3ODOT Environmental Guidance Statement ODOT will carry out its mission consistent with sound environmental stewardship and best management practices. We strive to meet the spirit and intent of environmental laws. We comply with regulations, and we will enhance the environment, balancing such enhancement with the scope and purpose of our ODOT mission.Valuing Oregon’s environment is the responsibility of every ODOT employee and it is reflected in our decision and actions.
4Definition of the term “Environment” All of the external factors affecting an organism, including living organisms and non-living variables such as water, soil, climate, light and oxygen. All of these factors together make up the environment.
8Potential range of impacts: Ground disturbance:Staging of equipment and materialEmbankmentGuardrail installation/flaringCulvert extensions, etc.Other ground disturbing activities beyond backslope of ditch
9Historic Resources What are Historic Resources? Buildings, Sites, Objects, etc., which are significant in historyMust be at least 50 years oldMust meet eligibility criteria for the National Register of Historic Places for federal regulatory laws to apply
10Maintenance Project Issues - Historic Resources Bridge rails, transition rails, guardrailMasonry features - parapet rails, culverts, stone facing, pedestrian featuresMemorial features - historic signs, plaques, markersEffects to setting - fill, removal of landscaping, new visual elements
12SMA’s for Plants and Wildlife Sensitive Management Area (SMA) is a voluntary program initiated by Environmental Services in 1994 in response to the increasing number of state and federally listed species and resources found along ODOT right-of-way. There are approximately 40 SMA sites found along ODOT right-of-way
13RES and RAZ Mapping Tools a tool that field crews could use to help avoid impacts to sensitive resources.RES (Resource and Sensitive Area)RAZ (Restricted Activity Zone)
15Endangered SpeciesThe federal Endangered Species Act (1973) requires agencies “insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species.”U.S. Fish and Wildlife Service (USFWS) regulates listed plants, wildlife, invertebrates (including birds), and resident fish.National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) regulates listed ocean-going (anadromous) fish and marine mammals.
16Endangered Species Act ESA defines “take” to include:-- “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect…”-- “Harm” is further defined to include:“…significant habitat modification or degradation that results in death or injury…”-- “Harass” is further defined to include:“…significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering”.--Critical Habitat - “the specific areas within the geographical area occupied by the listed species on which are found those physical or biological features which:-- are essential to the conservation of the species.-- may require special management considerations .-- PERMITTED WORK required
17Clean Water Act Section 404 Federal Law enacted in 1972U.S. Army Corps of Engineers (USACE) regulatesEstablishes a federal connection (nexus) if a permit is required.Authorized States to administer their own general permit program for dredged or fill material.Oregon Division of State Lands (DSL) has regulatory control.
20Riparian Area Critical Habitat Designations (NOAA Fish, and USFWS) can include an area up to 300 linear feet from the Ordinary High Water Elevation.
21Areas adjacent to the stream that provide: Riparian AreaAreas adjacent to the stream that provide:ShadeSediment transport controlNutrient or chemical regulationStreambank stabilityInputs of large woody material or organic matter
22Wetlands 3 defining characteristics of a wetland Hydrology- ground and surface waterHydric Soil – abundance of moistureVegetation
23Resource TopicsWater Quality runoff treatment, floodway, floodplain.Air Quality – alignment, traffic lanes, signalization, regulatory study.Noise Quality – alignment, traffic lanes, sound barriers, restrict work periods.Erosion Control – sedimentation into waters of the STATE (loss of soil)Hazardous Materials – spills, cleanup, remediation
24Examples of Non Compliance (Courtesy of NOAA Fish Enforcement Staff)
44Acronyms BMP – Best Management Practice CWA – Clean Water Act DSL – Oregon Division of State LandsESA – Endangered Species ActFHWA – Federal Highway AdministrationIVM – Integrated Vegetation ManagementNOAA Fish – National Oceanic & Atmospheric Administration FisheriesODA – Oregon Department of AgricultureODF – Oregon Department of ForestryODFW – Oregon Department of Fish & Wildlife
45Acronyms ODF – Oregon Department of Forestry ODFW – Oregon Department of Fish & WildlifeRAZ – restricted activity zoneRES – Salmon Resource and Sensitive AreaRMA- Riparian Management AreaSHPO – State Historic Preservation OfficeSMA – Sensitive Management AreaUSACE – US Army Corps of EngineersUSCOE – US Army Corps of EngineersUSFWS – U.S. Fish & Wildlife Service