Incorporating Environmental Concerns into Long Range Transportation Planning

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Edgar Hunter
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1 Incorporating Environmental Concerns into Long Range Transportation Planning Project Timing Project Costs Approaches Broad-Simple Approach Specific-Simple Approach

2 Incorporating Environmental Concerns into LRTP Project Timing o Migratory/breeding season for T&E species o Survey season o USFWS consultation o ACOE consultation o Extended review times for FHWA/BIA

3 Incorporating Environmental Concerns into LRTP Project Costs Delays Species surveys Wetland delineations Mitigation measures

4 Incorporating Environmental Concerns into LRTP Broad-Simple Approach Identify all T&E species and general amount of wetlands within each county or tribal area Data for this easily accessible based on resources above Within the LRTP, have a section devoted to explaining environmental concerns and the potential impact they may have on projects within these areas This can also be general, but provides a foundation (within the planning process) for at least acknowledging the potential for these issues

5 Incorporating Environmental Concerns into LRTP Specific-Simple Approach Identify all T&E species and amount of wetlands around each proposed or inventoried route Requires more spatial analysis than before, but still not terribly complex approach Utilizes exact geographic locations of routes, coupled with publicly available data NWI, state wetland maps T&E species range maps and critical habitat maps (USFWS)

6 Incorporating Environmental Concerns into LRTP Specific-Simple Approach Route # Species A Species B Critical Habitat Wetland (acres) 204 Yes No Yes No No No No Yes No

7 Specific-Simple Approach Section devoted to explaining environmental concerns and the potential impact they may have on projects within these areas This can either be general or specific Either way, it should provide general information about each species and may go into detail as to how each species may impact a project The more specific you are at this stage will allow for more detailed planning for each route Specifically, potential delays and extra costs due to occurrence of T&E species and/or wetlands

8 Specific-Complex Approach Determining the probability that a T&E species will occur on your project site Key difference in this approach is the probability This method can take many forms of detail and complexity based on the ecology of each species Likely not needed or appropriate for most species Focus should be on most problematic (and costly) species that commonly affect construction projects Species without critical habitat designations (at least within your area)

9 Specific-complex approach Example: Piping Plover in Oklahoma, huge range map, very little actual habitat Piping Plover Range Piping Plover Habitat within Range

10 Specific-complex approach Examples: American Burying Beetle habitat suitability map ABB Range and Core Area ABB Range and Core Area with positive ABB traps ABB Habitat Suitability Map

11 Incorporating Environmental Concerns into LRTP - Summary Understanding and planning for these resources a priori allows for allocation of funds and time in the construction and design process Mitigates the surprise factor of these resources Helps reduce both time delays and un-planned costs these regulations may induce

12 Impacts They Happen! We should want to protect and preserve environmental resources Sometimes they are culturally important as well Impacts are not nuisances but can be if encountered late in the project process Proper planning and accounting can ameliorate the NEPA process Change the perception of impact issues by integrating them into the planning process

13 Threatened and Endangered (T&E) Species Key considerations: Know your T&E species Know about any critical habitat designations Know about survey requirements for species Understand mitigation measures and best management practices (BMPs)

T&E Species Section 7 USFWS Endangered Species Homepage https://www.fws.

14 T&E Species Section 7 USFWS Endangered Species Homepage USFWS Regional Offices USFWS State Offices and Other State Entities

15 T&E Species Section 7 Information for Planning and Consultation (IPaC)

16 T&E Species Section 7 Ecology of each species General habitat requirements

17 T&E Species Section 7 Ecology of each species Timing of occurrence (migratory vs. year-round)

18 T&E Species Section 7 Critical Habitat Areas of habitat believed to be essential to the species' conservation A designation requires Federal agencies to ensure that actions they plan to undertake, fund, or authorize do not destroy or adversely modify that habitat USFWS Critical Habitat Information See your project/area through the eyes of these species Understanding what each species requirement s are and where they generally occur helps plan for probability of occurrence in your project area Species determinations No effect generally easy to determine based on general information May effect (likeliness of adversity) harder to determine, may need other resources

19 Waters of the United States (WoUS) Key considerations: Know the types of WoUS Know the potential for your landscape to have WoUS Know how to define a WoUS Understand mitigation measures and best management practices (BMPs)

20 What is a WOUS?

21 What is a WOUS? 2016 stay of Clean Water Rule by the U.S. Court of Appeals for the Sixth Circuit 28 Feb Executive Order Review and rescind or revise the 2015 Rule 22 Jan Supreme Court held that the courts of appeals do not have original jurisdiction to review challenges to the 2015 Rule. 31 Jan Agencies signed a final rule adding an applicability date to the 2015 Rule (2 yrs). Currently using pre-2015 Rule definitions of WOUS

22 So...What is a WOUS? 3 main types: Traditional navigable water (TNW) Tributary of TNW Wetland adjacent to either (significant nexus)

Much more complicated Generally requires field

23 How to define a WOUS OHWM For creeks, drainages, rivers Limited to the extent of the channel Wetlands Much more complicated Generally requires field delineation of boundary ACOE 1987 Manual/Regional Supplements

24 Landscape Potential for WOUS Non-wetland WOUS Pretty much any tributary or creek/river that shows up on typical maps Wetland WOUS Hydric soil maps Topographic maps

Landscape Potential for WOUS National Wetland Inventory Map https://www.fws.gov/wetlands/data/mapper.

25 Landscape Potential for WOUS National Wetland Inventory Map ArcGIS Online State Inventory Maps Minnesota Michigan

26 MN NWI Updated Map NWI Map

27 Environmental Considerations - Summary How can we incorporate environmental considerations into an LRTP? Choctaw Nation Example

28 Incorporation into LRTP Choctaw Nation Example

29 Incorporation into LRTP Choctaw Nation Example Inventoried Routes included in LRTP

30 Incorporation into LRTP Choctaw Nation Example Routes buffered based on average area of impact (50 ft) 100

31 Incorporation into LRTP Choctaw Nation Example Arkansas River Shiner (Notropis girardi) American Burying Beetle (Nicrophorus americanus) Leopard Darter (Percina pantherina)

32 Incorporation into LRTP Choctaw Nation Example Indiana Bat (Myotis sodalis) Northern Long-Eared Bat (Myotis septentrionalis) Red-Cockaded Woodpecker (Leuconotopicus borealis)

33 Incorporation into LRTP Choctaw Nation Example Ouachita Rock Pocketbook (Arkansia wheeleri) Rabbitsfoot (Quadrula cylindrica cylindrica) Scaleshell Mussel (Leptodea leptodon) Winged Mapleleaf (Quadrula fragosa)

34 Incorporation into LRTP Choctaw Nation Example Identify areas of overlap between routes and all species ranges Join this information with the route file

35 Incorporation into LRTP Choctaw Nation Example Wetlands within Choctaw Nation

36 Incorporation into LRTP Choctaw Nation Example Identify areas of overlap between routes and wetlands Determine total acreage of overlap within 50 buffer Join this information to the route

37 Incorporation into LRTP Choctaw Nation Example Table of species overlap and wetland acreages per route, for each county

38 Conclusion The LRTP provides VISION: All federally-funded projects will have to undergo the NEPA process Historical & Cultural Resources: Some impacts of this could potentially be reviewed in the planning stage similar to this approach Threatened & Endangered Species: Assess the impacts, minimize or mitigate Waters of the United States Minimize impacts, seek permits

Contact Information PRESENTERS: Pamela Jurney pamela.jurney@crosstimbersconsulting.

39 Contact Information PRESENTERS: Pamela Jurney John Edwards

NOTICE DATE: September 7, Joint Public Notice. U.S. Army Corps of Engineers and State of Arkansas

NOTICE DATE: September 7, Joint Public Notice. U.S. Army Corps of Engineers and State of Arkansas US Army Corps of Engineers Memphis District FILE NUMBER: MVM-2018-298 (BSP) Public Notice NOTICE DATE: September 7, 2018 Attn: Postmaster, Please Post Until EXPIRATION DATE: October 9, 2018 Joint Public