Updates in Ecological Assessment & Coordination Waterway Permits Environmental Assessment

Transcription

1 Updates in Ecological Assessment & Coordination Waterway Permits Environmental Assessment Matthew Perlik, M.S. Assistant Environmental Administrator Office of Environmental Services Ohio Department of Transportation Ohio Transportation Engineering Conference Columbus, Ohio, USA Photo Credit: Craig Kerscher October 10 th, 2017

2 Regulated Materials Review (RMR) Released in July of 2017 Replaces the ESA Screening Processes Available for the entire state Standardized Forms Provides a more consistent and predictable site assessment process Training in development

3 Waters of the U.S. (WOTUS) July 27, 2017 Federal Register Notice Rescind the 2015 WOTUS rule Develop a new WOTUS definition most likely in a manner consistent with the opinion of Justice Antonin Scalia in Rapanosv. United States, 547 U.S. 715 (2006) Codify the status quo (2008 guidance) No immediate changes to ODOT s JD process

4 Updating the ODOT Bat Programmatic Released in February of 2016 Revisions to adopt useful components of the Range-wide NLEB and IB Programmatic between USFWS and FHWA

5 Bat In Lieu Fee Mitigation Released July 2017 Available statewide For projects coordinated under the Range-wide NLEB and IB Programmatic between USFWS and FHWA Future expansion?

6 Federal Species Listings Status Assessment to be completed in the fiscal year: 2017 Kirtland s Snake Status Assessment to be completed in the fiscal year: 2018 Hellbender Longsolid Pink Pigtoe Round Hickorynut Tippecanoe Darter Yellow Banded Bumble Bee Status Assessment to be completed in the fiscal year: 2019 Monarch Butterfly Cobblestone Tiger Beetle

7 WPU, Nationwide Permits, and the RGP New NWPs in March 2017 Big changes for non-federalized projects If similar changes are incorporated into the 2019 RGP, anticipate an additional PCNs per year Each month brings a new discovery ODOT s Waterway Permits process and USACE office staff now available to LPAs (voluntary) Proactive mitigation purchases Full delivery mitigation on a project by project basis

8 National Policy Clean Water Act Section 404 exemptions for transportation maintenance projects Think before implementation of the Stream and Wetland Valuation Metric (SWVM) tool in Ohio Exempt routine maintenance of highway bridges and culverts from asbestos inspection requirements Rescind Executive Order Protection of Wetlands Exempt routine highway maintenance from The Migratory Bird Treaty Act or create a simple incidental take permit process for transportation maintenance projects Under the Endangered Species Act, allow for the creation of regulatory flexibility afforded by the 4D rule for federally threatened species to also apply to federally endangered species. Consider a programmatic permit by rule approach for compliance of potential impacts to bald eagles under the Bald and Golden Eagle Protection Act for minor routine transportation maintenance work

9

10

11 Benefits of edna Sampling Cheap Near 100% accurate Non-invasive Weather independent Doesn t require years and years of study and experience to identify species Could survey multiple times for a species at a fraction of the cost of a single traditional survey

12

13

14

15

16 Bumble Bee Research Develop standard sampling protocol Develop standard definition of suitable habitat Develop a statewide range map Other species?

17