Standard Local Operating Procedures for Endangered Species: SLOPES-IV Greg Apke, ODOT Aquatics Biology and Fish Passage Program Leader (Salem Headquarters)

Topics I Will Discuss Include: General ESA Overview Exposure to a few Streamlining Tools for ESA 1.SLOPES IV: Restoration Module 2.SLOPES IV: Transportation Module ODOT Training ESA Training Opportunities Questions & Answers

Endangered Species Act (ESA) General Overview or Crash Course in ESA

Mandate of the Federal Endangered Species Act (ESA) The federal ESA of 1973 requires federal agencies or their representatives to insure that their actions are not likely to jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of critical habitat of such species.

Federal Nexus Triggers ESA Sec 7 Federal Funds ($ FHWA) Federal Property (USDA, BLM, etc.) Federal Permit (Corps) Section 7 requires consultation with either National Marine Fisheries Service (NMFS) or US Fish and Wildlife Service (USFWS) (ODOT is FHWAs non-federal representative) Consultation is Required Before a Project is Authorized

Take is Prohibited by the ESA and Requires a Permit if it is Expected to OccurTake is Prohibited by the ESA and Requires a Permit if it is Expected to Occur Take = harm, harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect Harm = significant habitat modification or degradation that results in death or injury Harass = significantly disrupts normal behavior patterns including breeding, feeding or sheltering

The ESA permit is analogous to a fishing license, you must have it to be legal. The ESA permit is analogous to a fishing license, you must have it to be legal. Any form of take is illegal without a license or permit.Any form of take is illegal without a license or permit.

Number of Corps Permits Issued Within the Action Area by Geographic Domains with Endangered Species GEOGRAPHIC DOMAIN ESUs AFFECTED2001 (n = 143 ) 2002 (n = 170 ) 2003 (n= 254 ) Willamette/Lower Columbia LCR Chinook, UWR Chinook, CR chum, LCR steelhead, UWR steelhead Interior ColumbiaSR fall-run Chinook, SR spring/ summer-run Chinook, UCR spring- run Chinook, SR sockeye, UCR steelhead, SR Basin steelhead, MCR steelhead Oregon CoastOC coho Southern Oregon/ Northern California Coasts SONC coho171141

SLOPES IV Programmatic Biological Opinion (PBO) Permitting of Maintenance and Improvements of Roads, Culverts, Bridges, and Utility Lines, within the Corps. Authority (Section 10, Rivers & Harbors Act 1899 and Section 404 of Clean Water Act) = NMFSCorps. =

SLOPES = S tandard L ocal O perating P rocedures for E ndangered S pecies

Concept of Programmatic Permits Streamline permitting and ESA consultation process for projects that are: Relatively Minor in impacts Repetitive in usage Impacts are Predictable Up front permit Statewide authorization for 5-years Only for species regulated by NMFS (anadromous salmonid species)

Permit Incentives Design constraints are known up front during project development Nominal risk –Permit terms & conditions are known Notification process is quick Cost and time savings Monitoring & reporting expectations are know upfront (budget & schedule) ESA take is permitted & legal Statewide applications & coverage 1-stop shop

Questions at This Point?

Restoration Boulder Placement Piling Removal Fish Passage Restoration Set-Back (Dikes, Berms, Levees) Spawning Gravel Restoration Streambank Restoration Large Wood Restoration Water Control Structure Removal Habitat Restoration SLOPES IV - RESTORATION MODULE Permit Issued February 22, 2008

SLOPES IV –TRANSPORTATION MODULE Transportation Module Major Hazard Response Streambank & Channel Stabilization Maintenance Rehabilitation Replacement Utility Line Stream Crossing To be complete June 08

Design Criteria of Actions 1.Major Hazards 2.Streambank & Channel Stabilization 3.Maintenance, Rehabilitation and Replacement 4.Utility Line Stream Crossing

Types of Actions Authorized 1.Major Hazard Responses –Immediate repairs of roads, culverts, bridges, or utility lines when major hazards are declared by manger of transportation infrastructure –Must notify Corps. & NMFS as soon as possible

2. Streambank & Channel Stabilization These actions include installation & maintenance of: –Scour protection necessary to prevent scour or down cutting of culverts, road foundations, or bridge supports using: Log or roughened rock toe of slopes Partially spanning porous weirs Woody plantings & herbaceous cover Soil reinforcements, coir logs Bank reshaping and slope grading Floodplain roughness Engineered log jams

3. Maintenance, Rehabilitation & Replacement These actions include maint., rehab. & replacement necessary to ensure roads, culverts, and bridges remain safe & reliable: –Geotechnical surveys-drilling –Excavation, grading & filling necessary to maintain, rehab. or replace existing roads, culverts & bridges –Construct & maintain stormwater facilities

4. Utility Line Stream Crossings Design in the following priority: –Aerial lines –Directional drilling, boring, jacking –Trenching in the dry Trenching must be backfilled below OHW w/ native materials & capped with clean river gravel Large wood displaced must be returned to original location

Processing of New Actions Species presence: Corps. will confirm is actions are within range of ESA salmon Corps. & NMFS will review each application Electronic notification and project tracking system 30-day approval process by NMFS & Corps.

Site access Project completion report w/in 60 days post-construction Work completed during in-water work window(s) In-water work must be isolated Stormwater management plan –Must meet stormwater pollution reduction & flow control requirements –Any new impervious surface or create a new stormwater discharge Components/Conditions of Permit

Conditions of Permit cont… Fish passage must be provided Capture & release of fish (fishery biologist) Water diversions (pumps) must be screened Erosion & pollution control plans must be developed and implemented

Vehicle staging and use: –Equipment storage, fueling, staging – 150 ft from stream –Daily inspections for fluid leaks –Steam cleaning prior to work below OHW Site restoration activities –Native material(s) stockpile for re-use (large wood, vegetation, topsoil, channel material, etc.) No treated wood use below OHW –Except when coated with waterproof seal or barrier Conditions of Permit cont…

Site Restoration Action Plan Components Any action that results in significant disturbance to riparian vegetation, soils, streambanks, or stream channel must: –Develop a plan to clean up site and restore those features post-construction –Soil stability –Native vegetation (replanting plan) noxious species are prohibited –Streambanks are stable & well vegetated –Electronic submittal of plan

Compensatory Mitigation Action Plan Components Actions that require a compensatory mitigation plan include: –Stormwater management facility that requires new or enlarged structure w/in riparian zone or has insufficient capacity to infiltrate and retain stormwater volumes –Riprap revetments extending above streambank toe, beyond previous footprint, or does not include vegetation & large wood –Bridge rehab. or replacements that do not span functional floodplain or cause net increase in fill w/in functional floodplain

Exclusions of SLOPES IV Baffled culverts or fishways (roughened channels) Culverts exceeding 6% grade Tidegate maintenance or replacements Stream barbs, non-porous partially or full spanning weirs Instream flow control structures Significant channel realignment Construction of new roads w/in riparian zones Construction of new bridge where a previous structure did not previously exist Construction of new or larger gas, water, or sewer line to support new or expanded service area(s) Noxious vegetative species

Who Do You Contact With Questions? ODOT Headquarters Staff ODOT Region Technical Center Staff (Biologists or Region Environmental Coordinators) Environmental Consultants NMFS or Corps. Or you can attend ODOTs Training June 3 & 4, 08

ODOTs BA Qualification Training June 3 & 4, 2008 in Salem 2-Day Training & Test Must Be Qualified to Write or Review BAs for ODOT Under Contract Must Maintain Qualification and Renew Every 3-Years To Register: Lorrie Schaefer at By

Greg Apke Questions?