Standard Local Operating Procedures for Endangered Species: SLOPES-IV

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

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

3. Endangered Species Act (ESA) General Overview or “Crash Course” in ESA

4. Mandate of the FederalEndangered 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.”

5. Federal Nexus → Triggers ESA Sec 7 (ODOT is FHWA’s non-federal representative) • 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) Consultation is Required Before a Project is Authorized

6. ‘Take’ 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”

7. 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.

8. Number of Corps Permits Issued Within the Action Area by Geographic Domains with Endangered Species GEOGRAPHIC ESUs AFFECTED 2001 2002 2003 DOMAIN (n = 143) (n = 170) (n=254) Willamette/Lower LCR Chinook, UWR Chinook, CR 92 96 124 Columbia chum, LCR steelhead, UWR steelhead Interior Columbia SR fall-run Chinook, SR spring/ 21 19 26 summer-run Chinook, UCR spring- run Chinook, SR sockeye, UCR steelhead, SR Basin steelhead, MCR steelhead Oregon Coast OC coho 13 44 63 Southern Oregon/ SONC coho 17 11 41 Northern California Coasts

9. 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) = NMFS Corps. =

10. SLOPES = Standard Local Operating Procedures for Endangered Species

11. 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)

12. 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

13. Questions at This Point?

14. SLOPES IV - RESTORATION MODULE Permit Issued February 22, 2008

15. SLOPES IV –TRANSPORTATION MODULE To be complete June ‘08

16. Design Criteria of Actions • Major Hazards • Streambank & Channel Stabilization • Maintenance, Rehabilitation and Replacement • Utility Line Stream Crossing

17. Types of Actions Authorized • 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

18. 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

19. 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

20. 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

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

22. Components/Conditions of Permit • 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

23. 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

24. Conditions of Permit cont… • 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

25. 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

26. 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

27. 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

28. 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 ODOT’s Training June 3 & 4, ‘08

29. ODOT’s BA Qualification Training • June 3 & 4, 2008 in Salem • 2-Day Training & Test • Must Be Qualified to Write or Review BA’s for ODOT Under Contract • Must Maintain Qualification and Renew Every 3-Years To Register: Lorrie Schaefer at 503-986-3840 By E-mail: ODOT.HR.Training@odot.state.or.us

30. Questions? Greg Apke 503-986-3516 greg.d.apke@odot.state.or.us