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Oregon’s Federal Highway Aid Programmatic Biological Opinion

Oregon’s Federal Highway Aid Programmatic Biological Opinion. Presentation to SCOE Natural Resources Subcommittee June 19, 2013. Background & Purpose. Emphasis on Programmatic Agreements Previous Programmatic outdated FHWA as the lead Federal Nexus

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Oregon’s Federal Highway Aid Programmatic Biological Opinion

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  1. Oregon’s Federal Highway Aid Programmatic Biological Opinion Presentation to SCOE Natural Resources Subcommittee June 19, 2013

  2. Background & Purpose • Emphasis on Programmatic Agreements • Previous Programmatic outdated • FHWA as the lead Federal Nexus • Increasing role of ODOT in Local Agency projects

  3. Programmatic Goals • Overall Goals • Improve the condition of the environmental baseline most directly impacted by the transportation program (e.g., habitat connectivity, water quality) • Avoid and minimize adverse impacts to federally-listed species and critical habitat • Decrease consultation time and associated costs

  4. Communication • Better tracking of project impacts (good and bad)…fewer actions need regulatory approval in future • Necessary for ODOT and Local Agency • Greater transparency & communication

  5. Quick Facts • Initial coordination started in 2010 • Averaged 1 FTE with duties shared among a small team • 13 months to complete formal consultation • Anticipate coverage for up to 70 projects a year • Reduces project approval time down to as little as a few days with most being approved in under a month

  6. Qualifying Actions

  7. Exclusions Excluded activities may require Individual Consultation • Tidegates • EIS • Solely related to mass transit or rail • New permanent stream crossings or roads in the riparian zone (With some exceptions) • In-water work downstream of Willamette Falls Dec. 1 - Jan. 31 • Stream channel realignment (except to restore former channels or eroding banks)

  8. Exclusions (cont.) • New lanes/intersections that contribute to other land use changes that trigger effects • Earthwork Superfund Sites and other hazardous material sites • Direct or indirect take of Steller sea lion, killer whale • Effects to USFWS species (for now) • Large projects with greater than “programmatic-scale effects”

  9. Modifications • Expedite Project Notification by designing & building according to Design Standards • NMFS recognizes one-size-does-not-fit-all • Substantive modifications –Early Coordination; likely will trigger Services approval of Notification

  10. Submittal Process • ODOT Region submits notification form to FHWA for approval via e-mail • FHWA Review & Approval • NMFS Approval not required, NMFS is sent copy but no further action required • NMFS Approval required, NMFS is sent copy for review and approval

  11. NMFS Take Allotment • Fish Salvage Numbers are quite low. • 2012- 86 listed fish salvaged, 8 known mortalities • 2011- 196 listed fish salvaged, 9 known mortalities

  12. Communication with FHWA & NMFS • Quarterly meetings to discuss issues • Annual summary report • Webmap interface for on demand reporting • Allows geo-spatial view of project locations and status • Quick access to detailed project information • Constantly updated and always available

  13. Key Factors for Success • Shared vision of improving the environment • Experience with many ESA programmatic approaches • Both agencies recognized resources could be used more wisely • Long-standing relationship with regulatory partners • Built in accountability to demonstrate trust

  14. Current Status • Initial statewide training complete • Full in-depth training currently taking place • Developing & refining reporting tools • Close to receiving USFWS BO • Nearly 30 projects rolling • Over half requiring NMFS approval • Receiving approvals in less than a week but no more than 1 month

  15. Questions? • Darlene.weaver@state.or.us; 503.986.4335 • Mindy.trask@state.or.us; 503.986.3504 • Cindy.callahan@dot.gov; 503.316.2562 http://www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/Pages/fahp.aspx

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