Transcript Ecological - Ohio Department of Transportation

Ecological
Wetlands
Streams and Rivers
Other Surface Waters
Terrestrial Habitat
Threatened and Endangered Species
Agency Coordination
Categorical Exclusion Training Class
Ecological Process
Project Initiation Package
Field Review
Present/Impacted
Ecological
Survey Report
ODOT Review
Agency
Coordination
Not present
NEPA
Document
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Overview
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Project Initiation Package (PIP)
Ecological Survey Reports
 Level 1 - Projects that meet the MOA
 Minor Impacts (NWP)
 Projects that involve stream crossings, bank
stabilization, and/or minor wetland fills
 Level 2 – Projects with multiple alternatives
 Requires an Individual 404/401 permit and/or
a Level 3 Isolated Wetland Permit
 Level 3 - Projects with multiple corridors
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Overview
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Agency Coordination
 Level 1 ESR
 ODNR
 USFWS
 Level 2 & 3 ESRs
 ODNR
 USFWS
 USACE
 OEPA
 EA/EIS
 USEPA
Special coordination may occur with NPS, ODNR Scenic
Rivers, and other agencies for any level of project
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C1 and C2 - ENVIRONET
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For C1, the Ecologically Exempt Form may be
uploaded to Project File for purpose of due diligence
For C2, three possible scenarios:
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Wetlands
Types
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Adjacent or Abutting Wetlands (Non-Isolated)
 Hydrologic Connection
 OEPA Category (1, 2 or 3)
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Isolated Wetlands
 No Hydrologic Connection
 Regulated by OEPA
 OEPA Category (1, 2 or 3)
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Ecological Tab – ENVIRONET
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Displays for D-listed CEs; answer all dropdowns
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If wetlands impacted, a table is generated
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Remarks
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Identify who completed literature and field reviews
 Include date of when each was completed
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Identify each wetland by name or ID
 If impacted, list accordingly in the table
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Discuss functions and values of each wetland
including ORAM scores
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List the work that is occurring in each wetland and
associated impacts
 List commitments in Agency Coordination section
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Reference Wetland Finding IOC
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Example
A Level 2 Ecological Survey Report dated December 10, 2015, was prepared based on field
investigations conducted by Mannik and Smith biologists on August 15-16, 2015.
The proposed project will substantially rehabilitate existing bridges that carry IR 70 over the
Stillwater River. The proposed rehabilitation will include widening of in-stream piers. A temporary
causeway and coffer dams/cribs/sheeting will be required to allow for construction access, including
pier reconstruction.
Six emergent wetlands were identified on gravel bars within the stream and below the ordinary high
water mark (OHWM). The gravel bars will be impacted in whole or in part by the temporary
causeway and widened piers. The installation and removal of the causeway is anticipated to
eliminate the six wetlands. However, it is anticipated that wetland areas will redevelop as
sediments are re-deposited following completion of the proposed project.
The following avoidance methods were considered:
• Eliminating main line improvements (the "No Build" alternative) will not meet identified needs of
the project to maintain adequate pavement condition, address the high crash rate, or provide
adequate maintenance-of-traffic. The No Build was dismissed from consideration as it does not
meet the purpose and need of the proposed project
• Rehabilitation the bridges without a temporary causeway would require full closure of each
bridge during construction. Maintaining at least two lanes of traffic along IR 70 is considered vital
to national security. Therefore, rehabilitation as an avoidance measure is not prudent. Any
necessary wetland mitigation will be addressed as part of the waterway permit process.
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Wetland Finding
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Must include:
 Do Nothing (No Build)
 Improvements that will not result in impacts
 Measures to minimize and mitigate impacts
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Wetland Finding
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Do Nothing Alternative
 One or more must be documented:
 Would not correct existing or projected
capacity deficiencies
 Would not correct safety hazards
 Would not correct existing deteriorated
conditions and maintenance problems
 Would result in serious impacts to public
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Addressed in Purpose & Need
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Wetland Finding
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Improvements that will not result in impacts are not
practicable because such avoidance would:
 Substantial adverse community impacts
 Substantially increases project cost
 Unique engineering, traffic, maintenance, or
safety issues
 Substantial adverse social, economic, or
environmental impacts
 Would not meet identified needs
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Wetland Finding
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Discuss ways wetland impacts can be avoided
 Retaining walls
 Alignment shifts
 Narrowed roadway
 Design exceptions
 New IOC form to simplify discussion
 Fill out form and save it to the project file.
 Reference the form it in the Wetland Remarks Section
 Remember to add details supporting the reasons
checked.
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Wetland Finding IOC
This section is
discussed in the
Purpose and Need
Make sure to add
discussion supporting
the reasons that are
checked!
Cite form in the
Remarks section!
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Streams
&
Rivers
Types
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National Scenic Rivers
 National Park Service (NPS)
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State Wild, Scenic or Recreational Rivers
 Ohio Department Natural Resources (ODNR)
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Navigable Rivers
 U.S. Coast Guard (USCG) Section 9
(Commercial)
 U.S. Army Corps of Engineers (USACE) Section
10 (Commercial & Recreational)
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Ecological Tab - ENVIRONET
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Displays for D-listed CEs; answer all dropdowns
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If “Yes” for impacted, a table is generated
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Ecological Tab - ENVIRONET
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In the table:
 List name
 List “use designation”
 If no designation - list the QHEI or HHEI score
 QHEI
 Streams larger than 1 square mile drainage
 HHEI
 Streams smaller than 1 square mile
 Refresh Sums button calculates total impacts
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Remarks
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Identify who completed literature and field reviews
 Include date of when each was completed
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Identify each waterway by name/identification
 If impacted, list in the table
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Discuss features, function, and values
For National Scenic Rivers identify and discuss the
NPS Outstanding Remarkable Values
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Remarks
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List type of activity occurring in each waterway
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If waterways present, but no in-water work, state
measures to be used to prevent potential secondary
impacts
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Discuss measures to avoid, minimize, or mitigate
 List commitments in Agency Coordination section
List amount of impacts to each resource
For projects with multiple waterways provide
information in matrix format
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Example
The ecological survey was conducted by Mannik and Smith biologists on August 15-16, 2011.
A Level 2 ESR was submitted to ODOT on December 10, 2011.
The proposed project will substantially rehabilitate the existing I-70 bridges over the Stillwater
River. In order to accommodate the widened bridge deck, the proposed rehabilitation will
include widening of the in-stream piers.
A temporary causeway and coffer
dams/cribs/sheeting will be required to allow for construction access, including pier
reconstruction. Any necessary stream mitigation will be addressed as part of the waterway
permit process.
The Stillwater River is a State-designated scenic river. ODOT, ODNR Scenic Rivers and the
design team conducted a field review on 03-21-2011. As the project can not avoid in-stream
work (both temporary and permanent), ODOT acknowledges that some form of mitigation for
involvement with the Stillwater is appropriate. Various options were discussed, including tree
plantings or honeysuckle removal within Englewood's Grossnickle Park or reconstruction of
the Englewood Reserve Bikeway to provide a more natural feature than the current gabion
wall. The project team will continue to work with ODNR Scenic Rivers to identify an
acceptable mitigation. BMPs as outlined in the most recent version of the ODOT CMS and
SS 832 will be followed to minimize siltation impacts during construction.
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Other
Surface Waters
Types
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Reservoirs
Lakes
Farm Ponds
Detention Basins
Storm Water Management
Jurisdictional Ditches
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Ecological Tab - ENVIRONET
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Displays for D-listed CEs; answer all dropdowns
 A table is not generated if “Yes” for impacted
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Remarks
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Identify who (firm/agency) completed literature and
field reviews and when they were completed
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Identify each surface water by name or identification
number
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Discuss features, function, and values
Discuss impacts to each surface water
Discuss measures to avoid, minimize, and mitigate
 List commitments in Agency Coordination section
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Terrestrial
Habitat
Types
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Mowed/disturbed habitat (roadside, lawns, etc.)
Agricultural (row-cropped and pasture)
Old-field/scrub-shrub
Forested (riparian/upland)
Remnant Prairie
Unique or High Quality
 Mature Climax Forest
 Remnant Prairies
 Any area with a prevalence of rare species
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Ecological Tab - ENVIRONET
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Displays for D-listed CEs; answer all dropdowns
 If habitat present, checklist generated (no table)
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Remarks
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Identify who completed literature and field reviews
and when they were completed
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Briefly discuss type of habitat identified
List impacts
Discuss avoidance, minimization, and/or mitigation
 List commitments in Agency Coordination section
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Example
The project area consisted mostly of developed land (including developed open space,
developed low intensity, medium intensity and high intensity), which included the maintained
road right-of-way and adjacent less maintained areas just outside of the right-of-way. These
areas were dominated by common upland herbaceous species and young trees and shrubs.
Approximately 124 acres of developed areas will be impacted.
A small amount of floodplain forest is present within the project area. This area is dominated
by typical riparian trees and shrubs. This narrow strip of riparian woodland is located along
the Stillwater River. Approximately 2.5 acres of floodplain forest will be impacted.
As discussed in the wetland section of the CE, a small amount of emergent riverine (gravel
bar wetlands) will be impacted by the bridge work associated with the Stillwater River. These
wetlands were dominated by water willow (Justisica americana). Approximately 0.098 acre of
wetlands will be impacted by this project.
No unique or high quality terrestrial habitats were found within the project area. All of the
habitats are common adjacent to the project area, and throughout Ohio. This project will not
cause significant local declines in these common habitats or the plant and animal species
found in these areas.
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Threatened
&
Endangered Species
Ecological Tab - ENVIRONET
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Displays for D-listed CEs; answer all drop-downs
Always “YES”
Indiana Bat
Categorical Exclusion Training Class
Snuffbox Mussel
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Remarks
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Federally Listed Species
 Identify all listed species and status known from the
county or counties where the project occurs
 Suitable habitat presence and potential impacts to
such habitat
 List critical habitat presence and impacts (if
applicable)
American Burying Beetle
Kirtland Warbler
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Remarks
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State Listed Species
 Identify all listed species/status that are known
within a mile of the project
 Discuss impacts to species and suitable habitat
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For state and federal species, discuss efforts to
avoid, minimize, and mitigate impacts
 List commitments in a table that can be generated
in the Agency Coordination section
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Example
The proposed project is located within the known habitat
ranges of the Indiana bat, rayed bean mussel and snuffbox
mussel (all federally-listed species of concern), the eastern
massasauga rattlesnake (federally-listed candidate species)
and the bald eagle (federally-listed species of concern).
Review of the ODNR Biodiversity Database identified one
records of the snuffbox mussel in the Stillwater River,
approximately 1/4-mile north of the project. A mussel survey
undertaken for the project in August 2011 identified the elktoe
mussel, creek heelsplitter, kidneyshell, and wavy-rayed lamp
mussel (all State-listed species of concern).
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Example
The ODOT-OES Ecological Staff made the following effect determinations for federally-listed species:
Indiana bat and Northern Long-eared Bat: Based on the Level 2 ESR, three acres of SWH will be
impacted by this project, of which 2.5 acres is located outside 100 feet from the roadway. Two PMRTs
were located outside of 100 feet of the roadway, and will be taken by this project. As noted in the 2016
Programmatic BO, this project meets CC-3, and “may affect and is likely to adversely affect" these
species. Tree removal will only occur between October 1 and March 31 in order to protect this species. In
order to mitigate for the unavoidable take of SWH outside 100 feet of the roadway, 8.75 acres (2.5 acres
at 3.5:1 ratio) was subtracted from the SCCC2 pooled bat mitigation area.
Snuffbox and Rayed Bean mussels: The snuffbox was historically known from this project area, and the
rayed bean is known from the Stillwater River in Montgomery County. Suitable habitats for these species
are found in the Stillwater River; however, no evidence of the rayed bean or snuffbox were found during
the August 27 and 28th, 2014 Group 2 mussel survey conducted by Dr. Michael Hoggarth (federally
permitted malacologist). The project "may affect but is not likely to adversely affect" these species. As
common and state listed mussels were noted during the mussel survey, a mussel relocation will be
conducted by a federally permitted malacologist prior to construction.
Eastern massasauga: The project area consists primarily of mowed right-of-way. The wetlands located in
the project area are below the OHWM of the stream and do not offer habitat for this species. No wetlands
located adjacent to the project area offer habitat for this species. The project will have no effect on this
species.
Bald eagle: The nearest bald eagle nesting activity is over 7 miles from the project. As no nesting activity
has been noted within 0.5-mile of the project area, this project will have no effect on this species.
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Example
The ODOT-OES Ecological Staff made the following effect determinations for
state listed species:
A record for the snuffbox was found within the proposed project area, however,
this species was not found during the 2015 mussel survey. Habitat for this
species was found to be present within the proposed project area. The
proposed project is not likely to impact this species.
The elktoe mussel (Alasmidonta marginata, SC), creek heelsplitter (Lasmigona
compressa, SC), kidneyshell (Ptycobranchus fasciolaris, SC), and wavy-rayed
lamp mussel (Lampsilis fasciola, SC) were found within the proposed project
area during the August 2015 mussel survey. All mussels will be relocated by a
federally permitted malacologist following all methods and time-frames listed in
the most recent version of the OMSP. As these species will be moved out of
the impact zone of the project, this project is not likely to impact these species.
The results of the relocation will be coordinated with ODNR and USFWS. No
in-stream work will be conducted until the survey is completed, and the results
have been reviewed and approved by ODNR and USFWS.
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Agency
Coordination
Coordinating Agencies
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Coordination efforts may potentially include:
 ODNR
 USFWS
 USACE
 OEPA
 ODNR-Scenic Rivers
 NPS-Scenic Rivers
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Ecological Tab – ENVIRONET
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Displays for D-listed CEs; answer drop-downs
Insert date comments were received
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Remarks
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List when coordination was submitted to agencies
Discuss agency comments
Discuss coordination between agencies and ODOT
on any dispute resolution
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Example
On January 10, 2016, a Level 2 Ecological Survey Report (ESR) report was submitted to the USFWS,
ODNR, OEPA, and USACE. In response to the project notification, the USACE conducted a joint field
review with ODOT-OES Ecological Staff on April 8, 2016. The USACE noted that in-stream vegetated
sand/gravel bars should be delineated as wetlands. No other comments or objections to the proposed
project have been received. A jurisdictional determination (JD) has been requested from the USACE. No
determination has been received to date.
On January 24, 2016, in response to the project notification, the OEPA did not object, however, they did
indicated that an individual 401 Water Quality Certification (WQC) may be required and that an official
decision regarding the 401 WQC could not be provided until the JD and regulatory documentation are
received.
On January 21, 2016, the USFWS concurred with the effect determinations for the Indiana bat, northern
long-eared bat, rayed bean mussel, and snuffbox mussel. The USFWS did not object to the "no effect"
determinations for the eastern massasauga and bald eagle. However, the USFWS issued a Programmatic
Biological Opinion (BO) for the Indiana bat, and concluded the proposed project is likely to adversely
affect the Indiana bat, but not likely to jeopardize the species. The incidental take for this project is
estimated at 2.50 acres and has been added to the cumulative total of incidental take for ODOT's
Statewide Transportation Program. Tree removal will only occur between October 1 and March 31. A
total of 8.75 acres of credit has been subtracted from the SCCC2 pooled bat mitigation site to mitigate for
unavoidable impacts to SWH outside 100 feet from the roadway.
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Example
Based on correspondence with ODNR, ODOT provided details regarding the mussel survey undertaken in
August 2015 and informed ODNR that a mussel relocation will be undertaken within six months prior to
the start of construction activities. On February 16, 2016, ODNR Division of Wildlife requested in-stream
restriction dates, as these dates are less restrictive than those requested by ODNR Scenic Rivers, they
will not be utilized. As requested by ODNR Division of Wildlife, the mussel survey and relocation reports
will be provided to ODNR when available.
The ODNR Scenic Rivers provided specific recommendations for protection of the scenic Stillwater River.
These recommendations will be incorporated into the project design or addressed through plan notes, as
appropriate (see environmental commitments). As noted under "Streams & Rivers" above, ODOT is
currently working with ODNR Scenic Rivers to identify appropriate mitigation measures for the necessary
in stream work within the scenic Stillwater River.
The ODNR Division of Soil & Water (DSW) inquired if there would be impacts to other streams within the
corridor. Other than the bridges carrying IR 70 over the Stillwater River, the proposed project will not
include in-stream work at any bridge or culvert location within the corridor. Furthermore, ODNR-DSW
noted the presence of a possible shallow marsh within the Stillwater River. As noted below, ODOT has
requested a JD from USACE. The ODNR-DSW requested that ODOT mitigate for loss of habitat through
native plantings within the interchange and median. As ODOT has previously informed ODNR,
preservation of line of sight through regular mowing generally precludes the successful use of native
plantings.
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Environmental Commitments
o
May include, but not limited to:
 In-stream work restrictions
 Species surveys and/or relocations
 Cutting dates/avoiding terrestrial areas at certain times of year
 Adhering to fill limits allowed by permit (perm. and temp.)
 Monitoring of adjacent areas post-impact
o
Can be implemented by:
 Plan notes
 Design changes resulting in changes to plans
 Special Provisions
 Utilizing OES staff, consultants, or contractors (depending on
activity) to conduct commitment work prior to construction
 Conducting mitigation/conservation measures in some fashion
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Environmental Commitments
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New/updated agreements for 2016
 2016 Ecological Memorandum of Agreement
between ODOT, USFWS and ODNR
 2016 Programmatic Biological Opinion for Indiana
bat and northern-long eared bat
Both have pre-agreed BMPs and environmental
commitments built in
 Review BMPs/commitments in the agreements for
each project
 Add applicable BMPs as environmental
commitments
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Project File
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Documentation can include:
 Coordination with Agencies
 Agency Comments
 Response to agency comments
 Project Related Correspondence (OES Decision)
 Jurisdictional Determination (JD)
 Ecological Surveys
 Mussel Surveys
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Follow NEPA Assignment File Management and
Documentation Guidance
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Contact Information
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Mike Pettegrew – Ecological Program Manager
 614-466-7102; [email protected]
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Megan Michael – Environmental Specialist
 614-644-7099; [email protected]
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Matt Raymond – Environmental Specialist
 614-466-5129; [email protected]
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Chris Staron – Environmental Specialist
 614-466-5112; [email protected]
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