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Oregon’s Federal Highway Aid Programmatic Biological Opinion

This presentation highlights the Oregon Department of Transportation's (ODOT) programmatic approach to improving the environmental baseline impacted by transportation projects. The goals include enhancing habitat connectivity, water quality, and minimizing adverse impacts to federally-listed species and critical habitat. The program aims to decrease consultation time and associated costs, while promoting transparency and communication. The presentation also discusses qualifying actions, exclusions, modifications, communication with FHWA and NMFS, and key factors for success.

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 Background & Purpose • Emphasis on Programmatic Agreements • Previous Programmatic outdated • FHWA as the lead Federal Nexus • Increasing role of ODOT in Local Agency projects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