The Regulatory World Changes. Observe This Carefully, Constantly. Matt Perlik, M.S. Ohio Department of Transportation Planning Conference July 2016

Transcription

1 The Regulatory World Changes. Observe This Carefully, Constantly Matt Perlik, M.S. Ohio Department of Transportation Planning Conference July 2016

2 P E R L I K 3 feet of rain per year $2.3 Billion Annual Transportation Construction Program 57,000 + miles of rivers $1.9 trillion of goods flow annually through the Ohio s transportation system historic properties on the National Register 39 amphibian species 4 National Scenic Rivers 7 th most populated 8 th largest inventory of public roads in the US state in US 34 th in total area in US Development 3,600,000 ac. Forest 7,900,000 ac. Agriculture 13,600,000 ac. 483,000 ac. of wetland 2 federally listed bat species 59 mammal species 2 nd largest inventory of bridges in the US $555 billion of goods originate in Ohio 1 day s drive of 60% of the US and Canadian population Thousands of parks 45 reptile species

3 Ohio s Most Valuable Human-made Infrastructure to provide easy movement of people and goods from place to place 2 nd largest inventory of bridges in the US 8 th largest inventory of public roads in the US 1 day s drive of 60% of the US and Canadian population $555 billion of goods originate in Ohio $1.9 trillion of goods flow annually through the Ohio s transportation system (4 th in the US). Annual Transportation Construction Program of approximately $2.3 billion

4 Customer Challenge: Deliver the Program

5 January February March April May Streams Habitat Assessments June July August September October November December QHEI (Qualitative Haitat Evaluation Index)1 Stream must be in base flow. No suggested or enforced dates. HHEI (Headwater Habitat Evaluation Index)1 Stream should be under seasonal base flow conditions. Can be done year-round. ORAM (Ohio Rapid Assessment Method) 5 Most reliable scores during growing season. Can be done year-round. VIBI (Vegetation Index of Biotic Integrity) 6 June 15 - September 15 recommended. June 1 - September 30 allowed if necessary. Wetland Delineation 7 Most reliable scores during growing season. Can be done year-round. Bat Suitable Roost Tree Habitat Survey 8 Bat tree characteristics can be observed year-round. Year-round Bat Mist Net Survey 9 June 1 - August 15 Bat Acoustic Survey 10 May 15 - August 15 Mussels 11 May 1st-October 1st Fish (Qualitative Inventory) 12 June through November reccommended. Can be done year-round. IBI (Index of Biotic Integrity) Miwb (Modified Index of Wellbeing) 3 June 15 - September 30 Macroinvertebrates (Qualitiative Inventory) 12 June through September reccommended. Can be done year-round. ICI (Invertebrate Community Index) 3 June HMFEI 15 (Headwater - September Macroinvertebrate 30 Field Evaluation Index) 4 Can be done year-round. Reptile Species Surveys in General (Qualitative Inventory) 13 Late March through October Reptile Suitable Habitat Surveys in General 13 Can be done year-round as appropriate. Amphibian Species Surveys in General (Qualitative Inventory)14-18 Mid-February to October Amphibian Habitat Surveys in General Can be done year-round as appropriate. Eastern Hellbender (Cryptobranchus alleganiensis alleganiensis) Species Survey only: May - October o Wetlands General Species - Please note that federal and state permits are necessary to conduct surveys for listed species Bat Surveying Mussel Surveying Fish Surveying Macroinvertebrate Surveying Reptiles Amphibians Eastern Hellbender (Cryptobranchus alleganiensis alleganiensis 19 Suitable Habitat Survey: Can be done year-round, base-flow allowing. o Bald Eagle Nest Location Survey 20 Best to survey when there are no leaves on the trees. They build nests in December, start nesting in January. No suggested or enforced dates. Birds in General (Qualitative Inventory) 21 Permanent resident birds can be surveyed year round. February through May (spring migration) July Kirtland's through Warbler December (Setophaga (fall migration) kirtlandii) Presence Survey 22 Between April 22nd and June 1st, and between August 15th and October 15th. Birds Kirtland's Warbler (Setophaga kirtlandii) Suitable Habitat Survey 22 Can be done year-round. Piping Plover (Charadrius melodus) Suitable Habitat Survey 23 Sensitive to human presence so survey for habitat only to avoid disturbing nesting birds. October - February surveys reccommended. Can be done year-round. Rufa Red Knot (Calidris canutus rufa) Presence Survey 24 March 15th to June 5th and July 15th to October 15th. Rufa Red Knot (Calidris canutus rufa) Suitable Habitat Survey 24 March 15th to June 5th and July 15th to October 15th. Karner Blue Butterfly (Lycaeides melissa samuelis) Presence Survey5 Species Surveys: Mid-May to Mid-June, and then July-August Mitchell s Satyr (Neonympha mitchellii mitchellii) Presence Survey 26 Species Surveys: Early July to Mid-July. (July 4th July 10th) American Burying Beetle (Nicrophorus americanus) Presence Survey 27 Species Surveys: May through August Plants in General (Qualitative Inventory) 28 April 15th October 15th Consideration should be given to flowering and fruiting times Pollinators/Insects Plants Northern Monkshood (Aconitum noveboracense) Presence Survey 29 June through September reccommended for positive identification using flowers. Can be done Mid-April to October for id based on vegetative characters Eastern Prairie Fringed Orchid (Platanthera leucophaea) Presence Survey 30 Lakeside Daisy (Tetraneuris herbacea) Presence Survey 31 Late April to Mid May Small Whorled Pogonia (Isotria medeoloides) Presence Survey 32 Mid-May to Mid-June

6 Construction is restricted during this timeframe Created by: Beth Hollinden and Grace Debbeler, OES Interns (April 2015) Percid Stream - Avoid In Water Work 1 March 15th-June 30th Arcola Creek (entire reach), Ashtabula River (to Hadlock Rd.), Ashtabula Harbor, Chagrin River (to I-90), Cold Creek (entire reach), Conneaut Creek (entire reach), Conneaut Harbor, Cowles Creek (entire reach), Euclid Creek (entire reach), Grand River (to dam at Harpersfield Covered Bridge Park just upstream of the S.R. 534 bridge)/fairport Harbor, Indian Creek (entire reach), Rocky River (to dam off Park Dr. just south of the I-90 bridge south of Rock River), Turkey Creek (entire reach), Vermillion River (to dam at Wakeman upstream of the S.R. 20/60 bridge), Wheeler Creek (entire reach), Whitman Creek (entire reach). Salmoid Stream- Avoid In Water Work 1 September 15th-June 30th Cuyahoga River (to dam below the S.R. bridge east of Brecksville (Chippewa Rd.)), Great Miami River (to dam south of New Baltimore), Hocking River (lower section), Little Miami River (lower section), Maumee River (to split dam at Mary Jane Thurston State Park and Providence Park in Grand Rapids), Maumee Bay, Muskingum River (to Devola Dam No. 2 off S.R. 60 north of Marietta), Ohio River (entire reach), Portage River (entire reach), Sandusky River (to Ballville Dam off River Road in Fremont), Sandusky Bay, Scioto River (lower section), Toussaint River (entire reach). Other Streams- Avoid In Water Work 1 April 15th-June 30th Class 3 Primary Headwater Streams (watershed 1 sq. mi.), Exceptional Watmwater Habitat streams, Coldwater Habitat Streams, Warmwater Habitat streams (watershed > 20 sq. mi.) or streams with Threatened and Endangered species, and Lake Erie and Bays. Special conditions (such as the occurrence of threatened or endangered species) may mandate local variation of restrictions. Streams with No In-Stream Restrictions- Avoid In Water Work 1 The following stream types do not require any in-stream restrictions: Warmwater Habitat streams (watershed < 20 sq. mi.) without threatened and endangered species, Class 1 and Class 2 Primary Headwater Streams (watershed 1 sq. mi.), Modified Warmwater Habitat, and Limited Warmwater Habitat. State or National Wild, Scenic, or Recreational Rivers- Avoid In- Water Work (Typical Dates) 2 November - July These rivers include Ashtabula River, Chagrin River, Big Darby Creek, Little Darby Creek, Kokosing River, Little Miami River, Mohican River, Olentangy River, Sandusky River, Upper Cuyahoga River, Conneaut Creek, Grand River, Little Beaver Creek, Maumee River, and Greenville Creek/Stillwater River. Kirtland's Warbler Woody Vegetation Removal Restriction 3 No trees/woody vegetation within 3 miles of Lake Erie can be cleared between April 22 and June 1, or between August 15 and October 15, due to Kirtland Warbler Migration. Construction Near a Bald Eagle Nest Construction activities planned to occur within 660 feet of a nest need to be completed outside of the nesting season (August-Mid January). Constuction in close proximity to a nest during the nesting season will require a take permit from the USFWS. January February Potential Construction Constraint Timeframes March April May June In Stream Work Restriction Kirtland's Warbler Woody Vegetation Removal Restriction Construction Near a Bald Eagle Nest July August September October November December Clearing of Indiana Bat Potential Roost Trees 4 April 1 - September 30 Clearing of Indiana Bat Roost Trees in Proximity to Hibernacula 4 To avoid direct take of bats when they're foraging near a hibernaculum, the clearing of potential roost trees and any trees in riparian areas (except those directly adjacent to existing roadways or bridges) is restricted between March 15 - November 15 within 5 miles of a hibernaculum, and between April 1 - September 30 within 10 miles of a hibernaculum. Blasting or Other Loud Road Work 4 Blasting or other loud road work that will cause vibrations located within 0.5 miles of a hibernaculum is restricted between September 15 - April 15. Clearing of Northern Long Eared Bat Roost Trees April 1 - September 30 Mussel Survey and Relocation 5 May 1 - October 1 Mussel Surveys 1) Memorandum of Agreement Between State of Ohio, Department of Transportation, Federal Highway Administration, State of Ohio, Department of Natural Resources, and United States Fish and Wildlife Service (2011, January 12). Retrieved April 29, 2015, from 2) ODNR's Map of Scenic Rivers in Ohio. (n.d.). Retrieved April 29, 2015 from 3) Kirtland's Warbler Breeding Range Conservation Plan. Retrieved April 13, 2015, 4) Biological Opinion on the Ohio Department of Transportation's Statewide Transportation Program for Federally-listed Endangered Indiana bat (Myotis sodalis) (2007, January 26) Retrieved April 29, 2015 from

7 Regulatory Exhaustion Regulatory exhaustion can lead to limited energy for innovation and the desire to take the next step

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10 However No Other Entities have within their authorities the tremendous capacity to impact (positively or negatively) the human and natural environment

11 But How? Be prepared Seek out opportunities to say yes Share the story

12 We already do it all the time

13 Streamlining with Predictability and Better Outcomes New Ecological Coordination MOA allows for same day review/approval of Ecological Survey Reports In the first three months of use, it has reduced additional Agency coordination by 60% New Bat Agreement minimized field work, increased thresholds, increased conservation for bats, and allows for near same-day coordination

14 What s the alternative

15 Discussion How do we achieve compliance, deliver the program, and enhance the human and natural environment? What tools do we need? How do we tell that story to our customers?

16 Matt Perlik, M.S. Assistant Environmental Administrator Ohio Department of Transportation Office of Environmental Services 1980 West Broad Street, Mail Stop 4170 Columbus, OH