Geo-Environmental Section Environmental Permits General Inspectors Certification Training

Presentation plan Geo- Environmental Section overview 1 Environmental permits 2 Key environmental contacts 3

Geo-Environmental Section 4 Units Natural Resources Environmental Planning Engineering and Asset Management Program Support

One of our responsibilities Coordinate environmental regulatory compliance for all transportation programs in the state ~ 160 Federal environmental laws ~ ?? State and local environmental laws

Permit requirements Permit Application Permit Terms & Conditions Contract Special Provisions Mitigation & Monitoring Advertise/Bid/Let Pre-construction Meeting Construction

Environmental permits Biology –Fish –Birds –Invertebrates –Plants Erosion control Wetlands and waterways Stormwater

Biology compliance in general 3 primary laws Endangered Species Act (ESA) [State and Federal] Migratory Bird Treaty Act (MBTA) [Federal] Fish Passage Law [State]

Endangered Species Act It is illegal to “take” ESA species Take = harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect

NMFS: Chum salmon Coho salmon Steelhead Sockeye salmon Chinook salmon USFWS: Bull trout Lahontan cutthroat trout Chub (spp.) Sucker (spp.) Bosket spring speckled dace ESA fish Anadromous salt fresh freshwater

Fish & in-water work period To minimize environmental impacts, work during low flow

Fish & silt containment

breach fixed silt fence

Fish & work area isolation

Pumping and fish screening

Fish & over-water containment

Fish & pile driving Problem: Noise amplification in water One Solution: Bubble curtain

Fish & pollution control

Fish & ESA non-compliance Stranded

ESA fish incidents Report to the REC: Sick, injured, or dead state or federally protected fish Activities causing injury or death of state or federally protected fish Permit violations REC = Regional Environmental Coordinator

ESA wildlife Mammals excluding whales Gray wolfCanada lynx Gray foxWolverine Kit fox Washington ground squirrel Columbian white-tailed deer (lower Columbia River) Sea Otter Steller sea lion USFWS NMFS

ESA wildlife Birds Short-tailed albatross Brown pelican Aleutian Canada goose Bald eagle Peregrine falcon Western snowy plover California least tern Marbled murrelet Northern spotted owl

ESA wildlife incidents Report to the REC: Sick, injured, or dead ESA mammals or birds Activities causing harassment, injury or death of ESA mammals or birds Permit violations

ESA wildlife permit violations Examples: Habitat loss (unpermitted) Nest destruction Noise levels Daily/seasonal time of activities Location of activities

Migratory Bird Treaty Act It is illegal to “take” MBTA species Take = harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, collect It is legal to disturb/remove habitat There is no incidental take permit X Incidental = unpredictable

MBTA violations OK no birds - OK

MBTA birds Every Oregon species except –European starling –House sparrow –Rock dove (feral pigeon) –Mute swan –Farm birds –Captive-reared game birds –Captive-reared waterfowl

MBTA Highway Directive Avoid clearing live or dead vegetation containing active nests of migratory birds. Avoid felling trees or snags containing active nests of migratory birds. Avoid destroying active nests or injuring birds protected during bridge demolition or repair.

MBTA Highway Directive Avoid clearing live or dead vegetation containing active nests of migratory birds. Female robin and four chicks winter

MBTA Highway Directive Avoid destroying active nests or injuring birds protected during bridge demolition or repair. Bridge net

MBTA incidents Report to the REC: Sick, injured, or dead migratory birds of any age (including eggs) Activities causing injury or death of migratory birds Disturbance of active nests (i.e., containing eggs)

Fish Passage State Statute ORS & OAR

Fish Passage State Statute Owners & operators of culverts must address fish passage when “trigger events” occur “Trigger events” include –Major replacement –Installation –Activities that extend the life of culverts (e.g., new floors, aprons, wing walls, slip lining) –Abandonment of artificial obstruction

Fish Passage State Statute For any trigger event, the owner must comply with state fish passage criteria Options: –Comply –Seek waiver (with FP mitigation) –Seek an exemption (no net benefit to native migratory fish species)

Fish passage problems?

What problem?

Fish passage incidents Report to the REC: Obvious fish passage problems -perched culvert outlets -smooth bottom culverts with -high water velocity -shallow sheet flow during low water periods

Erosion & sediment control Goals Prevent soil erosion Prevent sediment from moving off site

Erosion & sediment control requirements The National Pollutant Discharge Elimination System (NPDES) –2 major types of Permits 1200-C: Construction (contractor) 1200-CA: Construction (public) agency Water quality –related requirements of other laws, permits, agencies, & agreements

Project inspection objectives EC contract documents are adequate & comply with Section 280 of standard specs Contractor fulfills NPDES Permit and contract requirements Continuously monitor project sites and fix problems quickly Work with contractor to ensure that potential for polluting waterways is kept to an absolute minimum

Wetland and waterway permits 3 Primary regulated features –Wetlands –Streams and Rivers –Ditches

Wetlands and waterways River or Stream OHW* Ditches Wetland

No Work Zones (NWZ) Wetland NWZ River or Stream Ditches Special provisions No equipment No driving No disturbance Prevent sediment discharge into NWZ

Waterways – Check list Know where these 3 waterway features occur at project site (if at all) Carefully review contract plans and special provisions for wetland and waterways issues No Work Zones should be clearly identified/marked in the field Any question about these issues— contact the REC

Stormwater Management Non-point pollution Surface water quality

Stormwater Management Check dam to trap sanding material

Stormwater Management Water quality swale

Stormwater Management Outfall protection onto a vegetated slope

Stormwater Management Wet detention pond

Stormwater Management Absorbent material following a chemical spill

ID the Environmental Problem Wetland

ID the Environmental Problem Bridge demolition

ID the Environmental Problem Forested wetland Constructed ditch

ID the Environmental Problem

Permits ‘take home’ Inspectors should review permits and special provisions with the REC before the pre-con with the Contractor –The REC can explain the terms and conditions in the permits and the Biological Opinions –These terms and conditions are mostly in the Special Provisions and are part of the contract All of the permits (BiOps too) must be kept on-site –Usually in the Contractor's work trailer and in Inspectors project file

RECs: your primary environmental contacts Region 1 –Mary Young –Melissa Hogan Region 2 –Austin Bloom –Adam Roberts –Donna Hinze Region 3 –Sam Dunnavant –Jerry Vogt Region 4 –Teresa Brasfield –Gary Larson Region 5 –Caroline Barnes –Richard Jerofke –Paul Kennington –Howard Postovit Geo-Environmental –Greg Holtoff (program coordinator)

Environmental Permits Question s?