Oregon

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Oregons Federal Aid Highway Programmatic
Biological Opinion

• (FAHP)
• Presentation to the Local Agencies
• November 14, 2013

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Background Purpose

• Emphasis on Programmatic Agreements
• Previous Programmatic outdated
• FHWA as the lead Federal Nexus (not Corps
  anymore)
• Increasing role of ODOT in Local Agency projects
• No stormwater coverage
• in SLOPES IV

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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

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Communication

• Better tracking of project impactsfewer actions
  need regulatory approval in future
• Necessary for ODOT and Local Agency
• Greater transparency communication

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Qualifying Actions
Project Type
Bike/Pedestrian Facilities
Bridge Repair
Bridge Replacement
Culvert Extension/Repair
Culvert Replacement
Fish Habitat Restoration
Intersection Safety
Modernization/New Alignment/Bypass
Pavement/Facility Preservation
Roadside Development
Rockfall/Slide Mitigation
Signals/Signs
Widening/Adding Lanes

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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)

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STEPS

• Document early coordination with Services (new
  requirement)
• Project Notification which may or may not require
  Services approval depending on action

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• Actions Requiring Services Approval
• (a) Actions with required mitigation such as
  on-site stormwater treatment deficit, net
  increase in artificial fill or abandoned fill in
  the functional floodplain, unvegetated streambank
  riprap, any streambank riprap above OHW,
  in-stream flow control structures.
• (b) In-water work extension requests.
• (c) Fisheries restoration structures and/or
  fishways, including ladders, culvert retrofits,
  pool-riffle structures, and roughened chutes.
• (d) Weed control that does not meet herbicide
  treatment standards.
• (e) Blasting in/near aquatic habitats (only
  allowed when listed species will not be
  present5).
• (f) Bridge replacement that cannot meet fluvial
  performance or pile driving standards.
• (g) Stream channel modifications or waterway
  enhancements that do not meet design standards,
  such as fish passage retrofits, channel
  restoration, set-backs, and water control.
• (h) Stormwater flow management in a drainage
  basin that is less that 100 mi2.
• (i) Other modifications to FAHP design standards
  that may result in direct impacts to listed
  aquatic resources.

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• Actions that dont require Services Approval
• (a) Work below ordinary high water (OHW)
  completed during the in-water work period.
• (b) Weed control near aquatic habitat that occurs
  manually or otherwise meets FAHP herbicide
  treatment design standards.
• (c) Bridge replacement that meets fluvial
  performance and pile driving standards.
• (d) Projects without stream channel or waterway
  enhancements, or projects with stream channel or
  waterway enhancement that meet design standards.
• (e) Projects that involve stormwater flow
  management in drainage basins larger than 100 mi2
  that meet design standards.
• (f) Project may or may not involve minor
  modifications to buffer distances, riparian
  habitat impacts or otherwise can be designed as
  per the FAHP.

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STEPS

• Construction Initiation Notice
• Fish Salvage
• Environmental Inspection
• Project Completion Report
• Post-construction biological monitoring is
  required for all FAHP projects that clear
  vegetation or grade within riparian zones and
  streams, or involve streambank restoration, site
  restoration, or other habitat enhancements.

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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
• Channel confinement

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Variances
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Variances
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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

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Website

• http//www.oregon.gov/ODOT/HWY/GEOENVIRONMENTAL/Pa
  ges/fahp.aspx
• Key to Success
• Download the Biological Opinion and User Guide
  and refer to them often.

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Website
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Questions?

• Michael.P.Barry_at_odot.state.or.us
• 541.963.1353
• Howard.Postovit_at_odot.state.or.us
• 541.963.1343
• Christian.Jilek_at_odot.state.or.us
• 541.963.1597