the past and these materials can be accessed here. For more
information on the ORNHIC database, refer to ORNHICs website or refer to the
ORNHIC Topic Sheet. In addition, ORNHIC prepared a booklet that includes
distribution information on the rare, threatened and endangered species of Oregon.
4. Liaisons
As part of the CETAS program, ODOT implemented a regulatory liaison program in
which ODOT funds several positions at the various resource agencies. Table 30 lists
the regulatory agencies at which ODOT is currently funding liaison positions as well
as the number of positions at each agency.
Table 30. Regulatory Liaison Agencies and positions
Regulatory Agency
NOAA Fisheries1
USFWS1
USACE1
DEQ1
DSL1
ODFW1
USDA
APHIS
Services
1
Number of
Positions
Wildlife
3
3
2
2
2
4
positions
positions
positions
positions
positions
positions
1 position
The regulatory liaisons that provide assistance with aquatic resource issues.
Contact information for each of the ODOT regulatory liaisons can be found on the
ODOT Geo-Environmental Biology Page under Liaison Contacts. The regulatory
liaisons that provide assistance with aquatic resource issues are those at NOAA
Fisheries, USFWS, USACE, DEQ, DSL, and ODFW.
The regulatory liaison program is designed to facilitate a smooth and efficient
environmental review process. ODOT Biologists are encouraged to contact the
appropriate regulatory liaison when necessary during the development of a project.
A number of examples of appropriate occasions for contacting a regulatory liaison
are included in Table 31.
Table 31. Liaison Contact Examples
Regulatory Liaison Contact Examples
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D. Documents
ODOT Biologists are responsible for preparing many types of resource assessment,
planning, and reporting documents that are relevant to Aquatic Resources. The
following section provides information on the preparation of No Effect
Memorandums, Biological Assessments, Fish Passage Plans, Monitoring Reports,
Stormwater Management Plans, and Fish Salvage Reports.
1. No Effect Memos
As stated in the ODOT BA Guidance Manual, a No Effect Memorandum (NEM) can
be prepared if the proposed action will literally have no effect whatsoever on the
species and / or critical habitat, not a small effect or an effect that is unlikely to
occur. Table 32 includes examples of scenarios when a NEM may be appropriate.
Table 32. No Effect Memorandum Scenarios
NEM Scenarios
A listed species is not present in the project site or action area (if the action will not
have an effect on a listed species) and the project is located outside of designated
critical habitat.
No suitable habitat is located within the project area or action area.
There is no increase in impervious surfaces.
There is no in-water work required.
There is no vegetation removal work required for construction activities.
When preparing a NEM, ODOT Biologists may find it helpful to utilize the ODOT NEM
Outline [INSERT LINK TO NEM OUTLINE] and / or the ODOT NEM Checklist /
Template. In addition, refer to the ODOT NEM Example documents [INSERT LINK TO
NEM EXAMPLES] for NEMs prepared for projects in the past.
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Beneficial Effects:
Contemporaneous positive effects without any
adverse effects to the species or habitat.
Discountable Effects: Effects that are extremely unlikely to occur. Based
on best professional judgment, a person would not be able to meaningfully
measure, detect, or evaluate insignificant effects; or expect discountable
effects to occur.
Insignificant Effects:
Effects that relate to the size of the impact and
should never reach the scale where take of listed species can occur.
Through the submittal of the BA, ODOT is requesting concurrence from the
regulatory agencies and that they issue agreement with the BA in the form of a
Letter of Concurrence (LOC).
ii. Likely to Adversely Affect (LAA) BA
As stated in the ODOT BA Guidance Manual, a May Affect and is Likely to
Adversely Affect (LAA) determination is appropriate when there is more than a
negligible potential to have adverse effects on the species or critical habitat. NOAA
Fisheries, USFWS, and the BLM define adverse effects to anadromous salmonids as
follows:
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43
The BA is submitted to the USFWS or NOAA Fisheries, or both (i.e., the Services)
depending on the listed species that are addressed in the BA. For example, if a BA
addresses Chinook salmon (species under NOAA Fisheries) and marbled murrelets
(species under USFWS), the BA must be submitted to both regulatory agencies and
separate BOs will be issued.
A BA transmittal letter is prepared by the ODOT Biologist to accompany the BA
when it is submitted to the federal nexus agency by ODOT. Information that the
federal agency needs for inclusion in their transmittal letter to the Services should
also be included in the ODOT submittal letter.
b. Consultation Timelines
The regulatory agencies have 60 days to review an NLAA BA (Informal Consultation)
and up to 135 days to review an LAA BA (Formal Consultation). Early and frequent
coordination with regulatory liaisons is an essential element for streamlining this
process. In order to receive the LOC / BO in adequate time, it is helpful to keep in
mind the following timelines.
NLAA BA: Submit approximately four months prior to release of the Final
PS&E package or as agreed to with the PDT.
LAA BA:
Submit approximately eight months prior to release of the final
PS&E package or as agreed to by the PDT.
iv. Templates
All BAs prepared for ODOT projects (by ODOT Biologists or consultants) should be
prepared according to the ODOT BA Template. In addition, there are templates for
other documents associated with a BA. Follow the links below to access these
templates.
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v. Example Documents
Refer to the ODOT BA Example documents [INSERT LINK TO BA EXAMPLES] for
BAs prepared for projects in the past.
vi. Programmatic Permits
Similar projects with recurring minor impacts to the same species can be considered
for a programmatic consultation with the Services. The purpose of a programmatic
consultation is to streamline the Section 7 consultation process.
ODOT Biologists can utilize the Programmatic Biological and Magnuson-Stevens
Fishery Conservation and Management Act Essential Fish Habitat Consultation for
Revisions to Standard Local Operating Procedures for Endangered Species to
Administer Maintenance or Improvement of Road, Culvert, Bridge and Utility Line
Actions Authorized or Carried Out by the U.S. Army Corps of Engineers in Oregon
(SLOPES IV) to expedite certain types of consultation that are covered under this
programmatic BA. For information about the SLOPES IV programmatic BA, refer to
SLOPES IV Topic Sheet. In addition, refer to the ODOT SLOPES IV Example
documents to review how compliance documentation has been prepared for
projects in the past.
Although not technically a programmatic BA, the ODOT Routine Road Maintenance
Program (Blue Book) effectively functions as a programmatic BA because it can be
applied to cover a range of commonly utilized ODOT practices and activities. For
information regarding the Blue Book, refer to the Blue Book Topic Sheet.
In the future, ODOT may develop additional programmatic BAs. This section will be
updated as those documents become available.
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It is the intent of state fish passage laws that, in most cases, Option #1 should be sought and
passage should be provided at the artificial obstruction.
1
ODFW provides templates for submitting the required information associated with
each of the three options. Click on the links below to access these templates.
In addition, refer to the ODOT Fish Passage Example documents (INSERT LINK TO
Fish Passage Examples) for ODFW Fish Passage plans prepared for ODOT projects.
ii. NOAA Fisheries
NOAA Fisheries outlined their fish passage requirements in the 2004 Draft
Anadromous Salmonid Passage Facility Guidelines and Criteria. This
document provides criteria, rationales, guidelines and definitions for the purpose of
designing proper fish passage facilities for the safe, timely and efficient upstream
and downstream passage of anadromous salmonids at impediments. Impediments
may be created by man-made structures, natural barriers (where provision of fish
passage is consistent with management objectives), or altered in-stream hydraulic
conditions. Each fish passage facility should be designed to pass migrants
throughout a design stream flow range, bracketed by a designated high and low
design passage flow.
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Culverts
Roughened chutes
Fish Ladders or any structure resembling such an intent
Constructed stream grades and channels
Dikes
Dams
Permanent water diversions
Tidegates
Any bridge design that does not meet the intent or design criteria of SLOPES IV 1
A design variance / exemption that is associated with a project that is to be included
as part of a NOAA Fisheries issued Programmatic Opinion1
Temporary water management (e.g. diversions, stream piping, and dam placement) 1
The consulting NOAA Fisheries Biologist / NOAA Fisheries Branch Chief will use their expertise and
discretion to determine if review by a NOAA Fisheries Engineer is appropriate for these activities.
1
4. Monitoring Reports
The Geo-Environmental Section provides standards and procedures for ODOT to
streamline environmental compliance procedures. This includes biological
monitoring, which is typically required as a condition of biological permits, such as
federal and state ESA incidental take permits and state fish passage permits.
Resources have been developed to support biological monitoring efforts, including a
database, template reports, field checklist, GIS files, and GPS/field mapping
applications. Refer to the Biology Monitoring Guidance page on ODOTs GeoEnvironmental website for the latest information and guidance.
This website contains resources for ODOT Environmental employees (and
consultants on ODOT projects) to complete the most common biological monitoring
requirements for mitigation projects owned by ODOT. The monitoring guidelines
described on the website do not apply to mitigation banks, Special Management
Areas, mitigation for 4(f) resources, or local agency-owned projects funded by ODOT
or FHWA programs.
In addition, refer to the ODOT Monitoring Report Example documents for
monitoring reports prepared for projects in the past.
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48
In addition, refer to the ODOT Fish Salvage Report Example documents [INSERT LINK
TO FISH SALVAGE REPORT EXAMPLES] for fish salvage reports prepared for other
ODOT projects.
Fish salvage report must be submitted to NRU so that an annual report summarizing
statewide activities can be generated and submitted to ODFW and NMFS.
E. Hot topics
The following section includes information on various hot topic issues with which
ODOT Biologists may need to be familiar as part of their job responsibilities. They
include Mitigation / Restoration, Emergency / Urgency Situations, Stormwater
Management, Specifications, Construction, ODOT Fish Passage Program, Aquatic
Amphibians, and Non-Native Aquatic Species.
1. Mitigation / Restoration
During the construction and maintenance of ODOT projects, it may be necessary to
impact sensitive aquatic species and / or habitat. In order to offset or compensate
for these impacts, ODOT may implement mitigation strategies in the form of
restoration, mitigation banking, and /or enhancement to aquatic resources.
ODFW has outlined a Fish and Wildlife Habitat Mitigation Policy (OAR 635-415-0000)
with the purpose of providing consistent goals and standards for mitigating impacts
to fish and wildlife habitat caused by land and water development actions. Refer to
the Mitigation / Restoration Topic Sheet for additional information regarding
ODFWs policy.
ODOT also developed a Mitigation Banking Program in close collaboration with the
regulatory and resource agency Mitigation and Conservation Bank Review Team
(MCBRT). The Mitigation Program is responsible for the development and
establishment of ODOT mitigation banks, individual site mitigation monitoring and
maintenance, standards, QA, and processes and procedures for individual site
mitigation. Table 37 includes a list of the goals of the Mitigation Banking Program.
Table 37. Mitigation Banking Program Goals
Mitigation Banking Program Goals
1. Create a more flexible, ecologically responsive, and streamlined approach for
addressing natural resource management needs in a permitting context
2. Support ODOTs transportation mission, while also addressing (and complimenting
where possible) the missions of state and federal agencies charged with natural
resource management and regulation.
Refer to the Mitigation Conservation Banking page on ODOTs GeoEnvironmental website and the Mitigation Banking Topic Sheet for additional
information.
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3. Stormwater Management
As mentioned previously, although most ODOT Biologists are not responsible for
preparing stormwater management plans, it may be necessary to be familiar with
the concepts and elements that are involved with the preparation of these
documents. For additional information regarding stormwater management concepts,
refer to the Stormwater Management Topic Sheet.
Additional information regarding stormwater management can be found in the
ODOT Water Resources Manual (Coming June 2010), specifically Chapter 6
(Stormwater Conveyance and Flow Control, Chapter 7 (Water Quality), and Chapter
8 (Stormwater Treatment).
4. Specifications
The Specifications Program is provided through the Office of Project Letting which is
a unit of the Technical Services Traffic-Roadway Section. Specifications are a list of
requirements and stipulations that are including in the contracting documents for a
project.
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i. Standard Specifications
Standard specifications are specifications that are included as part of the
contracting documents of every project. Currently, ODOT is using the 2008 version
of the Standard Specifications and they can be accessed at ODOTs Standard
Specifications page on ODOTs Specifications website.
Biology-specific standard specifications can be found in Section 200 (Temporary
Features and Appurtenances) and Section 1000 (Right-of-Way Development and
Control) of the Standard Specifications. Table 38 includes a list of biology-specific
standard specification sections and their scope.
Table 38. Biology-related Standard Specifications
Standard Specification Sections
Section
Topic
Scope
Section 280
Section 290
Environmental
Protection
Section 1030
Seeding
Section 1040
Planting
ii.Special Provisions
Special provisions include additional information or changes to the Standard
Specification language. The steps for incorporating special provision language into
contract documents are as follows:
STEP 1:
The ODOT Biologist goes to the Project Team Leader to discuss
any proposed Special Provisions that would supplement the Standard
Specifications.
51
STEP 2:
The Project Team Leader shares the proposal with the Project
Delivery Team and Construction Project Manager. .
STEP 3:
The ODOT Biologist coordinates with the specification writer to
draft the appropriate language for the Special Provisions.
STEP 4:
The Project Team Leader reviews the proposed special provision
language with a focus on implementation into the contract documents.
ODOT maintains boiler plate Special Provisions that can be tailored to address the
specific needs of a particular project. For example, an ODOT Biologist can include
the specific information regarding a designated staging and/or disposal site by
utilizing the boiler plate Special Provision language for Section 290 (location,
access, and acreage of available area). The boiler plate Special Provision language
is available on the 2008 Boiler Plate Special Provisions page on ODOTs
Specifications website. ODOT Biologists can amend each applicable section of
the Boiler Plate Special Provision language so that it meets the needs of a specific
project.
Additional guidance on how to determine the cost of various measures included in
the specifications can be accessed from the Estimating page on ODOTs
Specifications website
iii. Standard Drawings
Biology-related Standard Drawings of common project elements will be available at
this location [INSERT LINK TO STANDARD DRAWINGS PLACEHOLDER] as ODOT
compiles a list of useful documents. These Standard Drawings may be helpful as
ODOT Biologists prepare Special Provisions for a proposed project.
5. Construction
ODOT Biologists may be involved during the construction phase of project. As part
of this involvement, it is helpful to be familiar with the following concepts and
activities.
i. Pre-Construction Meeting
A pre-construction meeting (pre-con) is conducted prior to the commencement of
onsite work by the contractor. It consists of a meeting between the contractor and
the ODOT Construction PM following NTP. Refer to the Pre-Construction Meeting
Topic Sheet [INSERT LINK to PRECON TS] for additional information
ii. In Water Work
During the construction of a project, it may be necessary for the contractor to
conduct work below the Ordinary High Water Mark (OHWM) of a stream, river, or
other water body. Typical scenarios include replacement of a bridge over a stream
and / or replacement of a culvert under a highway. In-Water work must be
conducted according to the 2008 Oregon Guidelines for Timing of In-Water Work to
Protect Fish and Wildlife Resources. The In-Water Work Timing Guidelines are
52
7. Amphibians
It may be helpful for an ODOT Biologist to be familiar with commonly encountered
aquatic amphibians. Information regarding aquatic amphibians is provided in the
Aquatic Amphibians Topic Sheet [LINK TO AQUATIC AMPHIBS TOPIC SHEET].
8. Non-native species
During fish salvage operations, ODOT Biologists may capture or come across nonnative aquatic species. Certain types of non-native aquatic species have the
ODOT Biology Manual
53
IV.
Wildlife Resources
The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to Wildlife Resources. Section A includes a discussion of the relevant federal,
state, and local laws. Sections B and C include a discussion of protected species and
habitat, as well as the process for evaluating wildlife resources. Section D includes
guidance on the preparation of documents relevant to Wildlife Resources and
Section E includes information on a number of Wildlife Resource Hot Topics.
A. Relevant Laws
Although the Federal Endangered Species Act is the primary law that drives the
majority of an ODOT Biologists work, there are many other relevant federal, state,
and local laws. The following sections discuss the federal, state, and local laws that
are applicable to Wildlife Resources.
1. Federal Laws
ODOT Biologists must be familiar with the following federal laws and regulations.
Click on each law to be directed to a Topic Sheet regarding each of the following
federal laws and how they apply to ODOT projects.
2. State Laws
ODOT Biologists must be familiar with the following state laws and regulations. Click
on each law to be directed to a Topic Sheet that addresses each of the following
state laws and initiatives.
3. Local Laws
Depending on the size, scope, and complexity of a project, as well as the location,
there may be city, county or special district laws that are applicable to a particular
project. It is important to check with the Project Leader or Permit Specialist to
54
determine if there are applicable local laws that require the ODOT Biologists input
or expertise.
In ODOT Regions 1 and 4, it may be necessary to prepare permits for proposed
activities conducted within the Columbia River Gorge National Scenic Area
(CRGNSA). The permit approval process is overseen by the Columbia River Gorge
Commission. Information regarding the Columbia River Gorge Commission and the
CRGNSA permitting process can be found on the Columbia River Gorge
Commissions website.
Scientific Name
Martes pennant
Spermophilus washingtoni
Coccyzus americanus
Eremophila
alpestris
strigata
Rana luteiventris
Rana pretiosa
Euphydryas editha taylori
Polites mardon
55
4. Habitat
i. Critical Habitat
The ESA requires that the federal government designate critical habitat for any
species it lists under the ESA. The ESA defines critical habitat as:
(1) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of
section 4 of the Act, on which are found those physical or biological
features (constituent elements) (a) essential to the conservation of the
species and (b) which may require special management considerations
56
2. Survey Protocols
Regulatory agencies and research groups have developed customized survey
protocols that should be used when conducting surveys for particular species. Table
39 includes a list of these protocols and links to the documents.
Table 40. List of Wildlife Survey Protocols
Species
Scientific Name
Marbled Murrelet
Brachyramphus
marmoratus
Branchinecta lynchi
57
General Bird
n/a
American Peregrine
Falcon
Under certain circumstances, ODOT may decide to forego protocol surveys for a
particular listed species and assume presence of that listed species. The decision
to assume presence may be made, for example, if there is not sufficient time or
funds to undertake protocol surveys. For additional information about assuming
presence, refer to the Assuming Presence Topic Sheet [INSERT LINK TO ASSUMING
PRESENCE TOPIC SHEET].
3. ORNHIC
The Oregon Natural Heritage Information Center (ORNHIC) maintains a
comprehensive database of rare, threatened, and endangered species observation
data that can be used to identify the species that may potentially be affected by a
proposed project. ODOT Biologists can access these data by utilizing ODOTs
internal ORNHIC GIS layer. ODOT Geo-Environmental has provided training for
utilizing these data in the past and these materials can be accessed here. For more
information on the ORNHIC database, refer to ORNHICs website or refer to the
ORNHIC Topic Sheet. In addition, ORNHIC prepared a booklet [INSERT LINK TO
ORNHIC T&E BOOK] that includes distribution information on the rare, threatened
and endangered species of Oregon. Sightings of rare or sensitive wildlife species
can be submitted to ORHNIC by utilizing the ORNHIC Animal Field Survey Form.
4. Liaisons
As part of the CETAS program, ODOT implemented a regulatory liaison program in
which ODOT funds several positions at the various resource agencies. Table 41 lists
the regulatory agencies at which ODOT is currently funding liaison positions as well
as the number of positions at each agency.
Table 41. Regulatory Liaison Agencies and positions.
Regulatory Agency
NOAA Fisheries
USFWS
USACE
DEQ
DSL
ODFW
USDA
APHIS
Services
Wildlife
Number of
Positions
3
3
2
2
2
4
positions
positions
positions
positions
positions
positions
1 position
58
Contact information for each of the ODOT regulatory liaisons can be found on the
ODOT Geo-Environmental Biology Page under Liaison Contacts. The
regulatory liaisons that provide assistance with wildlife resource issues are those at
USFWS, ODFW, and USDA APHIS Wildlife Services.
The regulatory liaison program is designed to facilitate a smooth and efficient
environmental review process. ODOT Biologists are encouraged to contact the
appropriate regulatory liaison when necessary during the development of a project.
A number of examples of appropriate occasions for contacting a regulatory liaison
are included in Table 42.
Table 42. Liaison Contact Examples
Regulatory Liaison Contact Examples
D. Documents
ODOT Biologists are responsible for preparing many types of resource assessment,
planning, and reporting documents that are relevant to Wildlife Resources. The
following section provides information on the preparation of No Effect
Memorandums, Biological Assessments, and Monitoring Reports.
1. No Effect Memorandums
As stated in the ODOT BA Guidance Manual, a No Effect Memorandum (NEM) can
be prepared if the proposed action will literally have no effect whatsoever on the
species and / or critical habitat, not a small effect or an effect that is unlikely to
occur. Table 43 includes examples of scenarios when a NEM may be appropriate.
Table 43. No Effect Memorandum Scenarios
NEM Scenarios
A listed species is not present in the project site or action area (if the action will not
have an effect on a listed species) and the project is located outside of designated
critical habitat.
No suitable habitat is located within the project area or action area.
There is no increase in impervious surfaces.
There is no in-water work required.
There is no vegetation removal work required for construction activities.
59
When preparing an NEM, ODOT Biologists may find it helpful to utilize the ODOT
NEM Outline [INSERT LINK TO NEM OUTLINE] and / or the ODOT NEM Checklist /
Template. In addition, refer to the ODOT NEM Example documents [INSERT LINK TO
NEM EXAMPLES] for NEMs prepared for projects in the past.
Beneficial Effects:
Contemporaneous positive effects without any
adverse effects to the species or habitat.
Discountable Effects: Effects that are extremely unlikely to occur. Based
on best professional judgment, a person would not be able to meaningfully
measure, detect, or evaluate insignificant effects; or expect discountable
effects to occur.
Insignificant Effects:
Effects that relate to the size of the impact and
should never reach the scale where take of listed species can occur.
60
Through the submittal of the BA, ODOT is requesting concurrence from the
regulatory agencies and that they issue agreement with the BA in the form of a
Letter of Concurrence (LOC).
ii. LAA BA
As stated in the ODOT BA Guidance Manual, a May Affect and is Likely to
Adversely Affect (LAA) determination is appropriate when there is more than a
negligible potential to have adverse effects on the species or critical habitat. While
there is no definition of adverse effects in the ESA or its implementing regulations,
the ODOT BA Guidance Manual quotes the following USFWS and NOAA Fisheries
definition for is likely to adversely affect:
This conclusion is reached if any adverse effect to listed species or critical
habitat may occur as a direct or indirect result of the proposed action or
its interrelated or interdependent actions. In the event the overall effect
of the proposed action is beneficial to the listed species or critical habitat,
but may also cause some adverse effects to individuals of the listed
species or segments of the critical habitat, then the proposed action is
likely to adversely affect the listed species or critical habitat.
Through the submittal of the BA, ODOT is requesting that the regulatory agencies
concur with the LAA determination and that they issue agreement with the BA in the
form of a Biological Opinion (BO).
iii. Guidance
Additional information and guidance regarding the preparation of a BA can be found
in the following documents:
61
Federal Nexus:
USACE, USFS, BLM,
other Federal Agency
Step
Step
Step
Step
Step
3:
1:
2:
3:
4:
Step
Step
Step
Step
NLAA BA: Submit approximately four months prior to release of the Final
PS&E package or as agreed to with the PDT.
62
LAA BA:
Submit approximately eight months prior to release of the final
PS&E package or as agreed to by the PDT.
iv. Templates
All BAs prepared for ODOT projects (by ODOT Biologists or consultants) should be
prepared according to the ODOT BA Template. In addition, there are templates for
other documents associated with a BA. Follow the links below to access these
templates.
v. Example Documents
Refer to the ODOT BA Example documents for BAs prepared for projects in the
past.
3. Monitoring Reports
The Geo-Environmental Section has developed standards and procedures for ODOT
to streamline environmental compliance. This includes biological monitoring, which
is typically required as a condition of biological permits, such as federal and state
ESA incidental take permits and state fish passage permits. Resources have been
developed to support biological monitoring efforts, including a database, template
reports, field checklist, GIS files, GPS/field mapping applications. Refer to the
Biology Monitoring Guidance page on ODOTs Geo-Environmental website for
the latest information and guidance.
This website contains resources for ODOT Environmental employees (and
consultants on ODOT projects) to complete the most common biological monitoring
requirements for mitigation projects owned by ODOT. The monitoring guidelines
described on the website do not apply to mitigation banks, Special Management
Areas, mitigation for 4(f) resources, or local agency-owned projects funded by ODOT
or FHWA programs.
Refer to the ODOT Monitoring Report Example documents [INSERT LINK TO
MONITORING REPORT EXAMPLES] for monitoring reports prepared for ODOT
projects.
E. Hot topics
The following section includes information on various Hot Topic issues that ODOT
Biologists may need to be familiar with as part of their job responsibilities. These
Hot Topics include: Wildlife Passage, Bats, Peregrine Falcons, Harassment / Noise
Issues, Migratory Birds, Mitigation / Restoration, Specifications, Emergency /
Urgency Situations, Bald Eagles, and Beavers.
63
1. Wildlife Passage
Wildlife-vehicle collisions present an increasing danger to human safety as well as
wildlife survival. ODOT continually evaluates strategies for reducing the number of
wildlifevehicle collisions on ODOT highways. One way of reducing conflict points is
to plan and provide facilities that are designed to meet wildlife passage needs.
Wildlife passage strategies that ODOT utilizes include:
2. Bats
Bat species have the potential to be affected by ODOT projects, especially during
the demolition and construction of bridges. Information regarding bat species and
how they have the potential to be affected by ODOT projects is provided in the Bat
Topic Sheet [INSERT LINK TO BAT TOPIC SHEET].
Bat boxes are often incorporated into bridge projects to provide habitat. Click on the
following link for standard drawings of bat box structures [PLACEHOLDER INSERT
LINK TO BAT BOX DRAWINGS].
3. Peregrine Falcons
Peregrine falcons are known to nest on ODOT bridges or near ODOT highways and,
therefore, have the potential to be impacted by ODOT projects and activities.
Information regarding Peregrine Falcons is provided in the Peregrine Falcon Topic
Sheet. ODOT policies designed to maintain species productivity are outlined in the
ODOT Peregrine Falcon Management Plan.
4. Bald Eagle
Bald eagles often nest or inhabit areas near ODOT highways and facilities. Due to
this proximity, ODOT projects and activities have the potential to impact bald
eagles. Information regarding bald eagles is provided in the Bald Eagle Topic
Sheet and in the ODOT Geo-Environmental Technical Advisory addressing
bald eagles.
64
5. Beavers
Beavers have the potential to cause conflicts with ODOT projects and maintenance
of ODOT facilities. The Beaver Topic Sheet [INSERT LINK TO BEAVER TS] discusses
these conflict points and also includes strategies for addressing beaver conflicts.
Basic Noise Primer prepared by David Leal (USFWS / ODOT Liaison) [INSERT
LINK TO NOISE PRIMER].
Harassment Analysis and Distance Thresholds Memorandum prepared by
David Leal (USFWS / ODOT Liaison [INSERT LINK TO HARASSMENT MEMO].
7. Migratory Birds
ODOT established guidelines and strategies for ensuring that appropriate and
reasonable measures are taken to prevent injury to and death of migratory birds in
the ODOT Highway Division Migratory Bird Treaty Act Directive. Information
regarding migratory birds and how they can be affected by ODOT projects is
provided in the Migratory Birds Topic Sheet.
8. Mitigation / Restoration
During the construction and maintenance of ODOT projects, it may be necessary to
impact sensitive wildlife species and / or habitat. In order to offset or compensate
for these impacts, ODOT may implement mitigation strategies in the form of
restoration, mitigation banking, and /or enhancement to wildlife resources.
ODFW has outlined a Fish and Wildlife Habitat Mitigation Policy (OAR 635-415-0000)
with the purpose of providing consistent goals and standards for mitigating impacts
to fish and wildlife habitat caused by land and water development actions. Refer to
the Mitigation / Restoration Topic Sheet for additional information regarding
ODFWs policy.
Wildlife Enhancement strategies are discussed in the Wildlife Resource
Enhancement Topic Sheet. This Topic Sheet addresses the process for developing
and implementing wildlife resource enhancement elements in a project. Potential
enhancement elements include measures to improve wildlife species habitat or
passage through a project.
9. Specifications
The Specifications Program is provided through the Office of Project Letting, which is
a unit of the Technical Services Traffic-Roadway Section. Specifications are a list of
65
requirements and stipulations that are included in the contracting documents for a
project.
i. Standard Specifications
Standard specifications are specifications that are included as part of the
contracting documents of every project. Currently, ODOT is using the 2008 version
of the Standard Specifications and they can be accessed at the Standard
Specifications page on ODOTs Specifications website.
Biology-specific standard specifications can be found in Section 200 (Temporary
Features and Appurtenances) and Section 1000 (Right-of-Way Development and
Control) of the Standard Specifications. Table 46 includes a list of biology-specific
standard specification sections and their scope.
Table 46. Biology-related Standard Specifications
Standard Specification Sections
Section
Topic
Section 280
Section 290
Environmental
Protection
Section 1030
Seeding
Section 1040
Planting
Scope
This work consists of implementing structural
and non-structural Best Management Practices
(BMP) for the purpose of controlling soil erosion
by wind or water and keeping eroded sediments
and other construction-generated pollutants
from moving off project sites.
This Section describes the Contractor's duties
and obligations with respect to protection of the
land,
waters,
air,
wildlife,
and
other
environmental resources of the state. This
section discusses compliance with all applicable
federal, state, and local environmental, health,
safety, and other laws, acts, statutes,
regulations, administrative rules, ordinances,
orders, and permits.
This work consists of seeding and associated
tasks to develop plant growth for erosion
control, environmental mitigation, and roadside
development.
This work consists of planting and associated
work as shown or directed.
66
STEP 2: The Project Team Leader shares the proposal with the Project Delivery
Team.
STEP 3: The ODOT Biologist coordinates with the specification writer to draft
the appropriate language for the Special Provisions.
STEP 4: The Project Team Leader reviews the proposed special provision
language with a focus on implementation into the contract documents.
ODOT maintains boiler plate Special Provisions that can be tailored to address the
specific needs of a particular project. For example, an ODOT Biologist can include
the specific information regarding a designated staging and/or disposal site by
utilizing the boiler plate Special Provision language for Section 290 (location,
access, and acreage of available area). The boiler plate Special Provision language
is available on the 2008 Boiler Plate Special Provisions page on ODOTs
Specifications website. ODOT Biologists can amend each applicable section of
the Boiler Plate Special Provision language so that it meets the needs of a specific
project.
Additional guidance on how to determine the cost of various measures included in
the specifications can be accessed from the Estimating page on ODOTs
Specifications website.
iii. Standard Drawings
Biology-related Standard Drawings of common project elements will be available at
this location [INSERT LINK TO STANDARD DRAWINGS PLACEHOLDER] as ODOT
compiles a list of useful documents. These Standard Drawings may be helpful as
ODOT Biologists prepare Special Provisions for proposed projects.
10.
67
V.
Botanical Resources
The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to Botanical Resources. Section A includes a discussion of the relevant
federal, state, and local laws. Sections B and C include a discussion of protected
species and habitat, as well as the process for evaluating botanical resources.
Section D includes guidance on the preparation of documents relevant to Botanical
Resources and Section E includes information on a number of Botanical Resource
Hot Topics.
A. Relevant Laws
Although the Federal Endangered Species Act is the primary law that drives the
majority of an ODOT Biologists work, there are many other relevant federal, state,
and local laws. The following sections discuss the federal, state, and local laws that
are applicable to Botanical Resources.
2. State Laws
ODOT Biologists must be familiar with the following state laws and regulations. Click
on each law to be directed to a Topic Sheet that addresses each of the following
state laws and regulations.
3. Local Laws
Depending on the size, scope, and complexity of a project, as well as the location,
there may be city, county, or special district laws that are applicable to a particular
project. It is important to check with the Project Leader or Permit Specialist to
determine if there are applicable local laws that require the ODOT Biologists input
or expertise.
68
Scientific Name
Plants
Northern wormwood
Siskiyou mariposa lily
69
Implementing early detection and rapid response projects for new invasive noxious
weeds
Implementing biological control
Implementing statewide inventory and survey
Assisting the public and cooperators through technology transfer and noxious weed
education
Maintaining noxious weed data and maps for priority listed noxious weeds
Providing assistance to land managers and cooperators with integrated weed
management projects
ODA classifies noxious weeds into three categories. Table 49 includes a list of these
categories and their definitions. Click here for a link to the 2009 ODA Noxious
Weed List.
Table 49. ODA Noxious Weed Classification system.
Classification
Definition
70
A
Recommended
Action:
B
Recommended
Action:
It is important that an ODOT Biologist coordinates with the Office Maintenance and
Operations during the preparation of an approach to noxious weed control on a
proposed project. Information regarding the Office of Maintenance and Operations,
District contact information, and maintenance programs can be found on the Office
of Maintenance website. ODOT Biologists can also contact William Lackey, the
ODOT Vegetation Management Coordinator with the Office of Maintenance, at
william.lackey@state.or.us, to coordinate an approach to noxious weed control on a
proposed project.
4. Habitat
i.
Critical Habitat
The ESA requires that the federal government designate critical habitat for any
species it lists under the ESA. The ESA defines critical habitat as:
(1) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of
section 4 of the Act, on which are found those physical or biological
features (constituent elements) (a) essential to the conservation of the
species and (b) which may require special management considerations
or protection; and (2) specific areas outside the geographical area
occupied by the species at the time it is listed in accordance with the
provisions of section 4 of the Act, upon a determination by the
Secretary that such areas are essential for the conservation of the
species (ESA 3 [5][A]).
71
The ESA protects critical habitat by requiring that all federal agencies ensure that
any actions they authorize, fund, or carry out are not likely to destroy or adversely
modify designated critical habitat. These requirements apply only to federal agency
actions, which includes FHWA funding of ODOT projects.
For additional information about critical habitat, refer to the USFWS online
interactive tool that provides maps of critical habitat under USFWS jurisdiction.
ODOT also maintains GIS layers with critical habitat information for listed species
found in Oregon.
72
3. Plant Identification
ODOT Biologists can find tools to assist with plant identification on the following
websites:
4. ORNHIC
The Oregon Natural Heritage Information Center (ORNHIC) maintains a
comprehensive database of rare, threatened, and endangered species observation
data that can be used to identify the species that may potentially be affected by a
proposed project. ODOT Biologists can access these data by utilizing ODOTs
internal ORNHIC GIS layer. ODOT Geo-Environmental has provided training for
utilizing these data in the past and these materials can be accessed here. For more
information on the ORNHIC database, refer to ORNHICs website or refer to the
ORNHIC Topic Sheet. In addition, ORNHIC prepared a booklet [INSERT LINK TO
ORNHIC T&E BOOK] that includes distribution information on the rare, threatened
and endangered species of Oregon). Sightings of rare or sensitive botanical species
can be submitted to ORHNIC by utilizing the ORNHIC Plant Field Survey Form.
5. Liaisons
As part of the CETAS program, ODOT implemented a regulatory liaison program in
which ODOT funds several positions at the various resource agencies. Table 51 lists
the regulatory agencies at which ODOT is currently funding liaison positions and the
number of positions at each agency.
Table 51. Regulatory Liaison Agencies and positions.
Regulatory Agency
NOAA Fisheries
USFWS
USACE
DEQ
DSL
ODFW
USDA
APHIS
Services
Number of
Positions
3
3
2
2
2
4
Wildlife
positions
positions
positions
positions
positions
positions
1 position
Contact information for each of the ODOT regulatory liaisons can be found on ODOT
Geo-Environmental Biology Page under Liaison Contacts. The regulatory
liaisons that provide assistance with botanical resource issues are those at USFWS.
73
D. Documents
ODOT Biologists are responsible for preparing many types of resource assessment,
planning, and reporting documents that are relevant to Botanical Resources. The
following section provides information on the preparation of No Effect
Memorandums, Biological Assessments, Botanical Clearance Reports, Weed
Management Plans, and Monitoring Reports.
1. No Effect Memos
As stated in the ODOT BA Guidance Manual, a No Effect Memorandum (NEM) can
be prepared if the proposed action will literally have no effect whatsoever on the
species and / or critical habitat, not a small effect or an effect that is unlikely to
occur. Table 53 includes examples of scenarios when a NEM may be appropriate.
Table 53. No Effect Memorandum Scenarios
NEM Scenarios
A listed species is not present in the project site or action area (if the action will not
have an effect on a listed species) and the project is located outside of designated
critical habitat.
No suitable habitat is located within the project area or action area.
There is no increase in impervious surfaces.
There is no in-water work required.
There is no vegetation removal work required for construction activities.
When preparing an NEM, ODOT Biologists may find it helpful to utilize the ODOT
NEM Outline [INSERT LINK TO NEM OUTLINE] and / or the ODOT NEM Checklist /
Template. In addition, refer to the ODOT NEM Example documents [INSERT LINK TO
NEM EXAMPLES] for NEMs prepared for projects in the past.
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NLAA BA
A May Affect but Not Likely to Adversely Affect (NLAA) determination (Informal
Consultation) is the appropriate conclusion when the effects of the proposed action
on the species or critical habitat are expected to be beneficial, discountable, or
insignificant.
Beneficial Effects:
Contemporaneous positive effects without any
adverse effects to the species or habitat.
Discountable Effects: Effects that are extremely unlikely to occur. Based
on best professional judgment, a person would not be able to meaningfully
measure, detect, or evaluate insignificant effects; or expect discountable
effects to occur.
Insignificant Effects:
Effects that relate to the size of the impact and
should never reach the scale where take of listed species can occur.
Through the submittal of the BA, ODOT is requesting that the regulatory agencies
concur with the NLAA determination and that they issue agreement with the BA in
the form of a Letter of Concurrence (LOC).
75
ii.
LAA BA
Federal Nexus:
FHWA
Federal Nexus:
USACE, USFS, BLM,
other Federal Agency
76
(LOC)
Step
Step
Step
Step
The BA for botanical species is submitted to the USFWS, except in the case of
marine plants, which are under the jurisdiction of NOAA Fisheries. If species under
the jurisdiction of NOAA Fisheries and USFWS are being addressed for the same
project, these can be addressed in the same BA. The BA must be submitted to both
regulatory agencies. For example, if a BA addresses Chinook salmon (a species
under NOAA Fisheries jurisdiction) and Kincaids Lupine (a species under USFWS
jurisdiction), the BA must be submitted to both regulatory agencies and separate
LOCs /BOs will be issued.
The ODOT Biologist should prepare a transmittal letter to FHWA to accompany the
BA submittal. In addition, a ghost transmittal letter should accompany the BA. The
ghost letter is prepared by the ODOT Biologist on behalf of FHWA so that it can be
included when FHWA submits the BA to the regulatory agencies for review. Even if a
federal agency other than FHWA is submitting the BA, it can be helpful to prepare a
ghost transmittal letter for that agency to include with the BA submittal.
The BA must be routed through ODOTs Natural Resource Unit (NRU). The NRU
submits the BA on behalf of ODOT directly to the services or to FHWA (in the case of
an LAA BA). A BA with an NLAA determination may take two days to be processed at
NRU before it is submitted to NOAA Fisheries or USFWS. An LAA BA may take up to
two weeks to process at NRU prior to submittal to FHWA. FHWA may also need an
additional two weeks to process the LAA BA prior to submitting the BA to NOAA
Fisheries or USFWS. It is important to account for these processing timelines when
considering the overall review timeline for a BA.
b. Consultation Timelines
The regulatory agencies have 60 days to review an NLAA BA (Informal Consultation)
and up to 135 days to review an LAA BA (Formal Consultation). Early and frequent
coordination with regulatory liaisons is an essential element for streamlining this
process. In order to receive the LOC / BO in adequate time, it is helpful to keep in
mind the following timelines.
NLAA BA: Submit approximately four months prior to release of the Final
PS&E package or as agreed to with the PDT.
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LAA BA:
Submit approximately eight months prior to release of the final
PS&E package or as agreed to by the PDT.
4. Templates
All BAs prepared for ODOT projects (by ODOT Biologists or consultants) should be
prepared according to the ODOT BA Template. In addition, there is a template for
a document associated with a BA. Follow the links below to access this template.
Refer to the ODOT BA Example documents [INSERT LINK TO BA EXAMPLES] for BAs
prepared for projects in the past.
Once completed, the ODOT Biologist submits the Botanical Clearance Report to the
REC for inclusion in the project close-out documents. If the Botanical Clearance
Report documents the presence of a listed species, the ODOT Biologist must
prepare a Biological Assessment to address potential impacts to the species from
the proposed project.
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If noxious weeds are documented within the proposed project area, the ODOT
Biologist has two options for coordinating treatment of the weed populations. The
first option is to contact the Office of Maintenance to coordinate treatment prior to
project construction. The second option is to work with the PDT and drafter to
include the weed populations on the project plans so the weed populations can be
treated during project construction by the contractor.
The ODOT Biologist can submit species observations to ORNHIC for inclusion in their
statewide database. Alternatively, if no rare or listed species are observed, the
ODOT Biologist may submit the lack of results to ORNHIC. Sightings of rare or
sensitive botanical species can be submitted to ORHNIC by utilizing the ORNHIC
Plant Field Survey Form.
Refer to the ODOT Botanical Clearance Report Example documents (INSERT LINK TO
BOTANICAL CLEARANCE REPORT EXAMPLES) for Botanical Clearance Reports
prepared for projects in the past.
For information regarding noxious weeds, refer to the Noxious Weed Topic Sheet.
5. Monitoring Reports
The Geo-Environmental Section has developed standards and procedures for ODOT
to streamline environmental compliance. This includes biological monitoring, which
is typically required as a condition of biological permits, such as federal and state
ESA incidental take permits and state fish passage permits. Resources have been
developed to support biological monitoring efforts, including a database, template
reports, field checklist, GIS files, GPS/field mapping applications. Refer to the
Biology Monitoring Guidance page on ODOTs Geo-Environmental website for
the latest information and guidance.
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E. Hot topics
The following section includes information on various Hot Topic issues that ODOT
Biologists may need to be familiar with as part of their job responsibilities. These
Hot Topics include: Special Management Areas, Mitigation / Restoration, Native
Species, No Maintenance / Low Maintenance Roadsides, Specifications, and
Emergency / Urgency Situations.
2. Mitigation / Restoration
During the construction and maintenance of ODOT projects, it may be necessary to
impact sensitive botanical species and / or habitat. In order to offset or compensate
for these impacts, ODOT may implement mitigation strategies in the form of
mitigation, restoration, or enhancement to botanical resources.
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3. Native Species
As part of the National Governors Associations Initiative, ODOT has been tasked
with promoting the use of native species on ODOT projects when possible.
Information regarding the use of native species for ODOT projects is provided in the
Native Species Topic Sheet.
5. Specifications
The Specifications Program is provided through the Office of Project Letting, which is
a unit of the Technical Services Traffic-Roadway Section. Specifications are a list of
requirements and stipulations that are included in the contracting documents for a
project.
i.
Standard Specifications
Topic
Erosion and Sediment
Control
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Scope
This work consists of implementing structural
and non-structural Best Management Practices
(BMP) for the purpose of controlling soil erosion
by wind or water and keeping eroded sediments
and other construction-generated pollutants
Section 290
Environmental
Protection
Section 1030
Seeding
Section 1040
Planting
ii.
Special Provisions
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iii.
Standard Drawings
VI.
Miscellaneous
The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to miscellaneous topics that do not fit into these three primary categories,
but are nonetheless important. These topics include working with consultants,
utilizing other ODOT disciplines manuals, safety on the job, and the Biology
Program project spreadsheet.
A. Using Consultants
It may be necessary to utilize consultants to assist with ODOT project work due to
staff workload and/ or availability. As such, ODOT provides training opportunities to
provide guidance on working with consultants and preparing statements of work.
Training opportunities are advertised on the ODOT Human Resources web page.
Standardized scopes of work for biology services are available on the ODOT GeoEnvironmental webpage.
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C. Safety Issues
It is extremely important for ODOT Biologists to be aware of safety. During the
course of performing required duties, ODOT Biologists can find themselves in
situations that have the potential to be hazardous. There are various safety training
opportunities that are available to an ODOT Biologist. Table 57 below includes a list
of relevant safety training opportunities.
Table 57. Safety Training Opportunities
Safety Training Opportunities
Training Class Name
Renew
Resource
Bloodborne Pathogens
Course
Code
SA001045
12 months
SA001559
Initial Only
Defensive Driving
SA001013
Initial Only
EM001811
Initial only
SA001017
SA001018
12 months
24 months
EM001801
Initial Only
EM001802
12 months
SA001022
Initial only
Hearing Conservation
SA001024
12 months
SAWB11222
Initial only
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Crew / ESO
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Online / ESO
SA001047
Initial only
SA001040
36 months
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Employee Safety
Office
Employee Safety
Office
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