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Biology Manual

Oregon Department of Transportation

Prepared for

Prepared by

Mason, Bruce & Girard, Inc.


707 SW Washington Street, Suite 1300
Portland, Oregon 97205
(503) 224-3445
June 30, 2009
MB&G Project Number: 010526

TABLE OF CONTENTS

I.

INTRODUCTION............................................................................................ 2
A.
B.

II.

PURPOSE OF MANUAL......................................................................................................... 2
USING THE MANUAL........................................................................................................... 2

PROJECT DELIVERY LIFECYCLE.......................................................................2


A.
B.
C.
D.
E.

III.

AQUATIC RESOURCES................................................................................2

A.
B.
C.
D.
E.
IV.

RELEVANT LAWS................................................................................................................ 2
PROTECTED SPECIES AND HABITAT........................................................................................ 2
PROCESS FOR EVALUATING AQUATIC RESOURCES.....................................................................2
DOCUMENTS..................................................................................................................... 2
HOT TOPICS..................................................................................................................... 2
WILDLIFE RESOURCES...............................................................................2

A.
B.
C.
D.
E.
V.

INTRODUCTION.................................................................................................................. 2
PLANNING........................................................................................................................ 2
STIP PROJECT LIFECYCLE.................................................................................................... 2
MAINTENANCE.................................................................................................................. 2
MISCELLANEOUS................................................................................................................ 2

RELEVANT LAWS................................................................................................................ 2
PROTECTED SPECIES AND HABITAT........................................................................................ 2
PROCESS FOR EVALUATING WILDLIFE RESOURCES....................................................................2
DOCUMENTS..................................................................................................................... 2
HOT TOPICS..................................................................................................................... 2

BOTANICAL RESOURCES................................................................................2
A.
B.
C.
D.
E.

VI.
A.
B.
C.
D.

RELEVANT LAWS................................................................................................................ 2
PROTECTED SPECIES AND HABITAT........................................................................................ 2
PROCESS FOR EVALUATING BOTANICAL RESOURCES..................................................................2
DOCUMENTS..................................................................................................................... 2
HOT TOPICS..................................................................................................................... 2
MISCELLANEOUS.......................................................................................2
USING CONSULTANTS......................................................................................................... 2
LINKS TO OTHER DISCIPLINES MANUALS................................................................................2
SAFETY ISSUES................................................................................................................. 2
USING THE PROJECT SPREADSHEET.......................................................................................2

ODOT Biology Manual

TABLES
Table 1.
Table 2.
Table 3.
Table 4.
Table 5.
Table 6.
Table 7.
Table 8.
Table 9.
Table 10.
Table 11.
Table 12.
Table 13.
Table 14.
Table15.
Table 16.
Table 17.
Table 18.
Table 19.
Table 20.
Table 21.
Table 22.
Table 23.
Table 24.
Table 25.
Table 26.
Table 27.
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table

28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.

Project Lifecycle Stages and Milestones.........................................................


Program Development Tasks and Descriptions...............................................
Project Development Milestones and Tasks....................................................
Project Delivery Team Members.....................................................................
Project Team Member Responsibilities............................................................
Construction Award Milestones and Tasks......................................................
Construction Management Milestones and Descriptions................................
Tasks to be Completed Before Onsite Work Begins......................................
NEPA Project Classifications and Descriptions..............................................
List of CETAS Member Agencies...................................................................
List of Key STIP Participants..........................................................................
Types of Modernization Projects....................................................................
Types of Preservation Projects......................................................................
Operations Sub-Programs and Types of Projects...........................................
Types of Bridge Projects................................................................................
List of Five STIP Safety Programs..................................................................
Types of Projects Included under the Safety Program...................................
Types of Special Programs............................................................................
List and Description of Maintenance Programs.............................................
OTIA III Bridge Delivery Program Goals........................................................
List of Elements Included in a Scoping Report..............................................
ODOT Biologists Role during the Scoping Phase of a Project........................
List of Elements in the Project Prospectus....................................................
Role of the ODOT Biologist during the Preliminary Plans Phase of a Project
25
Role of the ODOT Biologists during the Advance Plans Phase of a Project.
25
Role of the ODOT Biologists during the Final Plans (PS&E) Phase of a
Project..........................................................................................................
Role of the ODOT Biologists during the Pre-Construction Meeting for a
Project..........................................................................................................
Role of the ODOT Biologists during the Construction Phase of a Project......
List of Maintenance Activities addressed in the Blue Book...........................
Regulatory Liaison Agencies and positions...................................................
Liaison Contact Examples.............................................................................
No Effect Memorandum Scenarios................................................................
Outline of NLAA Submittal Process...............................................................
Outline of NLAA Submittal Process...............................................................
Overview of ODFW Fish Passage...................................................................
Activities Requiring NOAA Fisheries Engineer Review and Approval.............
Mitigation Banking Program Goals................................................................
Biology-related Standard Specifications.......................................................
USFWS Candidate Wildlife Species...............................................................
List of Wildlife Survey Protocols....................................................................
Regulatory Liaison Agencies and positions...................................................
Liaison Contact Examples.............................................................................
No Effect Memorandum Scenarios................................................................
Outline of NLAA Submittal Process...............................................................

ODOT Biology Manual

ii

Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table
Table

45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.

Outline of LAA Submittal Process.................................................................


Biology-related Standard Specifications.......................................................
USFWS Candidate Botanical Species............................................................
ODA Noxious Weed Control Program Goals..................................................
ODA Noxious Weed Classification system.....................................................
Types of Botanical Survey Methodologies.....................................................
Regulatory Liaison Agencies and positions...................................................
Liaison Contact Examples.............................................................................
No Effect Memorandum Scenarios................................................................
Outline of NLAA Submittal Process...............................................................
Outline of LAA Submittal Process.................................................................
Biology-related Standard Specifications.......................................................
Safety Training Opportunities.......................................................................

ODOT Biology Manual

iii

I.

Introduction
A. Purpose of Manual

The ODOT Biology Manual (Manual) is a technical resource that presents biological
information, policies, and procedures relevant to transportation projects. The
Manual is designed to serve as a consolidated reference for the myriad of tasks
undertaken by the ODOT Biology Program staff. The ODOT Biology Program is
responsible for leading the compliance effort for federal, state, and local laws and
ODOT policies that pertain to aquatic species, terrestrial species, and ecological
systems during all phases of ODOT-managed transportation maintenance and
construction activities. The Biology Program also fosters the conservation and
enhancement of aquatic- and land-based biological resources during construction
and maintenance of the state highway system. The Biologists that serve in each
ODOT region play an integral role in carrying out this mission, and this Manual was
developed with their needs in mind. However, this compendium will also be useful
to other ODOT staff with biology-related questions.
Information on state and federal environmental regulations and key ODOT policies is
provided to aid staff in complying with the broad array of relevant mandates. The
Manual can also be used as a starting point for research on a variety of biological
issues, techniques, and species. For new staff, the Manual provides guidance on the
Biologists role in the ODOT project development process and maintenance
operation. Biology Program standards and procedures for fieldwork and the
preparation of environmental compliance documents are also addressed. The
Biology Manual is intended to be used in conjunction with other ODOT guidance
documents, such as the ESA Guidance Manual and the Water Resources Manual.
Links are provided throughout the Manual for the user to easily access relevant
ODOT publications and other recommended sources of in-depth information.

B. Using the Manual


The following sections of this Manual provide a discussion of the different subject
areas that an ODOT Biologist needs to be familiar with in order to adequately
perform their assigned duties. The Manual has four main sections: Project Delivery
Lifecycle; Aquatic Resources; Wildlife Resources; and Botanical Resources. A fifth
miscellaneous section addresses working with consultants, safety issues, other
ODOT discipline resources, and the use of the Biology Program project spreadsheet.
The Manual also includes a Project Milestone Timeline that can be used as a quick
reference for biologists. This Timeline presents when topics and deliverables
discussed in the Manual need to be addressed during a projects lifecycle.
Project Milestone Timeline

ODOT Biology Manual

The ODOT Biology Manual is a living document that is revised on a regular basis to
account for new information and policies. ODOT strives to keep the Manual up to
date; however, it does not guarantee that the contents represent the most current
information available. The user bears the responsibility for verifying that actions
taken to comply with laws are based on the most recent version of the applicable
regulations and agency policies.
A list of Acronyms and Abbreviations is provided for the users reference.

II.

Project Delivery Lifecycle


A. Introduction

The ODOT project delivery lifecycle is a complete business process that begins with
planning and analysis of potential projects and ends when a project is constructed
and transferred to maintenance. The process has four stages:
1. Program Development
2. Project Development
3. Award Construction Contract
4. Construction Management
Each stage has component products and activities. Table 1 summarizes the primary
milestones associated with each stage of the ODOT project delivery lifecycle. The
stages are discussed in the sections that follow. For detailed information regarding
the project delivery lifecycle, refer to the 2009 ODOT Project Delivery Guide.
Table 1. ODOT Project Delivery Lifecycle Stages and Milestones
Stage

Program Development

Project Development

Award Construction Contract


Construction Management

ODOT Biology Manual

Stage Milestones

Transportation Planning
Management Systems Analysis
Identify Potential Projects
Draft Scope, Schedule, Cost Estimate Draft
Statewide Transportation Improvement Program
(STIP) (multiple projects)
Project Selection Final STIP
Start Project
Survey, Maps, Engineering & Environmental Reports
Approved Design
Right of Way & Permits
Preliminary Plans for Construction (Preliminary Plans)
Final Plans & Special Provisions (Advance Plans)
Plans, Specifications & Estimates for Construction
(PS&E)
Advertise & Bid Opening for Design / Bid / Build
Award Contract
Before On-Site Work Begins

On-Site Work Begins


On-Site Work Completed
Acceptance of Project
Transition to Maintenance

Source: ODOT
Project
Delivery
Guide
(2009)
available
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle.

at

The descriptions of Program Development, Project Development, Award


Construction Contract, and Construction Management in this section provide a
general overview of these stages. Section C (STIP Project Lifecycle) will revisit these
stages with a focus on the specific roles and responsibilities of the ODOT Biologist.

1. Program Development
Program development is where ODOT projects are created, beginning with
transportation planning that identifies needs at the state and local levels. As these
needs are revealed and explored, projects are born.
ODOT program development occurs on a two year budget cycle that culminates in
the preparation of a list of prioritized major projects and programs known as the
Statewide Transportation Improvement Program (STIP). The cycle ends (and
begins anew) when the Oregon Transportation Commission and FHWA approve the
biennial STIP. Identifying and planning for transportation needs is an ongoing
process with periodic reviews. As shown in Table 1, program development has five
major milestones, each with several processes and deliverables. Table 2 presents a
more detailed list and description of tasks associated with program development.
Tasks that ODOT Biologists may be involved with are highlighted in red.
Table 2. Program Development Tasks and Descriptions
Program Development
Tasks

Assemble Scoping Team

Assemble Scoping Packets

Coordinate Scoping Trips

Right-of-way and Utilities


Environmental1

ODOT Biology Manual

Description
The Project Leader (PL) will assemble the scoping team based
on the resources assigned by the region. A broad-based, interdisciplinary scoping team is needed so that the product of
scoping truly considers all needsfrom concept through
maintenance, identifies critical issues and develops solutions.
The PL is responsible for assembling and distributing the
scoping packets. A scoping packet provides basic information
about the project. The packet will provide background
information to the scoping team so the team can become
familiar with the project and area.
The scoping trip is a chance for the team to visit the project
site and gather information that might not be available
elsewhere.
Based on the preliminary project "footprint, the assessment
of the ROW impacts results in a cost estimate of land and
damages.
During the Draft STIP phase the Region Environmental

Coordinator (REC) will participate in project scoping to provide


a preliminary identification of possible environmental impacts:
ROW acquisition

Access Management

Mobility

Develop Scoping Trip Notes


and Environmental Reports

ODOT Biology Manual

Impacts on land use

Energy

Traffic patterns and flow


Wetlands
Streams
Water quality
Threatened and endangered species
Archeological and historical sites
Parks
Air
Noise
Hazmat sites

Visual resources
The REC will document this information in the draft Project
Prospectus Part 3.
Access management is a comprehensive approach to the
management and regulation of driveways, medians, median
openings, traffic signals, and freeway interchanges. During
the Draft STIP phase a preliminary identification of possible
access management impacts must be documented in order to
complete the required deliverables.
Mobility is best defined as the ease with which people and
goods move throughout their community, state, and world.
During project scoping the project team needs to consider the
impacts on mobility and if a Transportation Management Plan
needs to be developed for the project.
After completing the scoping trips and compiling the
information, the Project Leader will need to complete the STIP
Scoping Summary Report. The STIP Scoping Summary Report
is broken down into six parts:
Project Scope of Work
Project Cost Estimate
Project Schedule

Develop the Project


Prospectus1
Draft Public Involvement
Plan

Project Approval
STIP Supporting Documentation

STIP Scoping Team


The Project Prospectus begins the process of prioritizing
projects for the STIP.
As stewards of the public trust, it is critical that ODOT
meaningfully engages and involves the public regarding
issues that impact them directly and follow the letter and

Draft Resource
Recommendations

Draft Project Schedule

Prepare Preliminary
Engineering and
Construction Estimate

Prepare Intergovernmental
Agreements

intent of laws requiring public input on project plans. The PL is


responsible for developing a draft communications plan.
Region Managers (RM) and the Major Projects Branch (MPB)
manager begin the delivery method selection for proposed
projects during the normal STIP update process every two
years. Selection of the delivery method is incorporated into
the preliminary scoping process.
Project schedules must be initiated, developed and published
to the Regional Managers at the initial scoping of the project.
The PL must develop a draft project schedule.
Each project will need cost estimates developed for:
Preliminary Engineering (PE): includes all work
necessary to prepare a project for contract bidding.
Construction: includes all work necessary to construct
or build the project to its designed specifications, using
appropriate construction methods and practices, while
providing a safe environment for both the traveling
public and workers throughout the project.
ODOT enters into agreements with the party (or parties) to
outline responsibilities for the various phases of project
development to be performed. The type of agreement or
agreements will depend upon the work to be covered and the
identity of the other party.

These tasks will be discussed in further detail in the following sections.


Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle.
1

ODOT Biologists are not involved in all program development stages or milestones.
During program development, ODOT Biologists may only be involved in project
scoping and preparation of the project prospectus, and only in cases where it is
requested by the Region Environmental Coordinator (REC). As such, a Biologists
involvement in these activities will be discussed in further detail in following
sections.

2. Project Development
The majority of an ODOT Biologists responsibility and work load are associated with
the project development stage of the project delivery lifecycle. Table 3 includes a
list of project development milestones and tasks associated with each milestone.
Tasks that ODOT Biologists may be involved with are highlighted in red.
Table 3. Project Development Milestones and Tasks
Project
Developme
nt
Milestones
Project
Initiation

Tasks

ODOT Biology Manual

Obtain expenditure account


Assemble Project Team

Prepare project team work


plan, preliminary survey,

Design
Acceptance
Phase (DAP)

Review and confirm project


scope
Prepare
roadway
conceptual
design
Prepare contracts
Prepare IGA
Prepare
stakeholder
participation and communication
plan
Create a project Sharepoint
Update public involvement plan
Prepare mobility strategy and
traffic management plan
Prepare DAP roadway design
Prepare
DAP
access
management
Prepare
DAP
Environmental
1
Studies
Prepare DAP traffic design
Prepare DAP Geo/Hydro design
and studies
Bridge type size and location

Preliminary
Plans

Advance
Plans

Final Plans

ODOT Biology Manual

Update stakeholder participation


and communication plan
Prepare noise mitigation final
design
Prepare access modification and
closure letters
Prepare
utility
test-hole
excavation

Prepare
ROW
map
descriptions
Acquire ROW
Obtain ROW certification
Review and approve
relocation plans

and

utility

Update public involvement plan


Access management
Prepare final plans
Prepare final construction cost

and base mapping


Prepare
hazardous
materials corridor study
Prepare
environmental
baseline report
Identify work zone traffic
issues
Prepare pavement design
Prepare traffic counts and
preliminary traffic analysis
Prepare DAP survey
Prepare DAP utility conflict
list
Prepare DAP draft railroad
maps
Prepare DAP draft right-ofway map
Prepare
DAP
value
engineering study
Prepare DAP construction
estimate
Prepare DAP construction
schedule
Prepare DAP review and
completion
Prepare preliminary plans
Revise construction cost
estimate
Revise
construction
schedule
Combine
preliminary
special provisions
Prepare preliminary plan
review and completion
Prepare advanced plans
Compile advance special
provisions
Draft
PS&E
submittal
checklist
Prepare
advance
plans
review and completion
Prepare final construction
schedule
Compile
final
special
provisions
Revise
PS&E
submittal

estimate

Plans
Specification
s&
Estimates
Closeout

Manage the exception letter

Prepare project transition


Prepare project archives
Document lessons learned

checklist
Prepare final plan review
and completion

1.PDT
Membership,
Responsibilities

Roles

&

The Project Delivery Team (PDT) is the core unit that is tasked with delivery of a
project that meets the project needs, is delivered on time, and is within budget.
Table 4 includes a list of the members of a PDT. These teams are established for
each project in the STIP to ensure that the appropriate technical issues are
addressed in decision processes in a timely manner. The composition of this team
will vary depending on the project and will be consistent with its size and
complexity. The PDT is the appropriate group to establish project strategies, resolve
project issues, and ensure informed consent from project participants and
stakeholders.
Table 4. Project Delivery Team Members
Members of Project Delivery Team
ODOT Project Leader
ODOT Construction Project Manager, Assistant PM, Project Coordinator or designee
ODOT District or Area Maintenance Manager or designee
ODOT Roadway Engineering Designer or Design Team Leader
ODOT Region Environmental Coordinator or Environmental Project Manager (if applicable)
ODOT Bridge Engineering Designer or Design Team Leader (if structural design is needed)
ODOT Traffic Services Team Member
ODOT Region Right-of-Way Agent (if right-of-way or easements are needed)
ODOT Transportation Planner / Analyst (if major transportation alternative analysis is
needed)
Other ODOT staff, as needed (i.e. Aviation, Bicycle / Pedestrian, Transit, Traffic Safety,
Freight, Rail Crossing, Planning, etc)1
Local City and/or County Public Works, Planning or Community Development Department
representatives1
Other Federal, State or Local public agency representatives 1
These members may be added to the Team at the discretion of the initial Project Team.
Source: ODOTs Guidelines for Project Teams (1997) available at
http://www.oregon.gov/ODOT/HWY/PDU/docs/pdf/GuidelinesforProjTeams.pdf.
1

A broader resource team or teams may be identified for a project to provide


expertise necessary to advance the project. An ODOT Biologist participates in the
PDT as a member of a resource team. This is a group of technical personnel within

ODOT Biology Manual

ODOT who are not decision-making members of the PDT, but are responsible for
specific technical tasks or are advisors in their areas of expertise as needed.
The core PDT is typically a small management group that provides overall strategy
and direction for the project. A resource team may be large, depending on the
scope and complexity of the project, but team members are expected to attend
meetings only as required. Resource team work is often coordinated through the
Region Environmental Coordinator or the Environmental Program Manager.
As a member of a resource team within the PDT, an ODOT Biologists role is to help
ensure a high quality and timely project. The ODOT Biologist has the authority:

To recommend protocols, solutions, or applications of standards or proper


courses of action.
To make technical decisions based on adequate personal expertise,
regulatory liaison input, or expertise from resource team input.

Table 5 includes a list of Project Delivery Team Member Responsibilities.

ODOT Biology Manual

Table 5. Project Delivery Team Member Responsibilities


Project Delivery Team Member Responsibilities
1. Recommend to the PL additional resource areas that should participate as members
of the PDT. Recommend a larger resource team as needed to provide technical
support at appropriate points in the project.
2. Advise the PL regarding project consistency with applicable laws, regulations and
policies.
3. Where irreconcilable conflicts arise, recommend to the PL modification of the project
Business Plan date, authorized project construction budget, or the scope of the
project.
4. Assist in preparation of a project development work plan to contain the following:
name of the team member assigned from each resource area; description of work
tasks, levels of effort, budget and schedule for the resource areas participation in
developing the project.
5. Negotiate with the PL any changes in project development schedule and budget to
keep the master project schedule on track.
6. Inform the PL of unforeseen issues that might impact the project scope, schedule,
and budget.
7. Participate as a member of the resource group and be responsible for ensuring the
technical support and technical excellence of the work effort by that resource group.
8. Identify issues that must be resolved and help the Project Team to develop a strategy
for successful resolution.

For additional information regarding the PDT Membership, roles, and responsibilities,
refer to the Guidelines for Project Teams (1997).

3. Award Construction Contract


The period dedicated to awarding a construction contract begins with preparations
to bid the job and ends with the award of a contract. Table 6 summarizes the major
tasks associated with each construction award phase milestone.
Table 6. Construction Award Milestones and Tasks
Construction Award
Milestones

PS&E Submittal to Bid


Opening

Bid Opening to Contract


Award

ODOT Biology Manual

Tasks

Review of PS&E Package (Quality Review)


Anticipated items
Engineers estimate
Duplication of plans and special provisions
Project advertisement
Mandatory pre-bid meeting
Distribution of plans and specifications
Communication with prospective bidders
Addenda
Bid opening
ODOT Procurement Office (OPO) Review
Bid analysis

Notice of intent to award


Construction engineering budget
Process for proceeding with award or rejection of all
bids
Construction project authorization
Review and execution of the contract
Notice to proceed

ODOT Biologists are typically not involved in the Construction Award stages or
milestones.

4. Construction Management
Construction management begins when Notice To Proceed (NTP) is issued to the
construction contractor. Construction management involves five milestones: before
on-site work begins, on-site work begins, on-site work is completed, acceptance of
the project, and the transition to maintenance. Table 7 provides a list of the
construction management milestones and a brief description of each. Tasks that
ODOT Biologists may be involved with are highlighted in red.
Table 7. Construction Management Milestones
Construction
Management Milestones

Before On-Site Work Begins

On-Site Work Begins

ODOT Biology Manual

Description
ODOT sets the stage for the working relationship with the
construction contractor. ODOT ensures all requirements are
clear to the contractor before work begins. Before on-site
project work can begin, the contractor must:
Meet with the project manager at a pre-construction
conference (pre-con) to review:
An approved project work schedule
An approved traffic control plan (TCP)
An approved erosion and sediment control plan
(ESCP)
An approved pollution control plan (PCP)
The contractor may not start work on the project, unless
otherwise directed, until the Notice to Proceed is issued and
the contract has been executed. The notice is issued once:
The contractor has furnished proper bonds and
insurance
The
Disadvantaged
Business
Enterprise
commitment is met
Subcontractor compliance is met
The contract has been executed
Following the pre-con meeting(s), the Project Manager (PM)
will issue First Notification when the contractor commences
on-site work.

10

On-Site Work Completed

Acceptance of Project

Transition to
Maintenance

First Notification is documentation of the date when the


contractor or subcontractor begins one or more of the
following:
Setting up a materials plant
Developing aggregate sources
Performing construction work
Upon completion of the contract work, the PM issues Second
Notification. All of the exclusions will be listed in the Second
Notification and the contractor must complete these in an
expeditious manner within a timeframe acceptable to the
engineer.
Second Notification documents the date when either:
All required construction work, including change order
work and Extra Work, has been satisfactorily
completed.
The PM works with the contractor to develop punch
lists or other means to assure that all cleanup and
repair work is accomplished. If the contractor notifies
the PM that the project is complete, the PM must
perform the Final Inspection and notify the contractor
of known remaining work within 15 days.
When the contractor has completed all on-site work, the PM
and Assistant Manager (AM) must recommend acceptance of
the project by completing a Recommendation of Project
Acceptance, with signature and date.
The PM must assure that all comments and concerns about
constructability, problems, solutions, and design changes are
included in the project narrative that will be distributed to the
appropriate Project Development units and others.
A smooth transition from project management to
maintenance is essential for the success, longevity and
functionality of transportation investments. Therefore, the PM
works closely with the District Manager throughout the
duration to ensure the intent of the project is being fulfilled
and that the final product is maintainable.
The project team needs to convey all appropriate information
and special considerationsincluding any commitments made
about each completed project to the district maintenance
office to ensure its ongoing success as part of Oregons
infrastructure.

Before onsite work can begin, six tasks must be completed. Table 8 summarizes
these tasks. Tasks that ODOT Biologists may be involved with are highlighted in red.
Table 8. Tasks to be completed before onsite work begins
Tasks Before Onsite
Work Begins

ODOT Biology Manual

Description

11

Pre-Award

Pre-Construction
Meeting1
Project Schedule

Traffic Control Plan

Erosion and Sediment


Control Plan

Pollution Control Plan

Very early during project development, the Project Team


establishes the project objectives and identifies any special
concerns.
Before a project is advertised for bids, the PM will meet with
the Project Team to ensure that the project is constructible
and will achieve its objectives.
The Contractor must meet with the PM, following NTP, for a
pre-con prior to commencing onsite work.
The Contract requires the contractor to prepare, submit, and
update the project schedule. The type of schedule and
subsequent updates required are based on the size and
complexity of the project.
Five days prior to the pre-con meeting, the contractor must
submit a written acceptance of the contract proposed TCP or
provide changes to the TCP with supporting details.
Throughout the duration of the project, the contractor must
submit the details of each TCP. The PM must approve each
before the contactor may commence work.
No less than 10 calendar days prior to the pre-construction
conference, the Contractor must submit an ESCP, or proposed
modifications to the ESCP shown in the plans, for review by
the PM. The PM must approve the ESCP before the Contractor
may commence work.
The Contractor must prepare and submit a PCP 10 days prior
to the pre-con meeting. The PM must review and approve the
PCP before the contractor may commence work. If the PCP is
not achieving the desired results, or it no longer relates to
actual or planned situations at the project site, the contractor
must modify its PCP to adequately protect the actual or
planned situations.

This task will be discussed in further detail in the following sections.

B. Planning
1. NEPA
The National Environmental Policy Act (NEPA) is the federal mandate that requires
consideration of the human environment in federal agency decision making. NEPA
establishes policy, sets goals, and provides the means for carrying out the policy.
NEPA contains "action-forcing" provisions to ensure that federal agencies act
according to the letter and spirit of the Act. NEPA also established the national
Council on Environmental Quality (CEQ). The CEQ NEPA regulations inform federal
agencies what they must do to comply with NEPA procedures and achieve the goals
of the Act. In addition, the Federal Highway Administrations implementing
regulations for NEPA can be found on the Government Printing Offices website.
NEPA requires that environmental information is made available to public and
agency officials and citizens before decisions are made and before actions are
taken. The NEPA process is intended to help public officials make informed decisions
ODOT Biology Manual

12

that include an understanding of environmental consequences. NEPA documents


(such as Environmental Assessments (EAs) and Environmental Impact Statements
(EISs)) address the environmental and socioeconomic issues that are relevant to the
action in question.
NEPA applies to major federal actionsnew and continuing activities that are
entirely or partially financed, assisted, conducted, regulated, or approved by one or
more federal agencies. Funding from the federal government for state
transportation projects creates a federal nexus that makes some ODOT projects
subject to NEPA. It has been ODOTs practice to apply the NEPA process to actions
that have the potential to significantly impact the human environment, even if the
project does not meet the definition of major federal action.
The NEPA process varies depending on the scope of the project and its anticipated
impacts; there are three categories of projects, referred to as Class 1, Class 2, and
Class 3 projects. Table 9 includes a description of each of these categories.
Table 9. NEPA Project Classifications
Project Classification

Class 1

Class 2

ODOT Biology Manual

Description
Significant impacts to the natural or social environment that
cannot be fully mitigated or reversed. Requires the
preparation of a Draft and Final Environmental Impact
Statement (DEIS/FEIS) and the issuance of a Record of
Decision (ROD). These are typically very large projects (e.g.,
new controlled access freeways, projects of four or more lanes
on a new location). They may also be projects that completely
eliminate a resource (such as demolition of a historic bridge or
filling in a unique wetland).
Class 1 projects require environmental documentation and
design approval.
Very little individual or cumulative impact on the
environment; the natural and social environments will
essentially be the same as before the project was undertaken.
This is also known as a Categorical Exclusion. A Categorical
Exclusion
does
NOT
mean
exemption
from
other
requirements. It may require environmental studies or
clearances/permits
(e.g.,
biological
assessment,
106
documentation), but does not require an EA or EIS.
Environmental documentation for Class 2 projects is the
project classification document.
It is called the Project
Prospectus and the Part 3.

13

Class 3

Required for "borderline" projects-where the significance of


the impact on the environment is not clearly established (it is
unclear whether the action is a Class 1 or Class 2). May have
impacts that do not substantially change the character of an
area, but can be mitigated to some degree. Requires the
preparation of an Environmental Assessment (EA) and a
Revised Environmental Assessment (REA) to document project
impacts and mitigation.

(Note: most ODOT projects are Class 2; only a small percentage are classified as a Class 1 or
3.)

An ODOT Biologists workload will largely be comprised of Class 2 projects. Class 1


and 3 projects are often out-sourced to consultants and are the primary
responsibility of ODOT Environmental Program Managers (EPMs). ODOT Biologists
serve a secondary role in the delivery of these types of projects by providing
reviews of technical reports or coordinating consultation with regulatory agencies.
Review of NEPA technical reports occurs prior to beginning preparation of ESA
documents. However, the Biological Opinion (BO) and/or Letter of Concurrence
(LOC) must be received before the NEPA process can be completed.
For additional information regarding NEPA, refer to the NEPA Topic Sheet.
Additional information can also be found in the NEPA Guidance for Technical
Specialists and ODOTs Geo-Environmental Section NEPA Coordination
website.
i. CETAS
Involvement
(Major
Transportation Projects Agreement)
In February 2001, Oregons state transportation and environmental agencies and
their federal counterparts signed a charter agreement establishing the Collaborative
Environmental and Transportation Agreement for Streamlining, or CETAS. CETAS is a
forum designed to facilitate intergovernmental coordination during the development
of a Class 1 or 3 project. Table 10 includes a list of CETAS member agencies.
Table 10. List of CETAS Member Agencies
CETAS Member Agencies

Federal Highway Administration (FHWA)


National Marine Fisheries Service (NOAA Fisheries)
Oregon Department of Land Conservation and Development (DLCD)
Oregon Department of Environmental Quality (DEQ)
Oregon Department of Fish and Wildlife (ODFW)
Oregon Division of State Lands (DSL)
Oregon Parks and Recreation Department(OPRD)
State Historic Preservation Office (SHPO)
Oregon Department of Transportation (ODOT)
US Army Corps of Engineers (USACE)

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14

US Environmental Protection Agency (EPA)


US Fish and Wildlife Service (USFWS)
ODOT presents its projects to the CETAS members in a monthly meeting. The
environmental aspects of each project are discussed and concurrence is sought
from each member agency on four critical points in ODOTs project development for
agency involvement:

Purpose and need


Range of alternatives to be studied in the EIS or EA
Criteria for selecting the preferred alternative
Selection of the preferred alternative

Concurrence at these four points does not replace each agencys official regulatory
decision that occurs at the completion of the EIS or EA. Instead of becoming
involved at the permitting stageafter ODOT has invested in what it hopes is a final
designCETAS members are involved earlier and can influence ODOTs decisions
through collaborative problem solving. While CETAS is intended to optimize agency
review efforts to ensure quicker permitting decisions, it is also intended to bring
about transportation projects with better environmental outcomes. The stated goal
of CETAS is to identify and implement collaborative opportunities to help each
participating agency realize its mission through sound environmental stewardship,
while providing for a safe and efficient transportation system.
For information regarding CETAS, refer to the CETAS Streamlining page on
ODOTs Geo-Environmental website.

2. Types of Projects
All Class 1, 2, and 3 projects go through the same project delivery stages (i.e.,
program development, project development, award construction contract and
construction management). However, not all projects include the same components
and activities during project development. The following sections discuss the
different types of projects that an ODOT Biologist may encounter.
i. Statewide Transportation Improvement
Projects (STIP)
The Statewide Transportation Improvement Program, known as the STIP, is Oregon's
four year transportation capital improvement program. It is the document that
identifies the funding for, and scheduling of, transportation projects and programs.
It includes federal, state, city, and county transportation system projects,
multimodal projects (highway, passenger rail, freight, public transit, bicycle and
pedestrian), and projects in the National Parks, National Forests, and tribal lands.

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Federal law requires that the state adopt a new STIP every two years. The state
entrusts the Oregon Transportation Commission (OTC) to oversee the STIP process.
The STIP covers a four-year period and the cycle begins in even numbered years
(e.g. the 2006-2009 STIP). Many citizens and groups participate in developing the
STIP, including local and regional governments, tribal governments, federal
agencies, special advisory committees, and interest groups.
The STIP is a project scheduling and funding document. It is not a plan, but may
include planning and environmental studies that relate to potential construction
projects. It lists transportation projects that are approved for construction as well as
transit programs and other projects that are funded during the next three years. The
fourth year that is programmed in the STIP is advisory only and funding is not
obligated to those projects. Because the STIP is updated every two years, much of
the focus is on the third and fourth years of the cycle because those are the years in
which projects usually first appear in the STIP. Most of the projects that are
programmed in the first two years of a STIP cycle have simply moved up from years
three and four of the previous STIP cycle.
The STIP includes all major transportation projects and programs in Oregon that are
funded with federal dollars. It also includes state-funded projects that relate to the
state highway system, and regionally significant locally funded projects in
metropolitan areas that affect the states transportation system. The STIP does not
identify routine maintenance projects, but it does identify major pavement repairs
and overlays, especially those on interstate and regional highways.
Most projects in the STIP involve improvements to existing facilities, such as
repaving a highway, replacing a traffic signal, or protecting a road from a rock slide.
The STIP also includes project development work, such as engineering and
environmental studies for future projects, and earmarked projects that are
specifically designated in federal legislation. Table 11 lists the key participants in
development of the STIP.

Table 11. List of Key STIP Participants


State of Oregon
Oregon Transportation Commission (OTC)
Oregon Department of Transportation
(ODOT)
ODOT Divisions
ODOT Regions
Area Commissions on Transportation
(ACTs)
Oregon
Freight
Advisory
Committee
(OFAC)
Federal Government
Federal Highway Administration (FHWA)
Federal Transit Authority (FTA)
Tribal Governments
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16

United States Forest Service (USFS)


Western Federal Lands Highway Division
(WFLHD)
Local and Regional Entities
Metropolitan Planning Organization (MPO)
Transportation Management Area (TMA)
Cities and Counties

The following sections describe the major programs that fund different types of STIP
projectsmodernization, preservation, operations, safety and special programs
and section IIC of the Manual reviews the lifecycle of a STIP project. For more
information regarding the STIP, refer to the ODOT STIP Users Guide and the
STIP page on ODOTs website.
a.

Modernization

Projects
Modernization projects add new capacity to the transportation system.
Modernization projects are divided into three classes based on the level of
environmental work needed: Class 1 (requires preparation of an EIS), Class 2
(Categorical Exclusion), and Class 3 (requires preparation of an EA). Table 12 lists
the types of modernization projects.
Table 12. Types of Modernization Projects
Types of Modernization Projects
New alignments, facilities, bypasses
New safety rest areas
Passing and climbing lanes, including:
Turn lanes
Acceleration and deceleration
lanes
High-occupancy vehicle lanes
Widening bridges to add lanes
Intersection improvements
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

b.

Preservation

Projects
Preservation projects protect the states investment in the highway system. By
maintaining elements of the existing system, preservation work extends the service
life of existing infrastructure beyond what can be done through routine
maintenance. Preservation funding may not be used to increase capacity.
Preservation projects adhere to the environmental work classifications (Class 1,
Class 2, and Class 3). Table 13 lists the types of preservation projects.

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17

Table 13. Types of Preservation Projects.


Types of Preservation Projects
Pavement overlays (including minor safety and bridge improvements)
Interstate Maintenance Program (pavement preservation projects on the
interstate system)
Reconstruction to re-establish an existing roadway
Resurfacing projects
Grade separations
Intersection improvements
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

c.

Operations

Operations projects increase the efficiency of the highway system, leading to safer
traffic operations and greater system reliability. Table 14 lists the four Operations
sub-programs and examples of the types of projects and activities they manage.
Table 14. Operations Sub-Programs and types of projects
Four Operations Sub-Programs
Signs, signals, and illumination
Intelligent Transportation Systems
Transportation demand management
Slides and rockfalls

Types of Projects within each program


Interconnected traffic signals, new traffic signals
Ramp meters, incident management, emergency
response, variable message signs and traffic
management operations centers
RideShare, van pool, park-n-ride programs
Repairs

Source: ODOT
Project
Delivery
Guide
(2009)
available
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

at

Operations projects also adhere to the environmental work classifications (Class 1,


Class 2, and Class 3). The duration of project development for an operations project
can vary.
d.

Bridge

Bridge projects improve the safety and condition of the states bridges, overpasses,
tunnels and culverts (over six feet in length) beyond the scope of routine
maintenance. These projects vary from complete replacements to rehabilitation or
repair. Bridge projects also observe the environmental work classifications (Class 1,
Class 2, and Class 3). Table 15 includes a list of the different types of bridge
projects.
Table 15. Types of Bridge Projects
Bridge Projects
Bridge replacement

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18

Overpass screening
Bridge rail end treatments
Seismic retrofitting
Painting and cathodic protection
Sound walls and earth retaining
walls
Improved railings
Sign, signal and illumination
supports
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

e.

Safety

Most of projects in the STIP yield a safety benefit, but there are some projects that
fit into a separate safety category. There are five safety programs in this STIP
category and they are listed in Table 16.
Table 16. Five STIP Safety Programs
STIP Safety Programs
Highway
Safety
Improvement
Program
1. Rail
Crossing
Improvement
Program
2. Safety Investment Program
3. Safe Routes to School Program
4. High Risk Rural Roads Program
Source: ODOT Project Delivery Guide (2009) available at
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

These programs are designed to improve hazardous highway locations and


corridors. They aim to reduce the number of fatal and serious injury crashes. Safety
projects are divided into two classes based on needed environmental work: Class 2
(Categorical Exclusion) and Class 3 (Requires preparation of an EA). Table 17
includes a list of the types of projects included under the Safety Program.

Table 17. Types of projects included under the Safety Program.


Safety Program Projects
Access management
New guardrails
Lights, striping and signing
Channeling
traffic
at
intersections
Continuous shoulder rumble

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strips
Railroad
improvements

crossing

Source: ODOT Project Delivery Guide (2009) available at


http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

f.

Special

Programs
There are some programs included in the STIP that meet special needs or
mandates. These special programs have funding that is more restrictive and
specific, as directed by state or federal law. Projects funded by these programs may
need as much as three years to develop and prepare for construction. Table 18
includes a list of the types of Special Programs.
Table 18. Types of Special Programs.

Special Programs
Bicycle and Pedestrian Program
Maintenance Program
Congestion Mitigation and Air Quality
National Scenic Byways Program
Public Lands Highways Discretionary
Program
Culvert
Replacement
and
Fish
Program
Rail and Highway Crossing Program
Recovery Program
Special City Allotment Program
Emergency Relief Program
Transportation Enhancement Program
Environmental Program
Transportation Growth Management
Immediate Opportunity Fund Program
Intelligent
Transportation
System
Program
Transportation Safety Program
Program

Source: ODOT
Project
Delivery
Guide
(2009)
available
http://www.oregon.gov/ODOT/HWY/PDU/pd_guide.shtml#Project_Delivery_Lifecycle

at

Further descriptions of many of these Special Programs are available in the ODOT
STIP Users Guide.

i. Local Agency Projects


A local agency project is a transportation project that is located outside the state
highway system on local or county roads. These projects are generally of a smaller
scale than ODOTs STIP projects, and are typically funded with a combination of
local resources and federal money distributed through ODOT.
The Federal-aid Highway Program is a cost-based reimbursement program between
FHWA and state DOTs. FHWA provides funds to ODOT and ODOTs Federal-aid
Program reimburses the funds to eligible local agencies. Local government entities
such as cities, counties, ports, special districts, tribes and other federal agencies are
eligible for such federal funding. In order to use federal-aid funding, a local
agency or its consultant(s) must be suitably staffed and equipped to perform
federal-aid work. They are responsible for ensuring that all relevant federal and
state requirements are met in the expenditure of these funds (23 CFR 1.11[b]).
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20

ODOTs local agency program is administered by the local agency liaisons. The
liaisons ensure that the projects meet federal and state requirements according
to established ODOT standards.
ODOT Biologists roles are different when they are involved with local agency
projects as compared to STIP projects. ODOT Biologists provide an oversight role
during project development of local agency projects because these projects are
usually out-sourced to consulting firms. ODOT Biologists may review the scopes of
work for the local agency liaison to ensure that the work proposed (hours and tasks)
is reasonable given the size and complexity of the project. In addition, ODOT
Biologists provide technical review of biology-related deliverables prior to submittal
to regulatory agencies. For example, if a consultant prepares a Biological
Assessment for a bridge replacement on a local agency project, the ODOT Biologist
would review the document for accuracy prior to submittal to NOAA Fisheries.
Finally, ODOT Biologists may help facilitate conversations and communication
between consultants working on local agency projects and regulatory agency staff
reviewing deliverables.
For additional information about the Local Agency Program, refer to the 2008 Local
Agency Guidelines

ii. Maintenance Projects


Maintenance projects are conducted to ensure the longevity and functionality of
ODOTs transportation investments. Maintenance projects are overseen by the
Office of Maintenance. There are 15 Maintenance Districts across the state.
Each district is responsible for the day-to-day maintenance and operation of the
state highways in their respective geographic area. Table 19 lists the maintenance
programs that comprise the work of these districts.
Table 19. Maintenance Programs
Program

Clean Water

Emergency
Response

Maintenance Programs
Description
Develops and implements the federally mandated requirements of the
Clean Water Act and the Safe Drinking Water Act, including the National
Pollutant Discharge Elimination System (NPDES).
Sub-Programs:
Tree Management
Vegetation Management
Winter Maintenance Practices
ODOT has an important supporting role in emergency response and
disaster recovery. A functional transportation system is crucial for getting
emergency responders and life saving supplies where they need to go, and
in helping promote economic recovery after a disaster.
Sub Programs:
Emergency Operations
Public Works Mutual Aid

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Field
Services

Maintenance
Services

Permits

Emergency Contractor Registry


Emergency Preparedness Committee
Provides support for maintenance personnel performing traffic line or
legend work. The support includes training, acquiring materials or
equipment, troubleshooting, use of new products and administration of
traffic line or legend contracts administered through the Maintenance
program. Also develops, provides, and facilitates training as needed or
requested by the Maintenance Districts.
The Maintenance Services Coordinator assists Maintenance staff in
developing, interpreting, and applying the laws, rules and policies for
highway maintenance activities as well as administers the Sno-Park,
Snowmobile, and Youth Litter Patrol programs and Safety Rest Area vending
services.
Sub-Programs:
Sno-Parks
Snowmobiles
Youth Litter Patrol
Safety Rest Area Vending
Permits are required for activities along or for use of a state highway other
than for normal transportation purposes. This includes utility companies,
developers, businesses, volunteers, nonprofit organizations, governmental
entities, and others desiring to place facilities or conduct activities along a
state highway. These are often referred to as encroachment permits.
Sub-Programs:
Access
Sub-Programs:
Adopt-a-Highway
Outdoor Advertising
Over-Dimensional Vehicles
Utilities

Source: ODOTs Office of Maintenance and Operations webpage available at


http://www.oregon.gov/ODOT/HWY/OOM/index.shtml.

The role of ODOT Biologists in maintenance projects is similar to their role in STIP
projects. The ODOT Biologist is responsible for developing a strategy for compliance
with relevant laws and regulations, conducting field surveys, and preparing
documentation demonstrating compliance with those relevant laws and regulations.
Funding for maintenance projects is primarily provided using state funds and, as
such, there is no federal nexus. Exceptions to this include situations when an
Emergency or Urgency has been declared by the ODOT District Maintenance
Manager, Transportation Maintenance Manager, Governor, or President.
Emergencies and Urgencies may include widespread flooding, downed trees,
landslides, etc. In cases where an Emergency or Urgency has been declared, FHWA
may authorize the use of federal relief funds or funds may be allocated through
Federal Emergency Management Agencys (FEMA) Public Assistance (PA) Grant
Program.

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22

The objective of the FEMA Public Assistance PA Grant Program is to provide


assistance to state, tribal and local governments, and certain types of private
nonprofit organizations so that communities can quickly respond to and recover
from major disasters or emergencies declared by the President.
Through the PA Program, FEMA provides supplemental federal disaster grant
assistance for debris removal, emergency protective measures, and the repair,
replacement, or restoration of disaster-damaged, publicly owned facilities and the
facilities of certain private non-profit organizations. The PA Program also encourages
protection of these damaged facilities from future events by providing assistance for
hazard mitigation measures during the recovery process.
Additional exceptions to a lack of a federal nexus for maintenance projects are
situations where a permit is needed from the U.S. Army Corps of Engineers (Corps)
for work within Waters of the U.S. or wetlands.
In 1995, ODOT developed the Routine Road Maintenance Guide (Blue Book) in
coordination with maintenance managers, field staff, and environmental staff to
address Section 4(d) of the Endangered Species Act. ODOT included a list of Best
Management Practices (BMPs) to minimize these impacts in the Blue Book. The Blue
Book and its applicability are further discussed in section D (Maintenance) and the
ODOT Blue Book Topic Sheet.

iii. OTIA Projects


The state legislature created another source of funding for transportation projects
with the Oregon Transportation Investment Act (OTIA). The third authorization in
2003, OTIA III, allocates $2.46 billion to transportation projects over a ten year
period. $1.3 billion is specifically designated for the repair and replacement of aging
state highway bridges. The OTIA III State Bridge Delivery Program is managing
work on more than 300 state bridges. The program is overseen by the OTIA III State
Bridge Delivery Program Oversight Committee. Table 20 lists the program goals.
Table 20. OTIA III Bridge Delivery Program Goals
Program Goals
1. Ease of traffic movement contracting strategies that keep traffic moving will
minimize effects on other industries and the public.
2. Expedient delivery quick project delivery will allow freedom of freight
movement and ensure that products can be delivered throughout the state.
3. Involvement of Oregon construction firms and employees the use of
Oregon firms and employees, emerging small businesses and minorities will result in
economic stimulus that will benefit the state overall.
Source: ODOTs webpage for the OTIA III State Bridge Delivery Program available at
http://www.oregon.gov/ODOT/HWY/OTIA/bridge_delivery.shtml.

In April 2004, ODOT contracted with Oregon Bridge Delivery Partners (OBDP), a
private-sector firm, to manage the state bridge delivery program. OBDP is a joint
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23

venture formed by HDR Engineering Inc. and Fluor Enterprises Inc. Their charge is to
provide day-to-day support to the OTIA III State Bridge Delivery Program, ensure
quality projects at least cost, and manage engineering, environmental, financial,
safety and other aspects of the program.
The Oregon Transportation Commission, the Governor, and the Legislature have
placed increasing priority on Oregons bridge program and have shifted funds in
that direction during the past two biennia. The 2003-2005 bridge budget request is
more than a 100 percent increase over the 1997-1999 biennium. The percentage of
the ODOT Highway Fund budget allocated to the bridge program has more than
doubled in the same period. In 2003, the Legislature passed House Bill 2041, which
provides $1.3 billion for the replacement and repair of bridges on state highways.
ODOT Biologists are not often involved with OTIA projects. If an ODOT Biologist is
involved, it will be in an advisory capacity providing minimal oversight during
project development. This is because OTIA projects are entirely out-sourced to
consulting firms and OBDP provides consultant oversight during the development of
OTIA projects.

C. STIP Project Lifecycle


The STIP Project Lifecycle section describes the process of developing a project from
the initial planning phase through design and to implementation on the ground
during construction. Although section A of the Manual provided an overview of the
Project Lifecycle, additional detail is provided here in order to focus on the ODOT
Biologists roles and responsibilities. The general steps described in this section are
also followed during the development of Local Agency and OTIA projects.

1. Scoping
Scoping occurs when projects are moved onto the STIP from the Oregon
Transportation Plan (OTP). The OTP is the overall policy document that directs
transportation investments for Oregon. The OTP calls for ODOT to undergo a
scoping process for each project where a team investigates the proposed site,
conducts an initial site reconnaissance, and develops the project scope and
prospectus. This process advances the potential project for possible inclusion into
the STIP. The scoping team also identifies deliverables that must be completed in
order to deliver a project that addresses the purpose and need. The scoping teams
investigation allows them to provide an initial recommendation on the delivery
method, timeline, and budget.
Once the STIP projects have been prioritized, ODOT Project Leaders are assigned
projects and they begin gathering relevant project information. The Project Leader is
responsible for preparing a scoping report for the proposed project. Table 21 lists
the elements included in a scoping report.

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24

Table 21. List of elements included in a Scoping Report


Scoping Report Elements
Problem statement
Outline of project elements
Preliminary cost estimate
Anticipated design exceptions
Required agreements
ROW requirements
Environmental scope
Utility conflicts and permits
Unique or special elements

Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project. Table 22 lists these potential tasks. In addition, project tasks and timing are
visually displayed in the Project Milestone Timeline.
Table 22. Roles of the ODOT Biologist during the Scoping Phase of a
Project
Role of ODOT Biologist during Scoping

1. Provide REC with input regarding biological elements of the project and potential
impacts to threatened and endangered species as part of the preparation of Part 3
of the Project Prospectus.
2. Provide REC with input regarding the types of biology-related reports that may be
necessary for the project. These reports may include a Biological Assessment, a
SLOPES IV compliance report, an ODFW Fish Passage Plan, a Botanical Clearance
Report, or a stormwater management plan.
3. Provide REC with input regarding avoidance of impacts to migratory birds.
4. Identify presence of listed or sensitive species that may be potentially affected by
the proposed project.
5. Provide the REC with the appropriate In-Water Work window for the stream(s) or
river(s) potentially affected by the proposed project.

i. Project Prospectus / Part 3


The scoping report is the first step in completing a Project Prospectus. A Project
Prospectus includes three parts: Part 1, Part 2, and Part 3. ODOT Biologists are
typically only involved in the preparation of the third Part of the Project Prospectus.
Parts 1 and 2 are prepared by the ODOT Project Leader in consultation with the PDT.
These first two sections document the preliminary scope and cost estimate for the
proposed project. Once Parts 1 and 2 have been reviewed and forwarded to the STIP

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25

Coordinator, it is the RECs responsibility to prepare Part 3 of the Project Prospectus.


Table 23 lists the elements included in a Project Prospectus.

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Table 23. List of the elements of the Project Prospectus

Part 1

Part 2

Part 3

Project Prospectus Elements


Gives the project location
Provides an overview of the project
Summarizes the problem
Summarizes the proposed solution
Provides the estimated preliminary engineering, right of way, utility, and
construction costs at a high level
Defines who is responsible for completing different categories of the
projects design (State, Consultant, or Applicant)
Includes information on base design requirements
Includes information on the structures that are to be developed or modified
Includes a diagram showing before and after lane widths
Details the environmental impact of the project which is created from the
environmental discipline information.
The environmental discipline information includes:
-Estimated ROW impacts
-Estimated traffic volumes, flow patterns, and safety impacts
-Estimated wetland, waterway, and water quality impacts
-Estimated biological and threatened and endangered species
impacts
-Estimated archeological and historical impacts
-Estimated park and visual impacts
-Estimated air, noise, and energy impacts
-Estimated Hazmat impacts
-Preliminary identification of potential areas of critical concern
and controversial issues

2. Preliminary Engineering
i. Preliminary Plans (30% Design)
During this phase of project development, the project team prepares a Draft Design
Acceptance Package (DAP) for the purpose of identifying any major issues related to
the proposed project, identifying potential solutions, and proposing a project design.
The phase is a critical point of decision that establishes the boundaries of the
project footprint and allows for the concurrent Right-of-Way (ROW), permitting, and
construction contract document activities to move forward. DAP also addresses
environmental and land use requirements, and how they subsequently affect
permitting and the development of construction contract documents. DAP occurs at
the end of the initial design phase and requires all project disciplines to review the
design for balance of context with standards and policies. It is the primary
opportunity for both technical and non-technical stakeholders to review design
elements according to their specific interests.
This phase may involve the following tasks, depending on the scope and complexity
of the project: preliminary site surveying, mapping, alternatives analysis and
selection, environmental documentation, and public and agency involvement. Once

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27

the DAP is reviewed by the Project Team, a Design Acceptance Workshop (DAW) is
convened to discuss changes to the design and to resolve project issues. The result
of this workshop is a Final DAP which identifies the preferred design proposed for
the project. When projects include the construction of a bridge, this phase also
includes the preparation of a Type, Size, and Location (TS&L) Report which provides
the proposed design for the bridge.
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project; Table 24 lists these potential tasks. In addition, project tasks and timing are
visually displayed in the Project Milestone Timeline.
Table 24. Roles of the ODOT Biologist during the Preliminary Plans Phase
of Project Development
Roles of ODOT Biologist during Preliminary Plans

1. Conduct environmental studies (i.e. Northern Spotted Owl Surveys, Botanical


Surveys, Fish surveys, etc.).

2. Provide input to the PDT regarding permitting.


3. Make recommendations about the proposed design so that the project can meet
certain programmatic permit thresholds.
4. Prepare environmental documentation (No Effect Memos, Not Likely to Adversely
Affect [NLAA] Biological Assessments [BAs], Standard Local Operating Procedures for
Endangered Species (SLOPES IV) reports, and Likely to Adversely Affect [LAA] BAs).

5. Attend PDT meetings as necessary.

ii. Advance Plans (90% Design)


The selected design alternative is further developed and refined during the Advance
Plans stage of Project Development. The Project Team also begins to develop
detailed plan drawings and specifications during this stage. In addition, Advance
Plan tasks include detailed surveying and mapping, permitting and ROW acquisition,
and development of a cost estimate. A Plans-in-Hand meeting is held during this
phase to review and comment on the advanced plans and specifications.
This is a key interim step of the contract document phase, and requires all project
disciplines to review draft contract documents for completeness and accuracy. It is
the primary opportunity for technical staff to provide quality control review of the
project plans, specifications, and estimate as a package.
Advance Plans, which include the revisions resulting from the Preliminary Plan
review, are issued in accordance with the approved project schedule. They are
accompanied by the projects special provisions. The project team completes the
PS&E checklist as a status point to evaluate how the project is progressing towards
PS&E.

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Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project; Table 25 lists these potential tasks. In addition, project tasks and timing are
visually displayed in the Project Milestone Timeline.

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Table 25. Roles of the ODOT Biologist during the Advance Plans Phase of
Project
Roles of ODOT Biologist during Advance Plans

1. Provide input to the PDT regarding permitting.


2. Attend PDT meetings as necessary.
3. Continue to make recommendations about the proposed design so that the project
can meet certain programmatic permit thresholds.

4. Submit environmental documentation (NLAA BAs and LAA BAs).


5. Continue to prepare additional environmental documentation (e.g. No Effect Memos,
botanical clearance reports, and ODFW fish passage plans).

6. Prepare specifications relevant to biology.

iii. Final Plans (PS&E)


The Project Team incorporates the comments and edits from the Advance Plans
Design Review Workshop during this phase, which results in the final PS&E
packages. This package includes a set of design drawings and will be used during
construction of the proposed project. The final PS&E package is submitted to the
Office of Pre-letting so that that the project can be advertised for contractor bids.
PS&E is the last opportunity for contract documents to be reviewed by technical
staff for quality control and document completeness, before the project is ready to
move forward for FHWA review (when needed) and PS&E submittal. In some smaller
projects, teams may not issue the Final Plans for additional review. This step is
recommended, when the schedule allows, to provide an opportunity for review of
the package in its entirety with the corrections from the Advanced Plans phase.
Potential tasks that the ODOT Biologist may be responsible for during this phase of
the project are listed in Table 26. In addition, project tasks and timing are visually
displayed in the Project Milestone Timeline.
Table 26. Roles of the ODOT Biologist during the Final Plans (PS&E) Phase
of Project
Roles of ODOT Biologist during Final Plans (PS&E)
1. Coordinate receipt of the Letter of Concurrence (LOC) or Biological Opinion (BO).
2. Ensure incorporation of Terms and Conditions identified in the BO or mitigation
measures outlined in the LOC into the PS&E package.
3. Continue to prepare additional environmental documentation (e.g., No Effect
Memos, botanical clearance reports, and ODFW fish passage plans).

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3. Construction Engineering (CE)


A project is officially awarded to a contractor 10 or more days after the bid opening.
The Final PS&E package is transferred to the selected contractor to ensure the
project is constructed according to the approved design and in accordance with
applicable laws and regulations. The construction office will assign a Construction
Project Manager who will be responsible for administering the contract and ensuring
that the project complies with the approved plans and specifications.
i.

Pre-construction Meetings

Prior to initiation of onsite work, the contractor must meet with the Construction
Project Manager for a pre-construction conference (pre-con). The pre-con sets the
stage for the working relationship with the contractor at the beginning of a project.
A pre-con can be either one meeting or a series of smaller meetings that are
scheduled by the Construction Project Manager to occur before the start of each
critical phase of construction (e.g., paving or bridge deck work).
There are several objectives to be accomplished and topics to be discussed during a
pre-con, such as establishing the lines of communication and reviewing the project
schedule, project safety, potential utility conflicts, the Traffic Control Plan,
subcontracting, labor compliance, and materials.
Persons who should attend a pre-con include key personnel from the contractor and
its subcontractors, affected utilities, the PM and crew, the local agency liaison if the
project is a local government project, and other appropriate personnel, such as
designers, FHWA staff, and maintenance staff, who will be involved with the project.
These meetings may be held onsite or offsite. When a project involves complex
environmental elements (e.g., in-water work, fish salvage, loud construction
activities in proximity to listed avian species, etc.), it is appropriate for the ODOT
Biologist to attend the pre-con. At that time, the biologist can review the special
provisions or aspects of the biology-related elements of the project prior to
beginning construction to help the contractor adhere to the project design. This is
especially critical when specific Terms and Conditions or mitigation measures are
required as part of the Biological Opinion or Letter of Concurrence.
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project. Table 27 lists these tasks.
Table 27. Roles of the ODOT Biologist during the Pre-Construction Meeting
for a Project
Roles of the ODOT Biologist during Pre-Construction Meetings
1. Review special provisions with contractor prior to onsite work.
2. Lay the groundwork for frequent and open communication with the contractor to
facilitate effective implementation of the environmental aspects of the project (as

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necessary).

3. Review special design elements that the contractor may not be familiar with (e.g.
bat boxes, wildlife passage strategies, noxious weed removal, etc.).

2. Construction Monitoring
During the construction phase of the project, ODOT staff members (including the
Biologist) may be responsible for monitoring the contractor during construction
activities to ensure that conditions in the approved permits and any other special
provisions are met. In addition, monitoring may be required after the project is
constructed to ensure that the mitigation is being carried out and is performing in
accordance with the mitigation plan.
Depending on the size, scope, and complexity of the proposed project, the ODOT
Biologist may be responsible for a number of different tasks during this phase of the
project. Table 28 lists these tasks. In addition, project tasks and timing are visually
displayed in the Project Milestone Timeline.
Table 28. Roles of the ODOT Biologist during the Construction Monitoring
for a Project
Roles of ODOT Biologist during Construction Monitoring

1. Conduct fish salvage (as needed).


2. Conduct site visit(s) to oversee or review the construction of environmental
elements of the project.

3. If deficiencies are noted during a site visit, the Biologist will work with the ODOT REC
and ODOT Construction Project Manager to ensure the problem is rectified in a
timely manner.
4. Prepare in-water work extension requests and/or BA/BO revisions to submit to the
appropriate regulatory agencies (e.g. NOAA Fisheries, ODFW, Corps, or DSL) as
needed.
5. Provide approval of the first-year plant establishment to the contractor and/or
Construction PM during transition to maintenance for projects involving restoration
or mitigation activities.
6. Ensure the As-Built plans are included as part of the maintenance project files.
7. Conduct site visit(s) to oversee or review the planting / reseeding effort in
disturbed / restored areas.
Note: It is not the ODOT Biologists role to direct the contractor during construction. The
ODOT Biologist must work through the ODOT Construction Office to address any complaints
or deficiencies with the construction activities.

D. Maintenance
An ODOT Biologists role is different when they are involved with maintenance
projects as compared to STIP projects or Local Agency projects. The ODOT REC is
the primary point of contact for maintenance personnel for questions or concerns
related to environmental issues. The REC may request input from the ODOT
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Biologist regarding whether or not a proposed activity is covered by the provisions


in the Blue Book. Table 29 lists the maintenance activities addressed in the Blue
Book. If a maintenance activity has an associated activity code, it is shown in Table
29.
Table 29. List of Maintenance Activities addressed in the Blue Book

Maintenance Activities
Accident Clean-up (Activity 149)
Guardrail Cleaning (Activity 154)
Anti-icing and De-icing (Activity 176)
Guardrail Replacement (Activity 151)
Attenuator Maintenance (Activity 153)
Sanding and Pre-wetting (Activity
Bridge Maintenance (Activity 160 or
171)
Settlements and Slides (Activity 181)
163)
Bridge Repair (Activity 162)
Shoulder Blading and Repair (Activity
Bridge Vegetation (Activity 160 or
111)
Shoulder Rebuilding (Activity 112)
133)
Channel Maintenance (Activity 124)
Sign Installation (Activity 142 or 143)
Culvert / Inlet Repair (Activity 123)
Snow and Ice Removal (Activity 170)
Culvert and Inlet Cleaning (Activity
Spraying (Activity 131)
Stockpiling (Activity 081)
121 or 129)
Stormwater Management
Ditch Shaping and Cleaning (Activity
Striping (Activity 140 or 141)
120)
Surface Work (Activity 100-110)
Dust Abatement
Sweeping / Flushing (Activity 116 or
Emergency
Maintenance
(Activity
117)
180)
Vegetation Management (Activity 130,
Erosion Repair (Activity 122)
Extraordinary Maintenance (Activity
132, 133, or 136)

Water Quality Facilities (Activity 125)


189)
Fish
Habitat
and
Passage
Improvement
Fish Habitat Passage Restoration

The Blue Book is intended to provide direction for routine road maintenance
activities, the operation and maintenance of maintenance yards, other maintenance
sites, and the repair and operation of maintenance equipment.
It is important to remember that the Blue Book does not cover all maintenance
activities. In particular, the Blue Book does not cover activities that may affect
species under USFWS jurisdiction (e.g., Northern Spotted Owl, Marbled Murrelet,
etc.) or activities that require a permit from the Corps. Herbicide spray is also not a
covered activity in the Blue Book.
In cases where the Blue Book is not applicable, the ODOT Biologist must work with
the ODOT REC to develop an appropriate course of action for the project that
addresses potential impacts to water quality as well as threatened and endangered
species. This course of action may include the preparation of a Biological
Assessment, SLOPES IV Compliance Report, Botanical Clearance Report, or ODFW
Fish Passage Plan.
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For additional information, refer to ODOTs Blue Book. The Blue Book and its
applicability will be further discussed in the ODOT Blue Book Topic Sheet.

E. Miscellaneous
This section serves as a placeholder for material that may be included in the future.

III.

Aquatic Resources

The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to Aquatic Resources. Section A includes a discussion of the relevant federal,
state, and local laws. Sections B and C include discussions of protected species and
habitat, as well as the process for evaluating aquatic resources. Section D includes
guidance on the preparation of documents relevant to Aquatic Resources and
Section E includes information on a number of Aquatic Resource Hot Topics.

A. Relevant Laws
Although the Federal Endangered Species Act is the primary law that drives the
majority of an ODOT Biologists work, there are many other relevant federal, state,
and local laws. The following sections discuss the federal, state, and local laws that
are applicable to Aquatic Resources.

1. Federal Laws
ODOT Biologists must be familiar with the following federal laws and regulations.
Click on each law to be directed to a Topic Sheet regarding each of the following
federal laws and how they apply to ODOT projects.

Federal Endangered Species Act (ESA)


Magnuson-Stevens Act (MSA)
Marine Mammal Protection Act (MMPA)
Clean Water Act (CWA)
National Forest Management Act (NFMA)
Wild and Scenic Rivers Act (WSRA)
Coastal Zone Management Act (CZMA)

2. State Laws
ODOT Biologists must be familiar with the following state laws and regulations. Click
on each law to be directed to a Topic Sheet that addresses each of the following
state laws in detail.

State Endangered Species Act


Oregon Fish Passage Law
Oregon Removal / Fill Law

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Essential Salmon Habitat Administrative Rule

3. Local Laws
Depending on the size, scope, and complexity of a project, as well as the location,
there may be city, county or special district laws that are applicable to a particular
project. It is important to check with the Project Leader or Permit Specialist to
determine if there are applicable local laws that require the ODOT Biologists input
or expertise.
In ODOT Regions 1 and 4, it may be necessary to prepare permits for proposed
activities conducted within the Columbia River Gorge National Scenic Area
(CRGNSA). The permit approval process is overseen by the Columbia River Gorge
Commission. Information regarding the Columbia River Gorge Commission and the
CRGNSA permitting process can be found on the Columbia River Gorge
Commissions website.

B. Protected Species and Habitat


ODOT Biologists must also be familiar with the protected species that have the
potential to be affected by projects within their region. This section provides
guidance on where and how to find information about federally listed, state listed,
and commonly addressed species. In addition, this section provides information
about the protected habitats with which an ODOT Biologist should be familiar.

1. Federally Listed Species


The most current list of species protected under the Endangered Species Act and
within NOAA Fisheries jurisdiction can be found on NOAA Fisheries ESA Salmon
Listings page. This list is updated on a regular basis and includes West Coast
Salmon and steelhead species as well as their current ESA Listing Status.
An up-to-date list of species protected under the Endangered Species Act and within
USFWS jurisdiction can be found on the USFWS Oregon Fish and Wildlife Office
Endangered Species Lists page. This list is updated weekly and includes all
USFWS species listed in Oregon as well as their current ESA Listing Status.
3. Proposed or Candidate Species
The most current list of proposed or candidate species under NOAA Fisheries and
USFWS jurisdiction can be found on NOAA Fisheries ESA Salmon Listings page
and USFWS Oregon Fish and Wildlife Office Endangered Species Lists page ,
respectively.
The most current list of fish and wildlife species protected under the Oregon State
Endangered Species Act and within ODFWs jurisdiction can be found on ODFWs
Wildlife Division, Species Information page. This list is updated on a regular basis
and includes fish, amphibian, reptile, bird, and mammal species as well as their
current State ESA Listing Status.
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To foster a positive, proactive approach to species conservation, a sensitive


species classification was created under Oregons Sensitive Species Rule (OAR 635100-040). The Sensitive Species List focuses fish and wildlife management and
research activities on species that need conservation attention. Although the intent
of the ODFW Sensitive Species List is to prevent species from declining to the point
of qualifying as threatened or endangered, this list is not used as a candidate list
for species to be considered for listing under the Oregon Threatened and
Endangered Species rules.
"Sensitive" refers to naturally-reproducing fish and wildlife species, subspecies, or
populations which are facing one or more threats to their populations and/or
habitats. Implementation of appropriate conservation measures to address the
threats may prevent them from declining to the point of qualifying for threatened or
endangered status. The most current list of species listed as Sensitive by ODFW can
be found on ODFWs Sensitive Species page under the Wildlife Division.

2. Commonly Addressed Species


ODOT Biologists must be familiar with a wide range of aquatic species that have the
potential to be affected by projects within their region. The following section
contains information regarding the species that are most frequently encountered on
ODOT projects.
i.
Salmon and Steelhead
Pacific salmon and steelhead are salmonids included in the Salmonidae family. They
are anadromous fish, which means that they migrate up rivers from the ocean to
breed in fresh water. Pacific salmon are in the scientific genus Oncorhynchus, which
includes pink, sockeye, chum, Chinook and coho salmon, steelhead and rainbow
trout.
Salmon and steelhead have a complex life-cycle that spans a variety of fresh and
saltwater habitats. Salmon are born in inland streams and rivers, migrate to coastal
estuaries, and then disperse into ocean waters to grow. Once mature, they reverse
their course, returning through the estuaries, fighting their way back upriver to the
very streams where they were born, to reproduce, die, and begin the cycle again.
Salmon species are separated into Evolutionarily Significant Units (ESUs) and
steelhead are separated into Distinct Population Segments (DPS).
NOAA Fisheries has prepared ESA status reviews for species listed under the ESA.
These documents provide a summary of relevant biological information, including
distribution and abundance, life history characteristics, stock histories, etc. These
status reviews can be found on NOAA Fisheries website on the Salmon and
Steelhead ESA Status Reviews page.

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ii.
Bull Trout
Bull trout (Salvelinus confluentus) are members of the char subgroup of the salmon
family. Historically, bull trout occurred throughout the Columbia River Basin and the
Pacific Northwest. Today, bull trout are found primarily in upper tributary streams
and several lake and reservoir systems. For more information about Bull Trout, refer
to the USFWS Bull Trout Fact Sheet.
iii.
Green Sturgeon
Sturgeon are a family of large, ancient, bottom-dwelling fish. Green sturgeon
(Acipenser medirostris) are believed to spend the majority of their lives in nearshore
oceanic waters, bays, and estuaries. For additional information about Green
Sturgeon, refer to the North American Green Sturgeon page on NOAA Fisheries
website. In addition, refer to the Green Sturgeon Topic Sheet.
iv.
Pacific Eulachon
Due to the recent proposal to list Pacific eulachon (Thaleichthys pacificus), it is
necessary for ODOT Biologists to be familiar with this species. In March 2009, NOAA
Fisheries proposed listing Pacific eulachon as Threatened under the Endangered
Species Act. Eulachon, also known as Columbia River smelt, Pacific smelt,
candlefish, or hooligan, are found in the northeastern Pacific Ocean. This proposed
listing would include the southern distinct population segment (DPS) of eulachon.
This species ranges from northern California to southwest Alaska and into the
southeastern Bering Sea. Smelt typically spend three to five years in saltwater
before returning to freshwater to spawn in late winter through mid spring.
For more information regarding eulachon, refer to the Federal Register Notice for
the proposed listing as well as the eulachon page on NOAA Fisheries website for
Other Marine Species (State Listed Species).
v.
Oregon Chub
The Oregon chub (Oregonichthys crameri) is a small fish that is endemic to the
Willamette River Valley of western Oregon. Current distribution of Oregon chub is
limited to approximately 20 known naturally occurring populations and four recently
introduced populations. The populations are found in the Santiam River, Middle Fork
Willamette River, Coast Fork Willamette River, McKenzie River, and several
tributaries to the Willamette River downstream of the Coast Fork / Middle Fork
confluence. For additional information about Oregon Chub, refer to the Oregon
Chub Topic Sheet.
vi.
Lost River Sucker
The Lost River sucker (Deltistes luxatus) is a large, long-lived, bottom-feeding fish
species that is distinguished by unique triangular-shaped gill structures. The Lost
River sucker was federally listed as endangered in 1988 and critical habitat was
proposed in 1994, but not designated. This species inhabits the deeper water of
lakes and spawns in springs or tributary streams upstream of the home lake.

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Agricultural development and associated water and land use changes in the
Klammath Basin have contributed to the significant loss of available sucker habitat.
Currently, the Lost River sucker occupies only a fraction of its former range and is
restricted to a few areas in the Upper Klamath Basin, such as the drainages of
Upper Klamath Lake, Tule Lake, and Clear Lake. The Lost River sucker Species
Fact Sheet on the USFWS Oregon Fish and Wildlife website contains additional
information about this species.
vii.
Shortnose Sucker
The Shortnose sucker (Chasmistes brevirostris) is a bottom-feeding fish species that
is distinguished by its large head; oblique, terminal mouth; and thin, fleshy lips. The
Shortnose sucker was listed as endangered in 1988. Critical habitat was proposed in
1994, but not finalized. Early records indicate that the Shortnose sucker was once
widespread and abundant in the upper Klammath Basin of Oregon and California.
The Shortnose sucker inhabits deeper water of lakes and spawns in springs or
tributary streams upstream from its home lake. Agricultural development and
associated water and land use changes in the Klammath Basin have contributed to
the significant loss of available sucker habitat. Currently, the Shortnose sucker is
restricted to a few areas in the Upper Klamath Basin, such as the Upper Klamath
Lake, Tule Lake, and Clear Lake drainages. The Shortnose sucker Species Fact
Sheet on the USFWS Oregon Fish and Wildlife website contains additional
information about this species.
viii.
Marine Mammals
ODOT Biologists must be familiar with various marine mammals that may be
potentially affected by proposed projects, especially those occurring in areas along
Oregons coastline in Regions 2 and 3. For more information about marine
mammals, refer to NOAA Fisheries Marine Mammals page and NOAA Fisheries
ESA-Listed Marine Mammals page.

3. Habitat
i.
Critical Habitat
The ESA requires that the federal government designate critical habitat for any
species it lists under the ESA. The ESA defines critical habitat as:
(1) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of section
4 of the Act, on which are found those physical or biological features
(constituent elements) (a) essential to the conservation of the species and
(b) which may require special management considerations or protection;
and (2) specific areas outside the geographical area occupied by the
species at the time it is listed in accordance with the provisions of section
4 of the Act, upon a determination by the Secretary that such areas are
essential for the conservation of the species (ESA 3 [5][A]).

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The ESA protects critical habitat by requiring that all federal agencies ensure that
any actions they authorize, fund, or carry out are not likely to destroy or adversely
modify designated critical habitat. These requirements apply only to federal agency
actions, which includes FHWA funding of ODOT projects.
For additional information about critical habitat, refer to the ESA Critical Habitat
section on NOAA Fisheries website. This website provides maps of the critical
habitat for species under NOAA Fisheries jurisdiction. In addition, the USFWS has an
online interactive tool that provides maps of critical habitat under USFWS
jurisdiction. ODOT also maintains GIS layers with critical habitat information for
listed species found in Oregon.
ii.
Essential Fish Habitat (EFH)
As part of the Magnuson-Stevens Act, Congress mandated the identification of
essential fish habitat for managed species. The act also requires measures to
conserve and enhance the habitat needed by fish to carry out their life cycles.
These habitat conservation provisions were added in recognition of the importance
of fish habitat to the productivity and sustainability of U.S. marine fisheries. For
additional information about EFH, refer to the Salmon Essential Fish Habitat
page on NOAA Fisheries website and the Essential Fish Habitat Topic Sheet.

C. Process for Evaluating Aquatic Resources


ODOT Biologists have various tools at their disposal for assessing resources within
streams and water bodies. This section describes and provides additional
information about some of these resources.

1. Protocol for Evaluating Aquatic Resources


ODOT has developed a protocol for evaluating aquatic resources that can be used
by ODOT Biologists during project site investigations. The Aquatic Resource Protocol
[PLACEHOLDER INSERT LINK TO PROTOCOL] can be used to evaluate stream
habitat and determine the fish species that have the potential to inhabit the project
area.

2. Fish/Habitat identification
ODOT Biologists can find tools to assist with fish identification at the following
websites:

ODFWs Salmon Identification Tutorial


WDFWs Trout and Salmon Identification Guide

Fish distribution and life history information is available at the StreamNet


website.

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3. ORNHIC
The Oregon Natural Heritage Information Center (ORNHIC) maintains a
comprehensive database of rare, threatened, and endangered species observation
data that can be used to identify the species that may potentially be affected by a
proposed project. ODOT Biologists can access this database by utilizing ODOTs
internal ORNHIC GIS layer. ODOT Geo-Environmental has provided training for
utilizing these data in the past and these materials can be accessed here. For more
information on the ORNHIC database, refer to ORNHICs website or refer to the
ORNHIC Topic Sheet. In addition, ORNHIC prepared a booklet that includes
distribution information on the rare, threatened and endangered species of Oregon.

4. Liaisons
As part of the CETAS program, ODOT implemented a regulatory liaison program in
which ODOT funds several positions at the various resource agencies. Table 30 lists
the regulatory agencies at which ODOT is currently funding liaison positions as well
as the number of positions at each agency.
Table 30. Regulatory Liaison Agencies and positions
Regulatory Agency
NOAA Fisheries1
USFWS1
USACE1
DEQ1
DSL1
ODFW1
USDA
APHIS
Services
1

Number of
Positions

Wildlife

3
3
2
2
2
4

positions
positions
positions
positions
positions
positions

1 position

The regulatory liaisons that provide assistance with aquatic resource issues.

Contact information for each of the ODOT regulatory liaisons can be found on the
ODOT Geo-Environmental Biology Page under Liaison Contacts. The regulatory
liaisons that provide assistance with aquatic resource issues are those at NOAA
Fisheries, USFWS, USACE, DEQ, DSL, and ODFW.
The regulatory liaison program is designed to facilitate a smooth and efficient
environmental review process. ODOT Biologists are encouraged to contact the
appropriate regulatory liaison when necessary during the development of a project.
A number of examples of appropriate occasions for contacting a regulatory liaison
are included in Table 31.
Table 31. Liaison Contact Examples
Regulatory Liaison Contact Examples

During Scoping and/or preparation of the Part 3 Prospectus


To schedule site visits

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To discuss the proposed project design as it relates to a regulatory framework


To request the regulatory liaisons attendance at a PDT meeting
To coordinate assistance with fish salvage or construction monitoring
During construction if it is necessary to request an in-water work window extension
or BA/BO Concurrence Letter Revisions
During Emergency / Urgency situations involving aquatic resources

D. Documents
ODOT Biologists are responsible for preparing many types of resource assessment,
planning, and reporting documents that are relevant to Aquatic Resources. The
following section provides information on the preparation of No Effect
Memorandums, Biological Assessments, Fish Passage Plans, Monitoring Reports,
Stormwater Management Plans, and Fish Salvage Reports.

1. No Effect Memos
As stated in the ODOT BA Guidance Manual, a No Effect Memorandum (NEM) can
be prepared if the proposed action will literally have no effect whatsoever on the
species and / or critical habitat, not a small effect or an effect that is unlikely to
occur. Table 32 includes examples of scenarios when a NEM may be appropriate.
Table 32. No Effect Memorandum Scenarios
NEM Scenarios

A listed species is not present in the project site or action area (if the action will not
have an effect on a listed species) and the project is located outside of designated
critical habitat.
No suitable habitat is located within the project area or action area.
There is no increase in impervious surfaces.
There is no in-water work required.
There is no vegetation removal work required for construction activities.

When preparing a NEM, ODOT Biologists may find it helpful to utilize the ODOT NEM
Outline [INSERT LINK TO NEM OUTLINE] and / or the ODOT NEM Checklist /
Template. In addition, refer to the ODOT NEM Example documents [INSERT LINK TO
NEM EXAMPLES] for NEMs prepared for projects in the past.

2. Biological Assessments (BA)


The purpose of a Biological Assessment (BA) is to address the proposed action (i.e.
ODOT transportation project) in compliance with Section 7(c) of the ESA, as
amended, and Section 305(b)(2) of the MSA, as amended by Public Law 104-267.
Section 7 of the ESA assures that, through consultation (or conferencing for
proposed species) with the USFWS and NOAA Fisheries, federal actions do not
jeopardize the continued existence of any threatened, endangered or proposed
species, or result in the destruction or adverse modification of designated or

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proposed critical habitat. Consultation is accomplished, in part, through a BA, which


evaluates the potential effects the proposed transportation project will have on
species that are federally listed under the ESA. Conservation measures are
identified in the BA to avoid or minimize any adverse effects of the proposed project
on listed species and their designated critical habitat.
The two types of BAs are individual / project-specific and programmatic.
Programmatic BAs were developed to cover frequent and repeatable roadwayrelated actions where conservation and best management techniques have been
developed. By following the techniques in the Programmatic BA, routine actions do
not require the in-depth analysis and documentation associated with a large and
more complex project. The individual or project-specific BAs are designed for
complex projects which require a more detailed analysis of effect and must be
evaluated on a case-by-case basis. An individual BA must be prepared if the
proposed activity has a federal nexus, may affect a listed or proposed species or its
critical habitat, and is not covered in part or entirely under an existing
Programmatic BA.
i. Not Likely to Adversely Affect (NLAA)
BA
A May Affect but Not Likely to Adversely Affect (NLAA) determination (Informal
Consultation) is the appropriate conclusion when the effects of the proposed action
on the species or critical habitat are expected to be beneficial, discountable, or
insignificant.

Beneficial Effects:
Contemporaneous positive effects without any
adverse effects to the species or habitat.
Discountable Effects: Effects that are extremely unlikely to occur. Based
on best professional judgment, a person would not be able to meaningfully
measure, detect, or evaluate insignificant effects; or expect discountable
effects to occur.
Insignificant Effects:
Effects that relate to the size of the impact and
should never reach the scale where take of listed species can occur.

Through the submittal of the BA, ODOT is requesting concurrence from the
regulatory agencies and that they issue agreement with the BA in the form of a
Letter of Concurrence (LOC).
ii. Likely to Adversely Affect (LAA) BA
As stated in the ODOT BA Guidance Manual, a May Affect and is Likely to
Adversely Affect (LAA) determination is appropriate when there is more than a
negligible potential to have adverse effects on the species or critical habitat. NOAA
Fisheries, USFWS, and the BLM define adverse effects to anadromous salmonids as
follows:

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Adverse effects include short or long-term, direct or indirect


management-related, impacts of an individual or cumulative nature
such as mortality, reduced growth, or other adverse physiological
changes, harassment of fish, physical disturbance of redds, reduced
reproductive success, delayed or premature migrations, or other
adverse behavioral changes to listed anadromous salmonids at any life
stage. Adverse effects to designated critical habitat include effects to
any of the essential features of critical habitat that would diminish the
value of the habitat for the survival and recovery of listed anadromous
salmonids.
Through the submittal of the BA, ODOT is requesting that the regulatory agencies
concur with the LAA determination and that they issue agreement with the BA in the
form of a Biological Opinion (BO).
iii. Guidance
Additional information and guidance regarding the preparation of a BA can be found
in the following documents:

ODOT BA Guidance Manual


ODOT BA Evaluation Checklist
ODOT BA Qualification Technical Bulletin
Consultant Qualifications for Performing ODOT Biological
Assessments
NOAA Fisheries Matrix of Pathways and Indicators
ODOT In water work extension amendment form
ODOT In water work amendment processing directions
a. Outline of Submittal Process

The submittal process for a BA varies depending on whether it is an NLAA BA or an


LAA BA. Table 33 and Table 34 outline the steps involved in submitting an NLAA BA
and an LAA BA, respectively.
Table 33. Outline of NLAA Submittal Process
Not Likely to Adversely Affect (Informal Consultation)
Federal Nexus:
FHWA
Federal Nexus:
USACE, USFS, BLM,
other Federal Agency

ODOT Biology Manual

Step 1: Route BA through Natural Resource Unit (NRU )(ODOT)


Step 2: ODOT submits BA to NOAA Fisheries / USFWS on behalf of
FHWA requesting concurrence
Step 3: NOAA Fisheries / USFWS issues a Letter of Concurrence (LOC)
Step 1: Route BA through NRU (ODOT)
Step 2: ODOT submits BA to Federal Agency
Step 3: Federal Agency submits BA to NOAA Fisheries/ USFWS
Step 4: NOAA Fisheries / USFWS issues a LOC

43

Table 34. Outline of LAA Submittal Process


Likely to Adversely Affect (Formal Consultation)
Federal Nexus:
FHWA, USACE, USFS,
BLM, other Federal
Agency

Step 1: ODOT Region submits BA to federal agency and sends


electronic copies to Central through NRU-Trans
Step 2: Federal agency submits BA to NOAA Fisheries / USFWS
Step 3: NOAA Fisheries / USFWS issues a Biological Opinion (BO)
Step 4: Region ensures that BO is sent to Central through NRU-Trans

The BA is submitted to the USFWS or NOAA Fisheries, or both (i.e., the Services)
depending on the listed species that are addressed in the BA. For example, if a BA
addresses Chinook salmon (species under NOAA Fisheries) and marbled murrelets
(species under USFWS), the BA must be submitted to both regulatory agencies and
separate BOs will be issued.
A BA transmittal letter is prepared by the ODOT Biologist to accompany the BA
when it is submitted to the federal nexus agency by ODOT. Information that the
federal agency needs for inclusion in their transmittal letter to the Services should
also be included in the ODOT submittal letter.

b. Consultation Timelines
The regulatory agencies have 60 days to review an NLAA BA (Informal Consultation)
and up to 135 days to review an LAA BA (Formal Consultation). Early and frequent
coordination with regulatory liaisons is an essential element for streamlining this
process. In order to receive the LOC / BO in adequate time, it is helpful to keep in
mind the following timelines.

NLAA BA: Submit approximately four months prior to release of the Final
PS&E package or as agreed to with the PDT.
LAA BA:
Submit approximately eight months prior to release of the final
PS&E package or as agreed to by the PDT.

iv. Templates
All BAs prepared for ODOT projects (by ODOT Biologists or consultants) should be
prepared according to the ODOT BA Template. In addition, there are templates for
other documents associated with a BA. Follow the links below to access these
templates.

EFH Response Template


Informal Consultation Transmittal Template

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v. Example Documents
Refer to the ODOT BA Example documents [INSERT LINK TO BA EXAMPLES] for
BAs prepared for projects in the past.
vi. Programmatic Permits
Similar projects with recurring minor impacts to the same species can be considered
for a programmatic consultation with the Services. The purpose of a programmatic
consultation is to streamline the Section 7 consultation process.
ODOT Biologists can utilize the Programmatic Biological and Magnuson-Stevens
Fishery Conservation and Management Act Essential Fish Habitat Consultation for
Revisions to Standard Local Operating Procedures for Endangered Species to
Administer Maintenance or Improvement of Road, Culvert, Bridge and Utility Line
Actions Authorized or Carried Out by the U.S. Army Corps of Engineers in Oregon
(SLOPES IV) to expedite certain types of consultation that are covered under this
programmatic BA. For information about the SLOPES IV programmatic BA, refer to
SLOPES IV Topic Sheet. In addition, refer to the ODOT SLOPES IV Example
documents to review how compliance documentation has been prepared for
projects in the past.
Although not technically a programmatic BA, the ODOT Routine Road Maintenance
Program (Blue Book) effectively functions as a programmatic BA because it can be
applied to cover a range of commonly utilized ODOT practices and activities. For
information regarding the Blue Book, refer to the Blue Book Topic Sheet.
In the future, ODOT may develop additional programmatic BAs. This section will be
updated as those documents become available.

3. Fish Passage Plans


i.
ODFW
ODFW regulations enacted in August 2001 require the owner or operator of an
artificial obstruction located in waters in which native migratory fish are currently or
were historically present to address fish passage requirements prior to certain
trigger events.
Trigger events include installation, major replacement, a fundamental change in
permit status (e.g., new water right, renewed hydroelectric license), or
abandonment of an artificial obstruction. Native migratory fish include native
salmon, trout, lamprey, sturgeon, and suckers, as well as a few other species. It is
ODFW's responsibility to determine the current or historical presence of native
migratory fish; for streams lacking data, this determination may be based on
professional judgment. If ODOT knows that native migratory fish are or were
historically present at the site, then ODOT does not need to contact ODFW for this
determination and may proceed with meeting fish passage requirements on their
own information. However, if ODOT does not think native migratory fish are or were

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present, or is unsure of presence, ODFW should be contacted to make the


determination. The ODFW / ODOT liaison can be contacted to provide a
determination regarding the presence of native migratory fish.
Table 35 provides an overview of the process for addressing fish passage according
to ODFW requirements. For additional information regarding ODFW fish passage
requirements, refer to the Fish Passage Requirements: Overview and Process page
on ODFWs website and a 2008 memorandum prepared by Tom Stahl, ODFW Fish
Passage Coordinator, entitled Clarification of Fish Passage Triggers and
Guidelines for Bridges.
Table 35. Overview of ODFW Fish Passage
ODFW Fish Passage Process

Determine if there is a fish passage trigger.


Determine if Native Migratory Fish (NMF) are, or were historically, present at the site.
If there is a trigger and NMF were or are present, fish passage must be addressed.
Fish passage can be addressed by either:
-Option 1: Preparing an ODFW Fish Passage Plan.1
-Option 2: Obtaining a waiver from providing fish passage.
-Option 3: Obtaining an exemption from providing fish passage.

It is the intent of state fish passage laws that, in most cases, Option #1 should be sought and
passage should be provided at the artificial obstruction.
1

ODFW provides templates for submitting the required information associated with
each of the three options. Click on the links below to access these templates.

Fish Passage Waiver Application


Fish Passage Exemption Application
Fish Passage Plan (Application) for a Road-Stream Crossing

In addition, refer to the ODOT Fish Passage Example documents (INSERT LINK TO
Fish Passage Examples) for ODFW Fish Passage plans prepared for ODOT projects.
ii. NOAA Fisheries
NOAA Fisheries outlined their fish passage requirements in the 2004 Draft
Anadromous Salmonid Passage Facility Guidelines and Criteria. This
document provides criteria, rationales, guidelines and definitions for the purpose of
designing proper fish passage facilities for the safe, timely and efficient upstream
and downstream passage of anadromous salmonids at impediments. Impediments
may be created by man-made structures, natural barriers (where provision of fish
passage is consistent with management objectives), or altered in-stream hydraulic
conditions. Each fish passage facility should be designed to pass migrants
throughout a design stream flow range, bracketed by a designated high and low
design passage flow.

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It may be necessary to obtain a NOAA Fisheries Engineers review and approval of


the fish passage design for a proposed project. If review and approval is necessary,
the fish passage plan must be reviewed / approved by a NOAA Fisheries Engineer
prior to officially initiating consultation. Table 36 lists activities/designs that
automatically require review and approval by a NOAA Fisheries Engineer.
Table 36. Activities Requiring NOAA Fisheries Engineer Review and
Approval.
Activities Requiring NOAA Fisheries Engineer Review and Approval

Culverts
Roughened chutes
Fish Ladders or any structure resembling such an intent
Constructed stream grades and channels
Dikes
Dams
Permanent water diversions
Tidegates
Any bridge design that does not meet the intent or design criteria of SLOPES IV 1
A design variance / exemption that is associated with a project that is to be included
as part of a NOAA Fisheries issued Programmatic Opinion1
Temporary water management (e.g. diversions, stream piping, and dam placement) 1

The consulting NOAA Fisheries Biologist / NOAA Fisheries Branch Chief will use their expertise and
discretion to determine if review by a NOAA Fisheries Engineer is appropriate for these activities.
1

4. Monitoring Reports
The Geo-Environmental Section provides standards and procedures for ODOT to
streamline environmental compliance procedures. This includes biological
monitoring, which is typically required as a condition of biological permits, such as
federal and state ESA incidental take permits and state fish passage permits.
Resources have been developed to support biological monitoring efforts, including a
database, template reports, field checklist, GIS files, and GPS/field mapping
applications. Refer to the Biology Monitoring Guidance page on ODOTs GeoEnvironmental website for the latest information and guidance.
This website contains resources for ODOT Environmental employees (and
consultants on ODOT projects) to complete the most common biological monitoring
requirements for mitigation projects owned by ODOT. The monitoring guidelines
described on the website do not apply to mitigation banks, Special Management
Areas, mitigation for 4(f) resources, or local agency-owned projects funded by ODOT
or FHWA programs.
In addition, refer to the ODOT Monitoring Report Example documents for
monitoring reports prepared for projects in the past.

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5. Stormwater Management Plans


As an ODOT Biologist, it may not be necessary to prepare stormwater management
plans. However, it is helpful to be familiar with the concepts and elements that are
involved with the preparation of these documents because they are often addressed
in project BAs. DEQ and NOAA Fisheries have separate requirements that address
the preparation of stormwater management plans. For additional information
regarding stormwater management concepts, refer to the Stormwater
Management Topic Sheet.
DEQ has the regulatory responsibility to address stormwater pollution control
though many programs, which include 401 Water Quality Certification (associated
with removal /fill permits), Underground Injection Control (UIC), National Pollution
Discharge Elimination System (NPDES) permits, Nonpoint Source, and Total
Maximum Daily Load (TMDL) requirements. DEQ requirements are outlined in the
Stormwater Management Plan Submission Guidelines for Removal / Fill
Permit Applications which Involve Impervious Surfaces. These guidelines are
designed to assist Oregon removal /fill project applicants in developing and
submitting post-construction stormwater management plans which will employ Best
Management Practices (BMPs) to the maximum extent practicable, such that water
quality in the receiving surface and ground waters is protected.
The current NOAA Fisheries stormwater requirements are outlined in the SLOPES IV
Proposed Design Criteria (#36). These requirements address any action that will
expand, recondition, reconstruct, or replace pavement, replace a stream crossing,
otherwise increase the contributing impervious area within the project area, or
create a new stormwater conveyance or discharge facility. If a project meets this
definition, it must meet stormwater pollution reduction and flow control
requirements described in the SLOPES IV Proposed Design Criteria (#36). For
additional information regarding these stormwater management requirements, refer
to the SLOPES IV text.
ODOT Water Resources Manual (Coming June 2010) is also a rich source of
information regarding the preparation of stormwater management plans. In
addition, the ODOT Stormwater Management Program Technical Bulletin
provides a discussion of key concepts associated with stormwater.

6. Fish Salvage Reports


ODOT Biologists are responsible for documenting the results of a fish salvage effort
in a Fish Salvage Report. These reports are necessary to address NOAA Fisheries
and / or ODFW requirements. Information regarding fish salvage, including links to
forms and guidance documents, can be found in the Fish Salvage Topic Sheet.

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In addition, refer to the ODOT Fish Salvage Report Example documents [INSERT LINK
TO FISH SALVAGE REPORT EXAMPLES] for fish salvage reports prepared for other
ODOT projects.
Fish salvage report must be submitted to NRU so that an annual report summarizing
statewide activities can be generated and submitted to ODFW and NMFS.

E. Hot topics
The following section includes information on various hot topic issues with which
ODOT Biologists may need to be familiar as part of their job responsibilities. They
include Mitigation / Restoration, Emergency / Urgency Situations, Stormwater
Management, Specifications, Construction, ODOT Fish Passage Program, Aquatic
Amphibians, and Non-Native Aquatic Species.

1. Mitigation / Restoration
During the construction and maintenance of ODOT projects, it may be necessary to
impact sensitive aquatic species and / or habitat. In order to offset or compensate
for these impacts, ODOT may implement mitigation strategies in the form of
restoration, mitigation banking, and /or enhancement to aquatic resources.
ODFW has outlined a Fish and Wildlife Habitat Mitigation Policy (OAR 635-415-0000)
with the purpose of providing consistent goals and standards for mitigating impacts
to fish and wildlife habitat caused by land and water development actions. Refer to
the Mitigation / Restoration Topic Sheet for additional information regarding
ODFWs policy.
ODOT also developed a Mitigation Banking Program in close collaboration with the
regulatory and resource agency Mitigation and Conservation Bank Review Team
(MCBRT). The Mitigation Program is responsible for the development and
establishment of ODOT mitigation banks, individual site mitigation monitoring and
maintenance, standards, QA, and processes and procedures for individual site
mitigation. Table 37 includes a list of the goals of the Mitigation Banking Program.
Table 37. Mitigation Banking Program Goals
Mitigation Banking Program Goals
1. Create a more flexible, ecologically responsive, and streamlined approach for
addressing natural resource management needs in a permitting context
2. Support ODOTs transportation mission, while also addressing (and complimenting
where possible) the missions of state and federal agencies charged with natural
resource management and regulation.

Refer to the Mitigation Conservation Banking page on ODOTs GeoEnvironmental website and the Mitigation Banking Topic Sheet for additional
information.

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Aquatic Enhancement strategies are discussed in the Aquatic Resource


Enhancement Topic Sheet. This Topic Sheet addresses opportunities for including
aquatic resource enhancement elements into a project. Potential enhancement
elements may include incorporating Large Woody Debris (LWD) or fish rocks, and /
or the removal of invasive species.

2. Emergency / Urgency Situations


It may be necessary for ODOT to conduct repairs to transportation facilities as a
result of Emergency or Urgency situations. Emergency and Urgency situations are
often the result of large storm events, floods, and / or landslides. The following
resources address Emergency or Urgency situations:

Emergency / Urgency Topic Sheet [INSERT EMERG / URG TS].


ODOT has developed coordination and documentation procedures for
environmental staff for Emergency / Urgency Repairs in a GeoEnvironmental Technical Services Advisory.
ODOT Routine Roadside Manual (Blue Book)
SLOPES IV. Refer to the Major Hazard Response section under Types of
Actions on Page 17.
USFWS Programmatic Agreement [PLACEHOLDER INSERT LINK TO USFWS
PBA].
Additional information about ODOTs Office of Maintenance, often the first
line of response in an Emergency/Urgency situation, is available at the ODOT
Office of Maintenance website.

3. Stormwater Management
As mentioned previously, although most ODOT Biologists are not responsible for
preparing stormwater management plans, it may be necessary to be familiar with
the concepts and elements that are involved with the preparation of these
documents. For additional information regarding stormwater management concepts,
refer to the Stormwater Management Topic Sheet.
Additional information regarding stormwater management can be found in the
ODOT Water Resources Manual (Coming June 2010), specifically Chapter 6
(Stormwater Conveyance and Flow Control, Chapter 7 (Water Quality), and Chapter
8 (Stormwater Treatment).

4. Specifications
The Specifications Program is provided through the Office of Project Letting which is
a unit of the Technical Services Traffic-Roadway Section. Specifications are a list of
requirements and stipulations that are including in the contracting documents for a
project.

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50

i. Standard Specifications
Standard specifications are specifications that are included as part of the
contracting documents of every project. Currently, ODOT is using the 2008 version
of the Standard Specifications and they can be accessed at ODOTs Standard
Specifications page on ODOTs Specifications website.
Biology-specific standard specifications can be found in Section 200 (Temporary
Features and Appurtenances) and Section 1000 (Right-of-Way Development and
Control) of the Standard Specifications. Table 38 includes a list of biology-specific
standard specification sections and their scope.
Table 38. Biology-related Standard Specifications
Standard Specification Sections
Section

Topic

Scope

Section 280

Erosion and Sediment


Control

Section 290

Environmental
Protection

Section 1030

Seeding

Section 1040

Planting

This work consists of implementing structural


and non-structural Best Management Practices
(BMP) for the purpose of controlling soil erosion
by wind or water and keeping eroded sediments
and other construction-generated pollutants
from moving off project sites.
This Section describes the contractor's duties
and obligations with respect to protection of the
land,
waters,
air,
wildlife,
and
other
environmental resources of the state. This
section discusses compliance with all applicable
federal, state, and local environmental, health,
safety, and other laws, acts, statutes,
regulations, administrative rules, ordinances,
orders, and permits.
This work consists of seeding and associated
tasks to develop plant growth for erosion
control, environmental mitigation, and roadside
development.
This work consists of planting and associated
work as shown or directed.

ii.Special Provisions
Special provisions include additional information or changes to the Standard
Specification language. The steps for incorporating special provision language into
contract documents are as follows:
STEP 1:
The ODOT Biologist goes to the Project Team Leader to discuss
any proposed Special Provisions that would supplement the Standard
Specifications.

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51

STEP 2:
The Project Team Leader shares the proposal with the Project
Delivery Team and Construction Project Manager. .
STEP 3:
The ODOT Biologist coordinates with the specification writer to
draft the appropriate language for the Special Provisions.
STEP 4:
The Project Team Leader reviews the proposed special provision
language with a focus on implementation into the contract documents.
ODOT maintains boiler plate Special Provisions that can be tailored to address the
specific needs of a particular project. For example, an ODOT Biologist can include
the specific information regarding a designated staging and/or disposal site by
utilizing the boiler plate Special Provision language for Section 290 (location,
access, and acreage of available area). The boiler plate Special Provision language
is available on the 2008 Boiler Plate Special Provisions page on ODOTs
Specifications website. ODOT Biologists can amend each applicable section of
the Boiler Plate Special Provision language so that it meets the needs of a specific
project.
Additional guidance on how to determine the cost of various measures included in
the specifications can be accessed from the Estimating page on ODOTs
Specifications website
iii. Standard Drawings
Biology-related Standard Drawings of common project elements will be available at
this location [INSERT LINK TO STANDARD DRAWINGS PLACEHOLDER] as ODOT
compiles a list of useful documents. These Standard Drawings may be helpful as
ODOT Biologists prepare Special Provisions for a proposed project.

5. Construction
ODOT Biologists may be involved during the construction phase of project. As part
of this involvement, it is helpful to be familiar with the following concepts and
activities.
i. Pre-Construction Meeting
A pre-construction meeting (pre-con) is conducted prior to the commencement of
onsite work by the contractor. It consists of a meeting between the contractor and
the ODOT Construction PM following NTP. Refer to the Pre-Construction Meeting
Topic Sheet [INSERT LINK to PRECON TS] for additional information
ii. In Water Work
During the construction of a project, it may be necessary for the contractor to
conduct work below the Ordinary High Water Mark (OHWM) of a stream, river, or
other water body. Typical scenarios include replacement of a bridge over a stream
and / or replacement of a culvert under a highway. In-Water work must be
conducted according to the 2008 Oregon Guidelines for Timing of In-Water Work to
Protect Fish and Wildlife Resources. The In-Water Work Timing Guidelines are

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available at ODFWs website. For additional information regarding In-Water Work,


refer to the In-Water Work Topic Sheet.
It is possible to request a variance or extension to the designated In-Water Work
Timeline for a particular river or stream by preparing a Request for Extension of
the Permitted In-Water Work Window and submitting it to the appropriate
regulatory agencies.
iii. Temporary Water Management
It may be necessary for the contractor to employ Temporary Water Management
techniques during the In-Water Work phase of a project. The Temporary Water
Management Topic Sheet discusses the purpose and application of Temporary
Water Management measures, as well as specific techniques.
iv. Hydroacoustic Monitoring
NOAA Fisheries has recently implemented requirements for Hydroacoustic
Monitoring during the In-Water Work phase of construction projects. Additional
information regarding the purpose of Hydroacoustic Monitoring, requirements, and
techniques can be found in the Hydroacoustic Monitoring Topic Sheet.
v. Demolition
Environmentally friendly demolition techniques that can be utilized during the
construction of a project are discussed in the Demolition Topic Sheet [LINK TO
DEMOLITION TOPIC SHEET].

6. ODOT Fish Passage Program


The goal of ODOTs Fish Passage Program is to support the Oregon plan for salmon
and watersheds by replacing or retrofitting culverts for fish passage in the most
aggressive, cost effective, and efficient means as practicable with limited program
funds. ODFW manages the statewide culvert inventory which identifies and
prioritizes as a high, medium, or low priority all known fish passage impediments in
Oregon, including ODOT facilities. Fish passage projects include replacing culverts
with bridges, retrofitting culverts with weirs or baffles, and repairing stream
channels below culverts. For information regarding ODOTs Fish Passage Program,
contact Ken Cannon, Aquatic Biology and Fish Passage Program Coordinator.

7. Amphibians
It may be helpful for an ODOT Biologist to be familiar with commonly encountered
aquatic amphibians. Information regarding aquatic amphibians is provided in the
Aquatic Amphibians Topic Sheet [LINK TO AQUATIC AMPHIBS TOPIC SHEET].

8. Non-native species
During fish salvage operations, ODOT Biologists may capture or come across nonnative aquatic species. Certain types of non-native aquatic species have the
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53

potential to spread and out-compete native aquatic species. Information regarding


aquatic non-native species is provided in the Aquatic Non-Native Species Topic
Sheet [LINK TO AQUATIC NON-NATIVE SPECIES TOPIC SHEET].

IV.

Wildlife Resources

The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to Wildlife Resources. Section A includes a discussion of the relevant federal,
state, and local laws. Sections B and C include a discussion of protected species and
habitat, as well as the process for evaluating wildlife resources. Section D includes
guidance on the preparation of documents relevant to Wildlife Resources and
Section E includes information on a number of Wildlife Resource Hot Topics.

A. Relevant Laws
Although the Federal Endangered Species Act is the primary law that drives the
majority of an ODOT Biologists work, there are many other relevant federal, state,
and local laws. The following sections discuss the federal, state, and local laws that
are applicable to Wildlife Resources.

1. Federal Laws
ODOT Biologists must be familiar with the following federal laws and regulations.
Click on each law to be directed to a Topic Sheet regarding each of the following
federal laws and how they apply to ODOT projects.

Federal Endangered Species Act (ESA)


Bald and Golden Eagle Protection Act (BGEPA)
Migratory Bird Treaty Act (MBTA)
National Forest Management Act (NFMA)

2. State Laws
ODOT Biologists must be familiar with the following state laws and regulations. Click
on each law to be directed to a Topic Sheet that addresses each of the following
state laws and initiatives.

State Endangered Species Act


Governors Initiative for Wildlife Passage [TOPIC SHEET]

3. Local Laws
Depending on the size, scope, and complexity of a project, as well as the location,
there may be city, county or special district laws that are applicable to a particular
project. It is important to check with the Project Leader or Permit Specialist to

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determine if there are applicable local laws that require the ODOT Biologists input
or expertise.
In ODOT Regions 1 and 4, it may be necessary to prepare permits for proposed
activities conducted within the Columbia River Gorge National Scenic Area
(CRGNSA). The permit approval process is overseen by the Columbia River Gorge
Commission. Information regarding the Columbia River Gorge Commission and the
CRGNSA permitting process can be found on the Columbia River Gorge
Commissions website.

B. Protected Species and Habitat


ODOT Biologists must also be familiar with the protected species that have the
potential to be affected by projects within their region. This section provides
guidance on where and how to find information about federally listed, state listed,
and commonly addressed species. In addition, this section provides information
about protected habitats.

1. Federally Listed Species


The most current list of species protected under the Endangered Species Act and
within USFWS jurisdiction can be found on the USFWS Oregon Fish and Wildlife
Office Endangered Species Lists page. This list is updated weekly and includes
all USFWS listed species that may be in Oregon, as well as their current ESA Listing
Status.
Currently, the USFWS has not proposed any wildlife species for listing under the ESA
in Oregon. Table 39 includes a list of Candidate wildlife species listed by the USFWS
in Oregon.
Table 39. USFWS Candidate Wildlife Species
Common Name
Mammals
Fisher
Washington ground squirrel
Birds
Yellow-billed cuckoo
Streaked horned lark
Reptiles and Amphibians
Columbia spotted frog
Oregon spotted frog
Invertebrates
Whulge
(Taylors)
checkerspot
Mardon skipper

ODOT Biology Manual

Scientific Name
Martes pennant
Spermophilus washingtoni
Coccyzus americanus
Eremophila
alpestris
strigata
Rana luteiventris
Rana pretiosa
Euphydryas editha taylori
Polites mardon

55

2. State Listed Species


Species protected by the Oregon State Endangered Species Act are under the
jurisdiction of ODFW. The most current list of wildlife and fish species protected
under the Oregon State Endangered Species Act can be found on ODFWs Wildlife
Division, Species Information page. This list is updated on a regular basis and
includes fish, amphibian, reptile, bird, and mammal species as well as their current
State ESA Listing Status.
To foster a positive, proactive approach to species conservation, a sensitive
species classification was created under Oregons Sensitive Species Rule (OAR 635100-040). The Sensitive Species List focuses fish and wildlife management and
research activities on species that need conservation attention. Although the intent
of the ODFW Sensitive Species List is to prevent species from declining to the point
of qualifying as threatened or endangered, this list is not used as a candidate list
for species to be considered for listing under the Oregon Threatened and
Endangered Species rules.
"Sensitive" refers to naturally-reproducing fish and wildlife species, subspecies, or
populations which are facing one or more threats to their populations and/or
habitats. Implementation of appropriate conservation measures to address the
threats may prevent them from declining to the point of qualifying for threatened or
endangered status. The most current list of species listed as Sensitive by ODFW can
be found on ODFWs Sensitive Species page under the Wildlife Division.

3. Commonly Addressed Species


ODOT Biologists must be familiar with a wide range of wildlife species that have the
potential to be affected by projects within their region. The following Topic Sheets
contain information regarding the species that are most frequently encountered on
ODOT projects.

Northern Spotted Owls


Marbled Murrelets [INSERT MAMU TOPIC SHEET]
Bald Eagle
Peregrine Falcon

4. Habitat
i. Critical Habitat
The ESA requires that the federal government designate critical habitat for any
species it lists under the ESA. The ESA defines critical habitat as:
(1) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of
section 4 of the Act, on which are found those physical or biological
features (constituent elements) (a) essential to the conservation of the
species and (b) which may require special management considerations

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or protection; and (2) specific areas outside the geographical area


occupied by the species at the time it is listed in accordance with the
provisions of section 4 of the Act, upon a determination by the
Secretary that such areas are essential for the conservation of the
species (ESA 3 [5][A]).
The ESA protects critical habitat by requiring that all federal agencies ensure that
any actions they authorize, fund, or carry out are not likely to destroy or adversely
modify designated critical habitat. These requirements apply only to federal agency
actions, which includes FHWA funding of ODOT projects.
For additional information about critical habitat, refer to the USFWS online
interactive tool that provides maps of critical habitat under USFWS jurisdiction.
ODOT also maintains GIS layers with critical habitat information for listed species
found in Oregon.

C. Process for Evaluating Wildlife Resources


ODOT Biologists have various tools at their disposal for assessing the resources
available to wildlife species. This section describes and provides additional
information about some of these resources.

1. Protocol for Evaluating Wildlife Resources


ODOT has developed a protocol for evaluating wildlife resources that can be used by
ODOT Biologists during project site investigations. The Wildlife Resource Protocol
[PLACEHOLDER INSERT LINK TO PROTOCOL] can be used to evaluate wildlife
habitat and determine the species that have the potential to inhabit the project
area.

2. Survey Protocols
Regulatory agencies and research groups have developed customized survey
protocols that should be used when conducting surveys for particular species. Table
39 includes a list of these protocols and links to the documents.
Table 40. List of Wildlife Survey Protocols
Species

Scientific Name

Northern Spotted Owl

Strix occidentalis caurina

Marbled Murrelet

Brachyramphus
marmoratus

Vernal Pool Fairy


Shrimp

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Branchinecta lynchi

57

Survey Protocol Name (Link)


Protocol for Surveying Proposed
Management Activities that May
Impact Northern Spotted Owls
Methods for surveying Marbled
Murrelets in forests: a revised
protocol for land management and
research
Interim
Survey
Guidelines
to
Permittees for Recovery Permits
under Section 10(a)(1)(A) of the
Endangered Species Act for the

General Bird

n/a

American Peregrine
Falcon

Falco peregrines anatum

Listed Vernal Pool Branchiopods


The Northeast Bird Monitoring
Handbook
Protocol for Observing Known
Potential Peregrine Falcon Eyries
in the Pacific Northwest

Under certain circumstances, ODOT may decide to forego protocol surveys for a
particular listed species and assume presence of that listed species. The decision
to assume presence may be made, for example, if there is not sufficient time or
funds to undertake protocol surveys. For additional information about assuming
presence, refer to the Assuming Presence Topic Sheet [INSERT LINK TO ASSUMING
PRESENCE TOPIC SHEET].

3. ORNHIC
The Oregon Natural Heritage Information Center (ORNHIC) maintains a
comprehensive database of rare, threatened, and endangered species observation
data that can be used to identify the species that may potentially be affected by a
proposed project. ODOT Biologists can access these data by utilizing ODOTs
internal ORNHIC GIS layer. ODOT Geo-Environmental has provided training for
utilizing these data in the past and these materials can be accessed here. For more
information on the ORNHIC database, refer to ORNHICs website or refer to the
ORNHIC Topic Sheet. In addition, ORNHIC prepared a booklet [INSERT LINK TO
ORNHIC T&E BOOK] that includes distribution information on the rare, threatened
and endangered species of Oregon. Sightings of rare or sensitive wildlife species
can be submitted to ORHNIC by utilizing the ORNHIC Animal Field Survey Form.

4. Liaisons
As part of the CETAS program, ODOT implemented a regulatory liaison program in
which ODOT funds several positions at the various resource agencies. Table 41 lists
the regulatory agencies at which ODOT is currently funding liaison positions as well
as the number of positions at each agency.
Table 41. Regulatory Liaison Agencies and positions.
Regulatory Agency
NOAA Fisheries
USFWS
USACE
DEQ
DSL
ODFW
USDA
APHIS
Services

Wildlife

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Number of
Positions
3
3
2
2
2
4

positions
positions
positions
positions
positions
positions

1 position

58

Contact information for each of the ODOT regulatory liaisons can be found on the
ODOT Geo-Environmental Biology Page under Liaison Contacts. The
regulatory liaisons that provide assistance with wildlife resource issues are those at
USFWS, ODFW, and USDA APHIS Wildlife Services.
The regulatory liaison program is designed to facilitate a smooth and efficient
environmental review process. ODOT Biologists are encouraged to contact the
appropriate regulatory liaison when necessary during the development of a project.
A number of examples of appropriate occasions for contacting a regulatory liaison
are included in Table 42.
Table 42. Liaison Contact Examples
Regulatory Liaison Contact Examples

During Scoping and/or preparation of the Part 3 Prospectus


To schedule site visits
To discuss the proposed project design as it relates to a regulatory framework
To request the regulatory liaisons attendance at a PDT meeting
To coordinate assistance with construction monitoring
During construction if it is necessary to request a BA/BO Concurrence Letter Revision
During Emergency / Urgency situations involving wildlife resources

D. Documents
ODOT Biologists are responsible for preparing many types of resource assessment,
planning, and reporting documents that are relevant to Wildlife Resources. The
following section provides information on the preparation of No Effect
Memorandums, Biological Assessments, and Monitoring Reports.

1. No Effect Memorandums
As stated in the ODOT BA Guidance Manual, a No Effect Memorandum (NEM) can
be prepared if the proposed action will literally have no effect whatsoever on the
species and / or critical habitat, not a small effect or an effect that is unlikely to
occur. Table 43 includes examples of scenarios when a NEM may be appropriate.
Table 43. No Effect Memorandum Scenarios
NEM Scenarios

A listed species is not present in the project site or action area (if the action will not
have an effect on a listed species) and the project is located outside of designated
critical habitat.
No suitable habitat is located within the project area or action area.
There is no increase in impervious surfaces.
There is no in-water work required.
There is no vegetation removal work required for construction activities.

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When preparing an NEM, ODOT Biologists may find it helpful to utilize the ODOT
NEM Outline [INSERT LINK TO NEM OUTLINE] and / or the ODOT NEM Checklist /
Template. In addition, refer to the ODOT NEM Example documents [INSERT LINK TO
NEM EXAMPLES] for NEMs prepared for projects in the past.

2. Biological Assessments (BA)


The purpose of a BA is to address the proposed action (i.e. ODOT transportation
project) in compliance with Section 7(c) of the ESA, as amended. Section 7 of the
ESA assures that, through consultation (or conferencing for proposed species) with
the USFWS and NOAA Fisheries, federal actions do not jeopardize the continued
existence of any threatened, endangered or proposed wildlife species, or result in
the destruction or adverse modification of designated or proposed critical habitat.
Consultation is accomplished, in part, through a BA, which evaluates the potential
effects that the proposed transportation project will have on species that are
federally listed under the ESA. Conservation measures are identified in the BA to
avoid or minimize any adverse effects of the proposed project on listed species and
their designated critical habitat.
The two types of BAs are individual / project-specific and programmatic.
Programmatic BAs were developed to cover frequent and simple roadway-related
actions where conservation and best management techniques have been
developed. By following the techniques in the Programmatic BA, routine actions do
not require the in-depth analysis and documentation associated with a large and
more complex project. The individual or project-specific BAs are designed for
complex projects which require a more detailed analysis of effect and must be
evaluated on a case-by-case basis. An individual BA must be prepared if the
proposed activity has a federal nexus, may affect a listed or proposed species or its
critical habitat, and is not covered in part or entirely under an existing
Programmatic BA.
i. NLAA BA
A May Affect but Not Likely to Adversely Affect (NLAA) determination (Informal
Consultation) is the appropriate conclusion when the effects of the proposed action
on the species or critical habitat are expected to be beneficial, discountable, or
insignificant.

Beneficial Effects:
Contemporaneous positive effects without any
adverse effects to the species or habitat.
Discountable Effects: Effects that are extremely unlikely to occur. Based
on best professional judgment, a person would not be able to meaningfully
measure, detect, or evaluate insignificant effects; or expect discountable
effects to occur.
Insignificant Effects:
Effects that relate to the size of the impact and
should never reach the scale where take of listed species can occur.

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Through the submittal of the BA, ODOT is requesting concurrence from the
regulatory agencies and that they issue agreement with the BA in the form of a
Letter of Concurrence (LOC).
ii. LAA BA
As stated in the ODOT BA Guidance Manual, a May Affect and is Likely to
Adversely Affect (LAA) determination is appropriate when there is more than a
negligible potential to have adverse effects on the species or critical habitat. While
there is no definition of adverse effects in the ESA or its implementing regulations,
the ODOT BA Guidance Manual quotes the following USFWS and NOAA Fisheries
definition for is likely to adversely affect:
This conclusion is reached if any adverse effect to listed species or critical
habitat may occur as a direct or indirect result of the proposed action or
its interrelated or interdependent actions. In the event the overall effect
of the proposed action is beneficial to the listed species or critical habitat,
but may also cause some adverse effects to individuals of the listed
species or segments of the critical habitat, then the proposed action is
likely to adversely affect the listed species or critical habitat.
Through the submittal of the BA, ODOT is requesting that the regulatory agencies
concur with the LAA determination and that they issue agreement with the BA in the
form of a Biological Opinion (BO).
iii. Guidance
Additional information and guidance regarding the preparation of a BA can be found
in the following documents:

ODOT BA Guidance Manual


ODOT BA Evaluation Checklist
ODOT BA Qualification Technical Bulletin
Consultant Qualifications for Performing ODOT Biological
Assessments

a. Outline of Submittal Process


The submittal process for a BA varies depending on whether it is an NLAA BA or an
LAA BA. Table 44 and Table 45 outline the steps involved in submitting an NLAA BA
and an LAA BA, respectively.
Table 44. Outline of NLAA Submittal Process
Not Likely to Adversely Affect (Informal Consultation)
Federal Nexus:
FHWA

ODOT Biology Manual

Step 1: Route BA through Natural Resource Unit (NRU) (ODOT)


Step 2: ODOT submits BA to NOAA Fisheries / USFWS on behalf of
FHWA requesting concurrence

61

Federal Nexus:
USACE, USFS, BLM,
other Federal Agency

Step
Step
Step
Step
Step

3:
1:
2:
3:
4:

NOAA Fisheries/ USFWS issues a LOC


Route BA through NRU (ODOT)
ODOT submits BA to federal agency
Federal agency submits BA to NOAA Fisheries / USFWS
NOAA Fisheries / USFWS issues a LOC

Table 45. Outline of LAA Submittal Process


Likely to Adversely Affect (Formal Consultation)
Federal Nexus:
FHWA, USACE, USFS,
BLM, other Federal
Agency

Step
Step
Step
Step

1: Route BA through NRU (ODOT)


2: ODOT submits BA to federal agency
3: Federal agency submits BA to NOAA Fisheries / USFWS
4: NOAA Fisheries / USFWS issues a Biological Opinion (BO)

A BA addressing wildlife species is submitted to the USFWS. If the BA also addresses


a species under NOAA Fisheries jurisdiction, such as Chinook salmon, the BA must
be submitted to both USFWS and NOAA Fisheries. The regulatory agencies will issue
separate LOCs /BOs.
A BA transmittal letter is prepared by the ODOT Biologist to accompany the BA
when it is submitted. The transmittal letter is addressed to FHWA and written from
ODOT. In addition, a ghost transmittal letter should accompany the BA. The ghost
letter is prepared by ODOT on behalf of FHWA so that it can be included when FHWA
submits the BA to the regulatory agencies for review. If a federal agency other than
FHWA is submitting the BA, it can still be helpful to prepare a ghost transmittal
letter for the agency to include with the BA submittal.
The BA must be routed through ODOTs Natural Resource Unit (NRU). The NRU
submits the BA on behalf of ODOT directly to the services or to FHWA (in case of an
LAA BA). A BA with an NLAA determination may take two days to be processed at
NRU and subsequently submitted to the NOAA Fisheries or USFWS. A LAA BA may
take up to two weeks to process at NRU prior to submittal to FHWA. FHWA may also
need an additional two weeks to process the LAA BA prior to submitting the BA to
NOAA Fisheries or USFWS. It is important to account for these processing timelines
when considering the overall review timeline for a BA.
b. Consultation Timelines
The regulatory agencies have 60 days to review an NLAA BA (Informal Consultation)
and up to 135 days to review an LAA BA (Formal Consultation). Early and frequent
coordination with regulatory liaisons is an essential element for streamlining this
process. In order to receive the LOC / BO in adequate time, it is helpful to keep in
mind the following timelines.

NLAA BA: Submit approximately four months prior to release of the Final
PS&E package or as agreed to with the PDT.

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62

LAA BA:
Submit approximately eight months prior to release of the final
PS&E package or as agreed to by the PDT.
iv. Templates

All BAs prepared for ODOT projects (by ODOT Biologists or consultants) should be
prepared according to the ODOT BA Template. In addition, there are templates for
other documents associated with a BA. Follow the links below to access these
templates.

Informal Consultation Transmittal Template

v. Example Documents
Refer to the ODOT BA Example documents for BAs prepared for projects in the
past.

3. Monitoring Reports
The Geo-Environmental Section has developed standards and procedures for ODOT
to streamline environmental compliance. This includes biological monitoring, which
is typically required as a condition of biological permits, such as federal and state
ESA incidental take permits and state fish passage permits. Resources have been
developed to support biological monitoring efforts, including a database, template
reports, field checklist, GIS files, GPS/field mapping applications. Refer to the
Biology Monitoring Guidance page on ODOTs Geo-Environmental website for
the latest information and guidance.
This website contains resources for ODOT Environmental employees (and
consultants on ODOT projects) to complete the most common biological monitoring
requirements for mitigation projects owned by ODOT. The monitoring guidelines
described on the website do not apply to mitigation banks, Special Management
Areas, mitigation for 4(f) resources, or local agency-owned projects funded by ODOT
or FHWA programs.
Refer to the ODOT Monitoring Report Example documents [INSERT LINK TO
MONITORING REPORT EXAMPLES] for monitoring reports prepared for ODOT
projects.

E. Hot topics
The following section includes information on various Hot Topic issues that ODOT
Biologists may need to be familiar with as part of their job responsibilities. These
Hot Topics include: Wildlife Passage, Bats, Peregrine Falcons, Harassment / Noise
Issues, Migratory Birds, Mitigation / Restoration, Specifications, Emergency /
Urgency Situations, Bald Eagles, and Beavers.

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63

1. Wildlife Passage
Wildlife-vehicle collisions present an increasing danger to human safety as well as
wildlife survival. ODOT continually evaluates strategies for reducing the number of
wildlifevehicle collisions on ODOT highways. One way of reducing conflict points is
to plan and provide facilities that are designed to meet wildlife passage needs.
Wildlife passage strategies that ODOT utilizes include:

Designing and installing larger culverts to allow for small mammal or


amphibian crossing underneath highways.
Designing and installing wider bridges to allow for movement of small / large
mammals and amphibians underneath highways.
Installing wildlife benches beneath bridges to allow for movement of small /
large mammals and amphibians underneath highways.
Installing wildlife fencing that directs wildlife to safer crossing structures or
locations (e.g. culvert or bridges).

Additional information regarding wildlife passage and wildlifevehicles collisions is


provided in a FHWA report to Congress [INSERT LINK TO FHWA WVC RED STUDY].

2. Bats
Bat species have the potential to be affected by ODOT projects, especially during
the demolition and construction of bridges. Information regarding bat species and
how they have the potential to be affected by ODOT projects is provided in the Bat
Topic Sheet [INSERT LINK TO BAT TOPIC SHEET].
Bat boxes are often incorporated into bridge projects to provide habitat. Click on the
following link for standard drawings of bat box structures [PLACEHOLDER INSERT
LINK TO BAT BOX DRAWINGS].

3. Peregrine Falcons
Peregrine falcons are known to nest on ODOT bridges or near ODOT highways and,
therefore, have the potential to be impacted by ODOT projects and activities.
Information regarding Peregrine Falcons is provided in the Peregrine Falcon Topic
Sheet. ODOT policies designed to maintain species productivity are outlined in the
ODOT Peregrine Falcon Management Plan.

4. Bald Eagle
Bald eagles often nest or inhabit areas near ODOT highways and facilities. Due to
this proximity, ODOT projects and activities have the potential to impact bald
eagles. Information regarding bald eagles is provided in the Bald Eagle Topic
Sheet and in the ODOT Geo-Environmental Technical Advisory addressing
bald eagles.

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64

5. Beavers
Beavers have the potential to cause conflicts with ODOT projects and maintenance
of ODOT facilities. The Beaver Topic Sheet [INSERT LINK TO BEAVER TS] discusses
these conflict points and also includes strategies for addressing beaver conflicts.

6. Harassment / Noise Issues


The construction and maintenance of ODOT highways and facilities have the
potential to create high levels of noise that may impact listed avian species.
Information regarding noise issues and the potential to cause injury or harassment
to listed avian species is provided in the following guidance memorandums.

Basic Noise Primer prepared by David Leal (USFWS / ODOT Liaison) [INSERT
LINK TO NOISE PRIMER].
Harassment Analysis and Distance Thresholds Memorandum prepared by
David Leal (USFWS / ODOT Liaison [INSERT LINK TO HARASSMENT MEMO].

7. Migratory Birds
ODOT established guidelines and strategies for ensuring that appropriate and
reasonable measures are taken to prevent injury to and death of migratory birds in
the ODOT Highway Division Migratory Bird Treaty Act Directive. Information
regarding migratory birds and how they can be affected by ODOT projects is
provided in the Migratory Birds Topic Sheet.

8. Mitigation / Restoration
During the construction and maintenance of ODOT projects, it may be necessary to
impact sensitive wildlife species and / or habitat. In order to offset or compensate
for these impacts, ODOT may implement mitigation strategies in the form of
restoration, mitigation banking, and /or enhancement to wildlife resources.
ODFW has outlined a Fish and Wildlife Habitat Mitigation Policy (OAR 635-415-0000)
with the purpose of providing consistent goals and standards for mitigating impacts
to fish and wildlife habitat caused by land and water development actions. Refer to
the Mitigation / Restoration Topic Sheet for additional information regarding
ODFWs policy.
Wildlife Enhancement strategies are discussed in the Wildlife Resource
Enhancement Topic Sheet. This Topic Sheet addresses the process for developing
and implementing wildlife resource enhancement elements in a project. Potential
enhancement elements include measures to improve wildlife species habitat or
passage through a project.

9. Specifications
The Specifications Program is provided through the Office of Project Letting, which is
a unit of the Technical Services Traffic-Roadway Section. Specifications are a list of

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65

requirements and stipulations that are included in the contracting documents for a
project.
i. Standard Specifications
Standard specifications are specifications that are included as part of the
contracting documents of every project. Currently, ODOT is using the 2008 version
of the Standard Specifications and they can be accessed at the Standard
Specifications page on ODOTs Specifications website.
Biology-specific standard specifications can be found in Section 200 (Temporary
Features and Appurtenances) and Section 1000 (Right-of-Way Development and
Control) of the Standard Specifications. Table 46 includes a list of biology-specific
standard specification sections and their scope.
Table 46. Biology-related Standard Specifications
Standard Specification Sections
Section

Topic

Section 280

Erosion and Sediment


Control

Section 290

Environmental
Protection

Section 1030

Seeding

Section 1040

Planting

Scope
This work consists of implementing structural
and non-structural Best Management Practices
(BMP) for the purpose of controlling soil erosion
by wind or water and keeping eroded sediments
and other construction-generated pollutants
from moving off project sites.
This Section describes the Contractor's duties
and obligations with respect to protection of the
land,
waters,
air,
wildlife,
and
other
environmental resources of the state. This
section discusses compliance with all applicable
federal, state, and local environmental, health,
safety, and other laws, acts, statutes,
regulations, administrative rules, ordinances,
orders, and permits.
This work consists of seeding and associated
tasks to develop plant growth for erosion
control, environmental mitigation, and roadside
development.
This work consists of planting and associated
work as shown or directed.

ii. Special Provisions


Special provisions include additional information or changes to the Standard
Specification language. The steps for incorporating special provision language into
contract documents are as follows:
STEP 1: The ODOT Biologist goes to the Project Team Leader to discuss any
proposed Special Provisions that would supplement the Standard Specifications.
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66

STEP 2: The Project Team Leader shares the proposal with the Project Delivery
Team.
STEP 3: The ODOT Biologist coordinates with the specification writer to draft
the appropriate language for the Special Provisions.
STEP 4: The Project Team Leader reviews the proposed special provision
language with a focus on implementation into the contract documents.
ODOT maintains boiler plate Special Provisions that can be tailored to address the
specific needs of a particular project. For example, an ODOT Biologist can include
the specific information regarding a designated staging and/or disposal site by
utilizing the boiler plate Special Provision language for Section 290 (location,
access, and acreage of available area). The boiler plate Special Provision language
is available on the 2008 Boiler Plate Special Provisions page on ODOTs
Specifications website. ODOT Biologists can amend each applicable section of
the Boiler Plate Special Provision language so that it meets the needs of a specific
project.
Additional guidance on how to determine the cost of various measures included in
the specifications can be accessed from the Estimating page on ODOTs
Specifications website.
iii. Standard Drawings
Biology-related Standard Drawings of common project elements will be available at
this location [INSERT LINK TO STANDARD DRAWINGS PLACEHOLDER] as ODOT
compiles a list of useful documents. These Standard Drawings may be helpful as
ODOT Biologists prepare Special Provisions for proposed projects.

10.

Emergency / Urgency Situations

It may be necessary for ODOT to conduct repairs to transportation facilities as a


result of Emergency or Urgency situations. Emergency and Urgency situations are
often the result of large storm events, floods, and / or landslides. The following
resources address Emergency or Urgency situations:

Emergency / Urgency Topic Sheet [INSERT EMERG / URG TOPIC SHEET].


ODOT has developed coordination and documentation procedures for
environmental staff for Emergency / Urgency Repairs in a GeoEnvironmental Technical Services Advisory
ODOT Routine Roadside Manual (Blue Book)
SLOPES IV. Refer to the Major Hazard Response section under Types of
Actions on Page 17.
USFWS Programmatic Agreement [PLACEHOLDER INSERT LINK TO USFWS
PBA].
Additional information about ODOTs Office of Maintenance, often the first
line of response in an Emergency/Urgency situation, is available at the ODOT
Office of Maintenance website.

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V.

Botanical Resources

The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to Botanical Resources. Section A includes a discussion of the relevant
federal, state, and local laws. Sections B and C include a discussion of protected
species and habitat, as well as the process for evaluating botanical resources.
Section D includes guidance on the preparation of documents relevant to Botanical
Resources and Section E includes information on a number of Botanical Resource
Hot Topics.

A. Relevant Laws
Although the Federal Endangered Species Act is the primary law that drives the
majority of an ODOT Biologists work, there are many other relevant federal, state,
and local laws. The following sections discuss the federal, state, and local laws that
are applicable to Botanical Resources.

1. Federal Laws and Regulations


ODOT Biologists must be familiar with the following federal laws and regulations.
Click on each law to be directed to a Topic Sheet regarding each of the following
federal laws.

Federal Endangered Species Act (ESA)


Executive Order addressing Noxious Weeds
National Forest Management Act (NFMA)

2. State Laws
ODOT Biologists must be familiar with the following state laws and regulations. Click
on each law to be directed to a Topic Sheet that addresses each of the following
state laws and regulations.

State Endangered Species Act


Noxious Weed Control and Eradication Act of 2004 (7 USC 1801)
Noxious Weed Control Law (ORS 570.500-600)

3. Local Laws
Depending on the size, scope, and complexity of a project, as well as the location,
there may be city, county, or special district laws that are applicable to a particular
project. It is important to check with the Project Leader or Permit Specialist to
determine if there are applicable local laws that require the ODOT Biologists input
or expertise.

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In ODOT Regions 1 and 4, it may be necessary to prepare permits for proposed


activities conducted within the Columbia River Gorge National Scenic Area
(CRGNSA). The permit approval process is overseen by the Columbia River Gorge
Commission. Information regarding the Columbia River Gorge Commission and the
CRGNSA permitting process can be found on the Columbia River Gorge
Commissions website.

B. Protected Species and Habitat


ODOT Biologists must also be familiar with the protected species and habitats that
have the potential to be affected by projects within their region. This section
provides guidance on where and how to find information about federally listed, state
listed, and commonly addressed species. In addition, this section provides
information about protected habitats.

1. Federally Listed Species


The most current list of botanical species protected under the Endangered Species
Act and within USFWS jurisdiction can be found on the USFWS Oregon Fish and
Wildlife Office Endangered Species Lists page. This list is updated weekly and
includes all USFWS species listed that may be in Oregon, as well as their current
ESA Listing Status.
Currently, the USFWS has not proposed any botanical species for listing under the
ESA in Oregon. Table 47 includes a current list of Candidate botanical species listed
by the USFWS in Oregon.
Table 47. USFWS Candidate Botanical Species
Common Name

Scientific Name

Plants
Northern wormwood
Siskiyou mariposa lily

Artemisia campestris var. wormskioldii


Calochortus persistens

2. State listed species


The most current list of botanical species protected under the Oregon State
Endangered Species Act and within Oregon Department of Agricultures (ODA)
jurisdiction can be found on the Oregon Listed Plants page on the ODA Plant
Division, Plant Conservation website.
Currently, there are 60 botanical species that are administratively protected in the
State of Oregon. Of these 60 species, 30 are listed as endangered and 28 are listed
as threatened. Two species, Arabis macdonaldiana and Howellia aquatilis, have
been federally listed, but the Oregon Administrative Rules (OAR 603-073) have not
been updated to reflect the state protection that is conferred by federal listing. All
federally listed plant species occurring in Oregon are administratively protected by

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the Oregon Department of Agriculture. In addition, Oregon has 76 candidate


species. Links to the lists of state endangered, threatened, and candidate species
are provided below.

List of State Endangered Botanical Species


List of State Threatened Botanical Species
List of State Candidate Botanical Species

3. Commonly Addressed Species


i.
Noxious Weeds
ODOT Biologists must also be familiar with a wide range of botanical species that
have the potential to be affected by projects within their region. Noxious weed
species are of particular importance due to their potential to spread as a result of
construction and maintenance of ODOT projects. A noxious weed is any plant
classified by the Oregon State Weed Board as injurious to public health, agriculture,
recreation, wildlife, or any public or private property. Noxious weeds have become
so thoroughly established and are spreading so rapidly on private, state, county,
and federally owned lands, that they have been declared by ORS 570.505 to be a
menace to public welfare. The responsibility for eradication and intensive control
rests not only on the private landowner and operator, but also on the county, state,
and federal government.
The Oregon Department of Agriculture (ODA) Noxious Weed Control Program
maintains a list of noxious weed species in the interest of protecting Oregons
natural resources and agricultural economy from the invasion and proliferation of
exotic noxious weeds. Table 48 includes a list of goals for this program.
Table 48. ODA Noxious Weed Control Program Goals
ODA Noxious Weed Control Program Goals

Implementing early detection and rapid response projects for new invasive noxious
weeds
Implementing biological control
Implementing statewide inventory and survey
Assisting the public and cooperators through technology transfer and noxious weed
education
Maintaining noxious weed data and maps for priority listed noxious weeds
Providing assistance to land managers and cooperators with integrated weed
management projects

ODA classifies noxious weeds into three categories. Table 49 includes a list of these
categories and their definitions. Click here for a link to the 2009 ODA Noxious
Weed List.
Table 49. ODA Noxious Weed Classification system.
Classification

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Definition

70

Weed of known economic importance which occurs in the state in


small enough infestations to make eradication or containment
possible; or is not known to occur, but its presence in neighboring
states makes future occurrence in Oregon seem imminent.
Infestations are subject to eradication or intensive control when and
where found.
Weed of economic importance which is regionally abundant, but
which may have limited distribution in some counties.
Limited to intensive control at the state, county or regional level as
determined on a site specific, case-by-case basis. Where
implementation of a fully integrated statewide management plan is
not feasible, biological control (when available) shall be the primary
control method.
A priority noxious weed designated by the Oregon State Weed Board
as a target for which the ODA will develop and implement a
statewide management plan.
T designated noxious weeds are species selected from either the A
or B lists.

A
Recommended
Action:
B
Recommended
Action:

It is important that an ODOT Biologist coordinates with the Office Maintenance and
Operations during the preparation of an approach to noxious weed control on a
proposed project. Information regarding the Office of Maintenance and Operations,
District contact information, and maintenance programs can be found on the Office
of Maintenance website. ODOT Biologists can also contact William Lackey, the
ODOT Vegetation Management Coordinator with the Office of Maintenance, at
william.lackey@state.or.us, to coordinate an approach to noxious weed control on a
proposed project.

4. Habitat
i.

Critical Habitat

The ESA requires that the federal government designate critical habitat for any
species it lists under the ESA. The ESA defines critical habitat as:
(1) the specific areas within the geographical area occupied by the
species, at the time it is listed in accordance with the provisions of
section 4 of the Act, on which are found those physical or biological
features (constituent elements) (a) essential to the conservation of the
species and (b) which may require special management considerations
or protection; and (2) specific areas outside the geographical area
occupied by the species at the time it is listed in accordance with the
provisions of section 4 of the Act, upon a determination by the
Secretary that such areas are essential for the conservation of the
species (ESA 3 [5][A]).

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71

The ESA protects critical habitat by requiring that all federal agencies ensure that
any actions they authorize, fund, or carry out are not likely to destroy or adversely
modify designated critical habitat. These requirements apply only to federal agency
actions, which includes FHWA funding of ODOT projects.
For additional information about critical habitat, refer to the USFWS online
interactive tool that provides maps of critical habitat under USFWS jurisdiction.
ODOT also maintains GIS layers with critical habitat information for listed species
found in Oregon.

C. Process for Evaluating Botanical Resources


ODOT Biologists have various tools at their disposal for evaluating botanical
resources. This section provides a description and additional information about
some of these resources.

1. Protocol for Evaluating Botanical Resources


ODOT has developed a protocol for assessing botanical resources that can be used
by ODOT Biologists during project site investigations. The Botanical Resource
Protocol can be used to evaluate botanical habitat and determine the species that
have the potential to inhabit the project area.

2. Botanical Survey Methodology


Botanists can utilize a variety of survey methods when conducting rare plant
surveys. Table 50 below lists common botanical survey methodologies. The
Intuitive-Controlled survey methodology is often employed because it allows the
surveyor to maximize efficiencies while focusing on the areas with a high probability
of containing a rare species. Methods for conducting an Intuitive-Controlled Survey
are available in Thomas and Careys Endangered, Threatened, and Sensitive
Plants of Fort Lewis Washington: Distribution, Mapping, and Management
Recommendations for Species Conservation.

Table 50. Types of Botanical Survey Methodologies.


Survey Methodology
Cursory
Limited Focus
Intuitive
Controlled
Complete

Quick (15-30 minutes per hectare) reconnaissance of an area to


determine if it appears to be suitable habitat or to assess the
phonological development of the plants.
A close examination of selected areas within potential habitats but not
a search of the entire selected area.
A close examination of specific areas of potential habitat as well as a
careful search of the perimeter of the potential habitat.
A complete examination made by walking parallel transects
throughout the entire area and its perimeter.

Source: Thomas and Carey 1996

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72

3. Plant Identification
ODOT Biologists can find tools to assist with plant identification on the following
websites:

Oregon Flora Project


Center for Plant Conservation
Berry Botanical Gardens
Institute for Applied Ecology
USDA Plants Database

4. ORNHIC
The Oregon Natural Heritage Information Center (ORNHIC) maintains a
comprehensive database of rare, threatened, and endangered species observation
data that can be used to identify the species that may potentially be affected by a
proposed project. ODOT Biologists can access these data by utilizing ODOTs
internal ORNHIC GIS layer. ODOT Geo-Environmental has provided training for
utilizing these data in the past and these materials can be accessed here. For more
information on the ORNHIC database, refer to ORNHICs website or refer to the
ORNHIC Topic Sheet. In addition, ORNHIC prepared a booklet [INSERT LINK TO
ORNHIC T&E BOOK] that includes distribution information on the rare, threatened
and endangered species of Oregon). Sightings of rare or sensitive botanical species
can be submitted to ORHNIC by utilizing the ORNHIC Plant Field Survey Form.

5. Liaisons
As part of the CETAS program, ODOT implemented a regulatory liaison program in
which ODOT funds several positions at the various resource agencies. Table 51 lists
the regulatory agencies at which ODOT is currently funding liaison positions and the
number of positions at each agency.
Table 51. Regulatory Liaison Agencies and positions.
Regulatory Agency
NOAA Fisheries
USFWS
USACE
DEQ
DSL
ODFW
USDA
APHIS
Services

Number of
Positions
3
3
2
2
2
4

Wildlife

positions
positions
positions
positions
positions
positions

1 position

Contact information for each of the ODOT regulatory liaisons can be found on ODOT
Geo-Environmental Biology Page under Liaison Contacts. The regulatory
liaisons that provide assistance with botanical resource issues are those at USFWS.

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73

The regulatory liaison program is designed to facilitate a smooth and efficient


environmental review process. ODOT Biologists are encouraged to contact the
appropriate regulatory liaison when necessary during the development of a project.
A number of examples of appropriate occasions for contacting a regulatory liaison
are included in Table 52.
Table 52. Liaison Contact Examples
Regulatory Liaison Contact Examples

During Scoping and/or preparation of the Part 3 Prospectus


To schedule site visits
To discuss the proposed project design as it relates to a regulatory framework
To request the regulatory liaisons attendance at a PDT meeting
To coordinate assistance with construction monitoring
During construction if it is necessary to request a BA/BO Concurrence Letter Revision
During Emergency / Urgency situations involving botanical resources

D. Documents
ODOT Biologists are responsible for preparing many types of resource assessment,
planning, and reporting documents that are relevant to Botanical Resources. The
following section provides information on the preparation of No Effect
Memorandums, Biological Assessments, Botanical Clearance Reports, Weed
Management Plans, and Monitoring Reports.

1. No Effect Memos
As stated in the ODOT BA Guidance Manual, a No Effect Memorandum (NEM) can
be prepared if the proposed action will literally have no effect whatsoever on the
species and / or critical habitat, not a small effect or an effect that is unlikely to
occur. Table 53 includes examples of scenarios when a NEM may be appropriate.
Table 53. No Effect Memorandum Scenarios
NEM Scenarios

A listed species is not present in the project site or action area (if the action will not
have an effect on a listed species) and the project is located outside of designated
critical habitat.
No suitable habitat is located within the project area or action area.
There is no increase in impervious surfaces.
There is no in-water work required.
There is no vegetation removal work required for construction activities.

When preparing an NEM, ODOT Biologists may find it helpful to utilize the ODOT
NEM Outline [INSERT LINK TO NEM OUTLINE] and / or the ODOT NEM Checklist /
Template. In addition, refer to the ODOT NEM Example documents [INSERT LINK TO
NEM EXAMPLES] for NEMs prepared for projects in the past.

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2. Biological Assessments (BA)


The purpose of a BA is to address the proposed action (i.e. ODOT transportation
project) in compliance with Section 7(c) of the ESA, as amended. Section 7 of the
ESA assures that, through consultation (or conferencing for proposed species) with
the USFWS, federal actions do not jeopardize the continued existence of any
threatened, endangered or proposed botanical species, or result in the destruction
or adverse modification of designated or proposed critical habitat. Consultation is
accomplished, in part, through a BA, which evaluates the potential effects the
proposed transportation project will have on species that are federally listed under
the ESA. Conservation measures are identified in the BA to avoid or minimize any
adverse effects of the proposed project on listed species and their designated
critical habitat.
The two types of Biological Assessments (BAs) are individual / project-specific and
programmatic. Programmatic BAs were developed to cover frequent and simple
roadway-related actions where conservation and best management techniques have
been developed. By following the techniques in the Programmatic BA, routine
actions do not require the in-depth analysis and documentation associated with a
large and more complex project. The individual or project-specific BAs are designed
for complex projects which require a more detailed analysis of effect and must be
evaluated on a case-by-case basis. An individual BA must be prepared if the
proposed activity has a federal nexus, may affect a listed or proposed species or its
critical habitat, and is not covered in part or entirely under an existing
Programmatic BA.
i.

NLAA BA

A May Affect but Not Likely to Adversely Affect (NLAA) determination (Informal
Consultation) is the appropriate conclusion when the effects of the proposed action
on the species or critical habitat are expected to be beneficial, discountable, or
insignificant.

Beneficial Effects:
Contemporaneous positive effects without any
adverse effects to the species or habitat.
Discountable Effects: Effects that are extremely unlikely to occur. Based
on best professional judgment, a person would not be able to meaningfully
measure, detect, or evaluate insignificant effects; or expect discountable
effects to occur.
Insignificant Effects:
Effects that relate to the size of the impact and
should never reach the scale where take of listed species can occur.

Through the submittal of the BA, ODOT is requesting that the regulatory agencies
concur with the NLAA determination and that they issue agreement with the BA in
the form of a Letter of Concurrence (LOC).

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ii.

LAA BA

As stated in the ODOT BA Guidance Manual, a May Affect and is Likely to


Adversely Affect (LAA) determination is appropriate when there is more than a
negligible potential to have adverse effects on the species or critical habitat. While
there is no definition of adverse effects in the ESA or its implementing regulations,
the ODOT BA Guidance Manual quotes the following USFWS and NOAA Fisheries
definition for is likely to adversely affect:
This conclusion is reached if any adverse effect to listed species or critical
habitat may occur as a direct or indirect result of the proposed action or
its interrelated or interdependent actions. In the event the overall effect
of the proposed action is beneficial to the listed species or critical habitat,
but may also cause some adverse effects to individuals of the listed
species or segments of the critical habitat, then the proposed action is
likely to adversely affect the listed species or critical habitat.
Through the submittal of the BA, ODOT is requesting concurrence from the
regulatory agencies and that they issue agreement with the BA in the form of a
Biological Opinion (BO).
iii. Guidance
Additional information and guidance regarding the preparation of a BA can be found
in the following documents:

ODOT BA Guidance Manual


ODOT BA Evaluation Checklist
ODOT BA Qualification Technical Bulletin
Consultant Qualifications for Performing ODOT Biological
Assessments
a. Outline of Submittal Process

The submittal process for a BA varies depending on whether it is an NLAA BA or an


LAA BA. Table 54 and Table 55 outline the steps involved in submitting an NLAA BA
and an LAA BA, respectively.
Table 54. Outline of NLAA Submittal Process
Not Likely to Adversely Affect (Informal Consultation)

Federal Nexus:
FHWA
Federal Nexus:
USACE, USFS, BLM,
other Federal Agency

ODOT Biology Manual

Step 1: Route BA through Natural Resource Unit (ODOT)


Step 2: ODOT submits BA to NOAA Fisheries / USFWS on behalf of
FHWA requesting concurrence
Step 3: NOAA Fisheries / USFWS issues a Letter of Concurrence
(LOC)
Step 1: Route BA through NRU (ODOT)
Step 2: ODOT submits BA to federal agency
Step 3: Federal Agency submits BA to NOAA Fisheries / USFWS
Step 4: NOAA Fisheries / USFWS issues a Letter of Concurrence

76

(LOC)

Table 55. Outline of LAA Submittal Process


Likely to Adversely Affect (Formal Consultation)
Federal Nexus:
FHWA, USACE, USFS,
BLM, other Federal
Agency

Step
Step
Step
Step

1: Route BA through NRU (ODOT)


2: ODOT submits BA to federal agency
3: Federal Agency submits BA to NOAA Fisheries / USFWS
4: NOAA Fisheries / USFWS issues a Biological Opinion (BO)

The BA for botanical species is submitted to the USFWS, except in the case of
marine plants, which are under the jurisdiction of NOAA Fisheries. If species under
the jurisdiction of NOAA Fisheries and USFWS are being addressed for the same
project, these can be addressed in the same BA. The BA must be submitted to both
regulatory agencies. For example, if a BA addresses Chinook salmon (a species
under NOAA Fisheries jurisdiction) and Kincaids Lupine (a species under USFWS
jurisdiction), the BA must be submitted to both regulatory agencies and separate
LOCs /BOs will be issued.
The ODOT Biologist should prepare a transmittal letter to FHWA to accompany the
BA submittal. In addition, a ghost transmittal letter should accompany the BA. The
ghost letter is prepared by the ODOT Biologist on behalf of FHWA so that it can be
included when FHWA submits the BA to the regulatory agencies for review. Even if a
federal agency other than FHWA is submitting the BA, it can be helpful to prepare a
ghost transmittal letter for that agency to include with the BA submittal.
The BA must be routed through ODOTs Natural Resource Unit (NRU). The NRU
submits the BA on behalf of ODOT directly to the services or to FHWA (in the case of
an LAA BA). A BA with an NLAA determination may take two days to be processed at
NRU before it is submitted to NOAA Fisheries or USFWS. An LAA BA may take up to
two weeks to process at NRU prior to submittal to FHWA. FHWA may also need an
additional two weeks to process the LAA BA prior to submitting the BA to NOAA
Fisheries or USFWS. It is important to account for these processing timelines when
considering the overall review timeline for a BA.
b. Consultation Timelines
The regulatory agencies have 60 days to review an NLAA BA (Informal Consultation)
and up to 135 days to review an LAA BA (Formal Consultation). Early and frequent
coordination with regulatory liaisons is an essential element for streamlining this
process. In order to receive the LOC / BO in adequate time, it is helpful to keep in
mind the following timelines.

NLAA BA: Submit approximately four months prior to release of the Final
PS&E package or as agreed to with the PDT.

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77

LAA BA:
Submit approximately eight months prior to release of the final
PS&E package or as agreed to by the PDT.
4. Templates

All BAs prepared for ODOT projects (by ODOT Biologists or consultants) should be
prepared according to the ODOT BA Template. In addition, there is a template for
a document associated with a BA. Follow the links below to access this template.

Informal Consultation Transmittal Template


5. Example Documents

Refer to the ODOT BA Example documents [INSERT LINK TO BA EXAMPLES] for BAs
prepared for projects in the past.

3. Botanical Clearance Reports


Botanical Clearance surveys are conducted prior to ground disturbing activities on
ODOT projects and allow the ODOT Biologist an opportunity to inspect the area for
rare plant species. The surveys should be timed to coincide with the optimal
blooming period of listed species with the potential to inhabit the project area.
Typical bloom times for rare species are between the months of April and
September. __
The purpose of a botanical clearance report is to document the results of a botanical
clearance survey conducted for a proposed project. ODOT has developed a
Botanical Clearance Report Template that can be helpful to utilize when
preparing a Botanical Clearance Report. This template provides an opportunity to
record the following information in a clear and concise manner:

General Project Information


Project Location
Survey Methods
Site Inspection Results
Botanical Clearance Findings
Recommendations
Comments / Discussions
Conclusion

Once completed, the ODOT Biologist submits the Botanical Clearance Report to the
REC for inclusion in the project close-out documents. If the Botanical Clearance
Report documents the presence of a listed species, the ODOT Biologist must
prepare a Biological Assessment to address potential impacts to the species from
the proposed project.

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78

If noxious weeds are documented within the proposed project area, the ODOT
Biologist has two options for coordinating treatment of the weed populations. The
first option is to contact the Office of Maintenance to coordinate treatment prior to
project construction. The second option is to work with the PDT and drafter to
include the weed populations on the project plans so the weed populations can be
treated during project construction by the contractor.
The ODOT Biologist can submit species observations to ORNHIC for inclusion in their
statewide database. Alternatively, if no rare or listed species are observed, the
ODOT Biologist may submit the lack of results to ORNHIC. Sightings of rare or
sensitive botanical species can be submitted to ORHNIC by utilizing the ORNHIC
Plant Field Survey Form.
Refer to the ODOT Botanical Clearance Report Example documents (INSERT LINK TO
BOTANICAL CLEARANCE REPORT EXAMPLES) for Botanical Clearance Reports
prepared for projects in the past.

4. Weed Management Plans


The purpose of a weed management plan is to document the results of a noxious
weed survey conducted for a proposed project. In addition, a weed management
plan provides an opportunity to discuss strategies for controlling and eradicating
noxious weeds found to occur on site. A weed management plan should generally
include the following information:

General Project Information


Project Location
Discussion of review of records
Discussion of survey methods
Discussion of existing conditions
Results of the noxious weed survey
Management goals and practices
Recommendations

For information regarding noxious weeds, refer to the Noxious Weed Topic Sheet.

5. Monitoring Reports
The Geo-Environmental Section has developed standards and procedures for ODOT
to streamline environmental compliance. This includes biological monitoring, which
is typically required as a condition of biological permits, such as federal and state
ESA incidental take permits and state fish passage permits. Resources have been
developed to support biological monitoring efforts, including a database, template
reports, field checklist, GIS files, GPS/field mapping applications. Refer to the
Biology Monitoring Guidance page on ODOTs Geo-Environmental website for
the latest information and guidance.

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79

This website contains resources for ODOT Environmental employees (and


consultants working on ODOT projects) to complete the most common biological
monitoring requirements for mitigation projects owned by ODOT. The monitoring
guidelines described on the website do not apply to mitigation banks, Special
Management Areas, mitigation for 4(f) resources, or local agency-owned projects
funded by ODOT or FHWA programs.
Refer to the ODOT Monitoring Report Example documents [INSERT LINK TO
MONITORING REPORT EXAMPLES] for monitoring reports prepared for ODOT
projects.

E. Hot topics
The following section includes information on various Hot Topic issues that ODOT
Biologists may need to be familiar with as part of their job responsibilities. These
Hot Topics include: Special Management Areas, Mitigation / Restoration, Native
Species, No Maintenance / Low Maintenance Roadsides, Specifications, and
Emergency / Urgency Situations.

1. Special Management Areas


A Special Management Area (SMA) is an identified location along an ODOT right-ofway where sensitive natural or cultural resources are found. These resources are
protected under state or federal law and require unique or modified maintenance
actions to ensure continued viability of the resource. The location of a resource and
the potential need for a SMA often is established during project development, when
ODOT enters into an agreement with a resource regulatory agency to avoid
protected resources or minimize impacts resulting from a project. In addition, a
potential SMA may be identified because of a survey, previous knowledge, or
information provided by external entities. For additional information about SMAs,
refer to the SMA Topic Sheet and the ODOT SMA Directive.
SMA monitoring procedures are outlined on the Biology Monitoring Guidance
page on ODOTs Geo-Environmental website.
ODOT Geo-Environmental Section and the Office of Maintenance and Operations are
currently in the process of preparing a Habitat Conservation Plan that addresses the
SMA Program. When this document is completed, it will be available here
[PLACEHOLDER INSERT LINK TO SMA HCP].

2. Mitigation / Restoration
During the construction and maintenance of ODOT projects, it may be necessary to
impact sensitive botanical species and / or habitat. In order to offset or compensate
for these impacts, ODOT may implement mitigation strategies in the form of
mitigation, restoration, or enhancement to botanical resources.

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80

Botanical Mitigation and Restoration strategies are discussed in the Botanical


Mitigation and Restoration Topic Sheet.
Botanical Enhancement strategies are discussed in the Botanical Resource
Enhancement Topic Sheet.

3. Native Species
As part of the National Governors Associations Initiative, ODOT has been tasked
with promoting the use of native species on ODOT projects when possible.
Information regarding the use of native species for ODOT projects is provided in the
Native Species Topic Sheet.

4. No Maintenance / Low Maintenance Roadside


The Biology Program is currently developing a directive regarding low-impact
strategies for maintenance of roadsides. Information regarding ODOTs No
Maintenance / Low Maintenance Roadside Program is provided in the No
Maintenance / Low Maintenance Topic Sheet [INSERT NO MAIN / LOW MAN TOPIC
SHEET].

5. Specifications
The Specifications Program is provided through the Office of Project Letting, which is
a unit of the Technical Services Traffic-Roadway Section. Specifications are a list of
requirements and stipulations that are included in the contracting documents for a
project.
i.

Standard Specifications

Standard specifications are specifications that are included as part of the


contracting documents of every project. Currently, ODOT is using the 2008 version
of the Standard Specifications and they can be accessed at ODOTs Standard
Specifications page on ODOTs Specifications website.
Biology-specific standard specifications can be found in Section 200 (Temporary
Features and Appurtenances) and Section 1000 (Right-of-Way Development and
Control) of the Standard Specifications. Table 56 includes a list of biology-specific
standard specification sections and their scope.
Table 56. Biology-related Standard Specifications
Standard Specification Sections
Section
Section 280

Topic
Erosion and Sediment
Control

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Scope
This work consists of implementing structural
and non-structural Best Management Practices
(BMP) for the purpose of controlling soil erosion
by wind or water and keeping eroded sediments
and other construction-generated pollutants

Section 290

Environmental
Protection

Section 1030

Seeding

Section 1040

Planting

ii.

from moving off project sites.


This Section describes the Contractor's duties
and obligations with respect to protection of the
land,
waters,
air,
wildlife,
and
other
environmental resources of the state. This
section discusses compliance with all applicable
federal, state, and local environmental, health,
safety, and other laws, acts, statutes,
regulations, administrative rules, ordinances,
orders, and permits.
This work consists of seeding and associated
tasks to develop plant growth for erosion
control, environmental mitigation, and roadside
development.
This work consists of planting and associated
work as shown or directed.

Special Provisions

Special provisions include additional information or changes to the Standard


Specification language. The steps for incorporating special provision language into
contract documents are included below:
STEP 1: The ODOT Biologist goes to the Project Team Leader to discuss any
proposed Special Provisions that would be to supplement the Standard
Specifications.
STEP 2: The Project Team Leader shares the proposal with the Project Delivery
Team.
STEP 3: The ODOT Biologist coordinates with the specification writer to draft
the appropriate language for the Special Provisions.
STEP 4: The Project Team Leader reviews the proposed special provision
language with a focus on implementation into the contract documents.
ODOT maintains boiler plate Special Provisions that can be tailored to address the
specific needs of a particular project. For example, an ODOT Biologist can include
the specific information regarding a designated staging and/or disposal site by
utilizing the boiler plate Special Provision language for Section 290 (location,
access, and acreage of available area). The boiler plate Special Provision language
is available on the 2008 Boiler Plate Special Provisions page on ODOTs
Specifications website. ODOT Biologists can amend each applicable section of
the Boiler Plate Special Provision language so that it meets the needs of a specific
project.
Additional guidance on how to determine the cost of various measures included in
the specifications can be accessed from the Estimating page on ODOTs
Specifications website.

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iii.

Standard Drawings

Biology-related Standard Drawings will be available at this location [INSERT LINK TO


STANDARD DRAWINGS PLACEHOLDER] as ODOT compiles a list of useful
documents. These Standard Drawings may be helpful as ODOT Biologists prepare
Special Provisions for a proposed project.

6. Emergency / Urgency Situations


It may be necessary for ODOT to conduct repairs to transportation facilities as a
result of Emergency or Urgency situations. Emergency and Urgency situations are
often the result of large storm events, floods, and / or landslides. The following
resources address Emergency or Urgency situations:

VI.

Emergency / Urgency Topic Sheet [INSERT EMERG / URG TOPIC SHEET].


ODOT has developed coordination and documentation procedures for
environmental staff for Emergency / Urgency Repairs in a GeoEnvironmental Technical Services Advisory
ODOT Routine Roadside Manual (Blue Book)
SLOPES IV. Refer to the Major Hazard Response section under Types of
Actions on Page 17.
USFWS Programmatic Agreement [PLACEHOLDER INSERT LINK TO USFWS
PBA].
Additional information about ODOTs Office of Maintenance, often the first
line of response in an Emergency/Urgency situation, is also available at the
ODOT Office of Maintenance website.

Miscellaneous

The three types of resources that an ODOT Biologist needs to be familiar with can
be generally separated into three categories: Aquatic Resources, Wildlife Resources,
and Botanical Resources. The following section of the Manual provides information
related to miscellaneous topics that do not fit into these three primary categories,
but are nonetheless important. These topics include working with consultants,
utilizing other ODOT disciplines manuals, safety on the job, and the Biology
Program project spreadsheet.

A. Using Consultants
It may be necessary to utilize consultants to assist with ODOT project work due to
staff workload and/ or availability. As such, ODOT provides training opportunities to
provide guidance on working with consultants and preparing statements of work.
Training opportunities are advertised on the ODOT Human Resources web page.
Standardized scopes of work for biology services are available on the ODOT GeoEnvironmental webpage.

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83

B. Links to other Disciplines Manuals


Due to the wide range of topics that an ODOT Biologist has to be familiar with, it
may be helpful to refer to the guidance manuals for other disciplines within ODOT
Geo-Environmental Section. Click on each of the following links to be directed to the
guidance manuals for these disciplines.

Water Resources Manual (Coming June 2010)


Wetlands
Cultural Resources
Region Environmental Coordinators

C. Safety Issues
It is extremely important for ODOT Biologists to be aware of safety. During the
course of performing required duties, ODOT Biologists can find themselves in
situations that have the potential to be hazardous. There are various safety training
opportunities that are available to an ODOT Biologist. Table 57 below includes a list
of relevant safety training opportunities.
Table 57. Safety Training Opportunities
Safety Training Opportunities
Training Class Name

Renew

Resource

Bloodborne Pathogens

Course
Code
SA001045

12 months

Confined Spaces Awareness

SA001559

Initial Only

Defensive Driving

SA001013

Initial Only

Emergency Preparedness SECS ECS

EM001811

Initial only

Fire Extinguisher Safety


First Aid / CPR

SA001017
SA001018

12 months
24 months

First Responder Awareness Level

EM001801

Initial Only

First Responder Awareness Update

EM001802

12 months

Hazard Communication Training

SA001022

Initial only

Hearing Conservation

SA001024

12 months

SAWB11222

Initial only

Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Crew / ESO
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Employee Safety
Office
Online / ESO

SA001047

Initial only

SA001040

36 months

New Employee Orientation to Safety


Online
Personal Protective Equipment
Work Zone Traffic Control

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Employee Safety
Office
Employee Safety
Office

Refer to ODOTs Safety website and the Geo-Environmental Section Safety


Action Plan for information regarding ODOT safety procedures and requirements.

D.Using the Project Spreadsheet


The ODOT Project Spreadsheet is a key management tool for the Biology Program. It
is a list of projects that are either likely to go through the consultation process or
are already going through it. The ODOT Project Spreadsheet can be found at this
location [INSERT LINK TO PROJECT SPREADSHEET]. It is essential that ODOT
Biologists update the Project Spreadsheet on a quarterly basis or as directed by
Aquatic Biology Program Coordinator, Ken Cannon (ken.h.cannon@odot.state.or.us).

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