Blue Book Roll Out Revised 2004

Expectations

Expectations: NOAA Fisheries “ODOT has spent significant effort updating the Guide and making modifications to improve protections for fish or to better reflect the implementation of RRM practices… NOAA Fisheries approves the 2004 Guide ‘continuing approval depends on ODOT careful adherence to the program”

Expectations: State Maintenance Engineer ODOT maintenance employees have demonstrated over and over that they value the environment. The update of the ‘Blue Book’ isn’t intended to suggest that ODOT staff isn’t valuing and protecting the environment; rather it is to formalize practices that have been agreed to by regulatory agencies because they have been demonstrated to best minimize impacts to the environment from our work. The importance of the guidance is in promoting consistent, recognized procedures that will assist ODOT maintenance in continuing to do what we can do to protect the environment while accomplishing our work”. Doug Tindall State Maintenance Engineer July 2004

New Blue Book Overview of 4(d) and the 4(d) Rule Discuss Roles and Responsibilities Define Professional Judgement What is and is not included in 4(d) Use and Lay out of the document New Activities, Expanded BMPs Overview of major differences

Overview of 4(d) Endangered Species Act- prohibits ‘take’ of plants and animals that have been listed as ‘threatened’ or ‘endangered’. ‘Take’- Harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect. 4(d) allows exemptions to Endangered Species Act under certain guidelines

4(d) Rule Guidelines for ODOT include: –Implement program as described in Blue Book –Implement best management practices described in Blue Book –Submit annual report –Review Blue Book every 5 years –Coordinate with NOAA Fisheries on changes

Roles and Responsibilities Every maintenance employee has role in success of program Maintenance managers-training and implementation of Blue Book, add to performance work plans, relay info to Office of Maintenance on training, modifications, resolution to problems, etc. Maintenance staff- implement BMPs, relay changes, modifications, problems to Manager/Coordinator

Roles and Responsibilities Region Environmental Coordinator- coordinate involvement of technical experts, provide technical input, coordinate permits, other documents Region Biologist- coordinate fish salvage, provide technical input on BMPs as appropriate

Roles and Responsibilities ODFW- local expert on conditions, technical input on BMPS: salvage, habitat restoration, fish passage laws, etc. Office of Maintenance- oversee implementation of statewide program; develop annual report; coordinate negotiations with NOAA and ODFW; work with Districts on problems and issues.

Professional Judgement Flexibility described in Blue Book: where appropriate, where feasible.. Does not allow for convenience of crew or ease of operation in not implementing BMP Does allow local manager to make determinations based on local conditions such as weather, traffic, land features, FHWA guidelines, etc. These modifications must be reported to OM for reporting.

Communication Loop

What’s Included in Coverage of 4(d) NOAA Fisheries coverage for ROUTINE ROAD MAINTENANCE work being performed by: Maintenance Staff Maintenance Contractors- contracts are being addressed to include the Blue Book 3rd party entities operating on the ROW under Intergovernmental Agreement or Memorandum of Understanding

What’s NOT Included in 4(d) Coverage ANY Activity that requires a Corps permit Activities where federal fish species are ‘endangered’ Any activity that requires coordination with US Fish and Wildlife Agency- plant, bird, critter

What’s NOT Included in 4(d) Coverage Activities that widen or increase road prism- additional environmental documentation may not be required, coordinate with REC

What’s NOT Included in the (4)d Herbicide and fertilizer applications- Maintenance still performs these activities; however, the exemption to ‘take’ does not include them. If there is a problem, NOAA Fisheries will investigate.

What’s NOT Included in the (4)d Cultural/archeological concerns Entities operating on ODOT ROW with ODOT permits (permit language covers laws)

Use of the Document Provide guidance for the routine daily maintenance activities Review prior to seasonal activities Review RAZ/RES maps with the document when planning work Note on maps local considerations discussed in Blue Book Review at meetings when appropriate Hold ‘tailgate’ reviews before starting jobs

Layout of the Document Introduction: includes description of the 4(d) rule, background, overview of programs being implemented by Maintenance Activities descriptions, goals, best management practices- References, supporting documentation

Expanded BMPs Each activity has a goal Most activities have expanded descriptions BMPs are numbered: ease of documentation Separated activities for clarity: 116/117 for example Expanded discussions on activities: culverts, vegetation

Activities Added Stormwater management- Maintenance yards- complements other activities at yards Void filling Tree corridor management Temporary Water Management/Fish Salvage Sign Installation Striping Dust abatement

Significant Differences- just the highlights Stormwater Management Shoulder Rebuilding, Voids, and Ditching Bridge Activities Culverts Drift Vegetation

Stormwater Management Any new impervious added by Districts to be tracked Addresses yards- fuels, oils- complements other maintenance programs Adds general BMPs for good housekeeping

Voids Direction on what to do around water when needing to fill void Use foam or other quickset before using concrete

Shoulder Rebuilding Ditching Provided pictures that define what is allowable for shoulder rebuilding without permit If outside these limits, need permit Revised “When is a waterway permit needed for ditch maintenance” table References erosion control field guide

Okay to bring up material or add new to existing, if not changing backslope, stability Okay to add new material to adjust to road surface Contact the REC Prior to Changing Prism to increase road or shoulder width.

Culverts May need permit- coordinate early Expanded discussion beaver dams Defined debris/beaver dam removal 20’ from culvert as culvert work, outside 20’ is channel or ditch work Fish passage requirements- ORS when activity affects structural integrity of culvert

Vegetation management Program best management practices that are independent of any specific activity Tree corridor plans Coordinating on visual corridor requests Coordinate on removal of riparian trees within 150 feet that stabilize bank or shade river

Drift Removal Priority for removal: – turning and floating; –remove to riparian area out of channel; –remove and place downstream; –cut and turn to float Section 10 waters (tidal influenced) need permit to remove imbedded drift- working to get regional multi- year permit

Bridge Activities Revised ODFW letter Treated timbers- follow guidance from NOAA- May need permits Stop work and coordinate if nesting birds found If using pile drivers, coordinate

Where do we go from here ? Review Blue Book regularly Plan work with RECs If BMP doesn’t work, contact Coordinator Coordinators, if BMP doesn’t work, contact Office of Maintenance Document good things Figure out how to document implementation

Next up…a day in the life of an unfortunate bridge

That’s All Folks