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Environmental Streamlining

National Environmental Streamlining Initiatives

Report-out from the
Fish and Wildlife Service/National Oceanic and Atmospheric Administration
Fisheries Environmental Streamlining and Stewardship Workshop

San Diego, California
May 6-8, 2003

Prepared by:
U.S. Department of Transportation
Research and Special Programs Administration
Volpe National Transportation Systems Center
Cambridge, Massachusetts

Prepared for:
U.S. Department of Transportation
Federal Highway Administration

TABLE OF CONTENTS


Executive Summary

From May 6 to 8, 2003, the Federal Highway Administration (FHWA) sponsored the Fish and Wildlife Service (FWS)/National Oceanic and Atmospheric Administration (NOAA) Fisheries Environmental Streamlining and Stewardship Workshop in San Diego, California. Approximately 100 people participated in the workshop, which stems from the first Interagency Environmental Streamlining Workshop held in St. Louis, Missouri in November 2000. FWS and NOAA Fisheries staff represented all respective regions and included FWS regional transportation coordinators. FHWA Headquarters staff, specialists from FHWA Division Offices and Resource Centers, and State Departments of Transportation (DOTs) representatives were also in attendance to address specific streamlining approaches.

The purpose of this workshop was to identify and build on successful streamlining practices that support the missions of FWS, NOAA Fisheries, and FHWA, and to assess the challenges that limit these agencies' ability to define mutually acceptable solutions for recurring and emerging issues. At the workshop, leadership from FHWA, FWS, and NOAA Fisheries established a common understanding of one another's perspective on environmental stewardship and an assessment of current environment streamlining progress. Presentations by Fred Skaer (FHWA), Dr. Benjamin Tuggle (FWS), Phil Williams (NOAA Fisheries), and Gary Winters (California DOT (Caltrans)) provided their agency's perspective of environmental streamlining and stewardship and identified existing opportunities to build stronger relationships between FHWA and State DOTs and FWS and NOAA Fisheries.

Establishing the Context

Section 1309 of the Transportation Equity Act for the 21st Century (TEA-21) established environmental streamlining as a major focus for FHWA. As a result of TEA-21, multiple agencies developed an interagency broad-based agenda to advance environmental streamlining. Since 1999, the Interagency Streamlining Group identified numerous opportunities to enhance and protect the environment while reducing delays in the delivery of surface transportation projects. At the first Interagency Environmental Streamlining Workshop in November 2000, agency leadership agreed to convene similar workshops to address issues specific to each agency and FHWA. The first meeting, held in September 2001 in Colorado Springs, Colorado brought FHWA together with the US Army Corps of Engineers TEA-21 Coordinators to address transportation and resource issues to improve the environmental review process. In December 2002, FHWA and the Environmental Protection Agency met in Phoenix, Arizona, to address similar issues. The FWS/NOAA Fisheries Workshop was also designed to address issues specific to each agency and FHWA.

FHWA has been a leader in promoting environmental stewardship while advancing environmental streamlining goals. In 2002, FHWA raised the visibility of environmental streamlining for its agency by adopting Environmental Stewardship and Streamlining as one of its three Vital Few Goals (VFGs). This VFG sets expectations, measures, and methods for advancing an improved and efficient environmental review process and for demonstrating environmental stewardship. These performance expectations focus on improving the quality and timeliness of the environmental review process and on clearly demonstrating environmental stewardship accomplishments.

On September 18, 2002, President Bush signed Executive Order (EO) 13274, Environmental Stewardship and Transportation Infrastructure Project Review. This EO further heightened the visibility of Environmental Stewardship and Streamlining by bringing it to the forefront of transportation and environmental issues. US DOT is responsible for convening an interagency task force to explore environmental stewardship opportunities to improve environmental processes and oversee specific projects selected by the Secretary of Transportation. FWS and NOAA Fisheries are two of the agencies on the EO Task Force. As of the date of this report, Secretary Mineta has selected 13 projects for the priority list, 10 of which are highway projects. 4 of these 13 projects have completed environmental reviews. The EO Task Force continues to promote both interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal and local agency consultation, review, approval, and permitting of transportation infrastructure projects. Subsequently, field staff involved in the priority projects are actively and urgently working to resolve outstanding issues. In April 2003, the EO Task Force established three work groups to focus on priority issues: Purpose and Need, Indirect and Cumulative Impacts, and Integrated Planning Obstacles and Opportunities. On September 18, 2002, President Bush signed Executive Order (EO) 13274, Environmental Stewardship and Transportation Infrastructure Project Review. This EO further heightened the visibility of Environmental Stewardship and Streamlining by bringing it to the forefront of transportation and environmental issues. US DOT is responsible for convening an interagency task force to explore environmental stewardship opportunities to improve environmental processes and oversee specific projects selected by the Secretary of Transportation. FWS and NOAA Fisheries are two of the agencies on the EO Task Force. As of the date of this report, Secretary Mineta has selected 13 projects for the priority list, 10 of which are highway projects. 4 of these 13 projects have completed environmental reviews. The EO Task Force continues to promote both interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal and local agency consultation, review, approval, and permitting of transportation infrastructure projects. Subsequently, field staff involved in the priority projects are actively and urgently working to resolve outstanding issues. In April 2003, the EO Task Force established three work groups to focus on priority issues: Purpose and Need, Indirect and Cumulative Impacts, and Integrated Planning Obstacles and Opportunities.

Setting the Agenda

Prior to the workshop, FWS, NOAA Fisheries, and FHWA Headquarters staff collaboratively designed a questionnaire for field staff to identify issues and concerns about the environmental review process of surface transportation projects. Field staff submitted a large sample of responses. Based on these responses, FWS, NOAA Fisheries, and FHWA developed an agenda to meet the needs of their agencies.

Respondents to the questionnaire indicated a wide range of topics. The following topics shaped the workshop agenda:

Topic 1: Transportation Project Development Process
Topic 2: Consultation and Technical Review with FWS and NOAA Fisheries
Topic 3: Integration of the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) into the National Environmental Policy Act
Topic 4: Various Topics for Small Group Discussions
Topic 5: Indirect and Cumulative Impacts
Topic 6: Programmatic Consultations
Topic 7: Mitigation/Conservation Measures

Committing to Improve

Participants discussed examples of where their agencies have been improving their collaborative efforts. Throughout the workshop, participants worked together to define issues they face in advancing their own environmental stewardship and streamlining efforts and shared future tools and creative approaches to achieve further success in these areas.

FHWA identified the following next steps to advance interagency coordination through environmental stewardship and streamlining:

  • Build conservation practices into performance measures.
  • Continue to pursue a proactive approach with resource agencies.
  • Solicit input from the American Association of State Highway Transportation Officials on topics discussed during the workshop.
  • Increase understanding of a project's true cost, including mitigation costs.

State DOTs recommended that agencies use the following actions to further their role as environmental stewards:

  • Develop common guidance on programmatics stating what does and does not work.
  • Form a working group to develop a method to complete programmatic consultations during the transportation process.
  • Continue to improve relationships with resource agencies.
  • Continue to expand role as stewards of the environment.

FWS proposed the following actions to improve their stewardship and streamlining efforts:

  • Promote programmatic or geographic based environmental reviews to reduce duplication and promote consistency.
  • Develop conservation strategies or frameworks for FHWA to help in the determination of ecologically significant areas and facilitate the development of site-specific best practices.
  • Share information on sensitive issues and data needs from FHWA and State DOTs.
  • Identify metrics to characterize status of resources that may be affected by transportation projects. These metrics would be used to facilitate effects analysis and improve agencies' ability to track effects.
  • Reach consensus with FHWA on how to assess and mitigate indirect impacts; the existing policy of agreeing to disagree is not efficient.
  • Share State DOT stewardship initiatives with other states (technology transfer).
  • Apply workshop theme at regional level to continue progress in interagency coordination.

NOAA Fisheries set the following environmental streamlining and stewardship goals for their agency:

  • Continue making progress on programmatic consultations under ESA and EFH.
  • Reach consensus with FHWA on how to assess and mitigate indirect impacts; the existing policy of agreeing to disagree is not efficient.
  • Apply workshop theme at regional level to continue progress in interagency coordination.
  • Receive information on sensitive issues and data needs from FHWA and State DOTs.
  • Share best practices.

Documenting the Workshop

The purpose of this document is to capture the information shared at the workshop, identify related issues and challenges, and present potential recommendations and next steps. This report reflects the statements and experiences of individuals and may not represent official FHWA, FWS, or NOAA Fisheries policy. This document contains the following information:

  • Background information to set the context of the workshop.
  • Summary of each issue affecting working relationships between FHWA, FWS, and NOAA Fisheries.
  • Recommendations and concluding comments.
  • Workshop agenda.
  • The survey and survey responses
  • Additional FWS comments
  • Workshop participants.
  • Available workshop presentations.

Setting the Context

From May 6 to 8, 2003, the Federal Highway Administration (FHWA) sponsored the Fish and Wildlife Service (FWS)/National Oceanic and Atmospheric Administration (NOAA) Fisheries Environmental Streamlining and Stewardship Workshop in San Diego, California. Approximately 100 people participated in the workshop, which stems from the first Interagency Environmental Streamlining Workshop held in St. Louis, Missouri, in November 2000. The 53 FWS and 20 NOAA Fisheries participants came from Headquarters and from all of the FWS and NOAA Fisheries Field Regional Offices. The 18 FHWA, 1 Federal Transit Administration (FTA), and 5 State Departments of Transportation (DOTs) participants represented Headquarters and various areas of the country.

The purpose of this workshop was to identify and build on successful streamlining practices that support FWS, NOAA Fisheries, and FHWA missions and to assess the challenges that limit these agencies' abilities to define mutually acceptable solutions for recurring and emerging issues. The intent was to improve participant understanding of each agency's definition of stewardship and capability to deliver meaningful solutions and to develop strategies for coordinating agency activities.

The goals of the workshop support executive level initiatives such as the President's Executive Order (EO) 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews, and the FHWA's Vital Few Goals (VFGs), specifically the Environmental Stewardship and Streamlining Goal. EO 13274 emphasizes the importance of expediting transportation projects while being good stewards of the environment. As such, the EO complements and reinforces the strategic direction that FHWA established in its VFGs, which set expectations, measures, and methods for advancing an improved and efficient environmental review process and for demonstrating environmental stewardship.

FWS, NOAA Fisheries, FHWA Headquarters, and State DOT staff set the context for this workshop by establishing a common understanding of each agency's perspective on environmental stewardship and by assessing environmental streamlining progress to date. Presentations by Fred Skaer (FHWA), Benjamin Tuggle (FWS), Phil Williams (NOAA Fisheries), and Gary Winters (California DOT (Caltrans)) provided agency perspectives on environmental streamlining and stewardship and identified existing opportunities to improve relationships among FHWA, FWS, and NOAA Fisheries. With this context in place, participants used the remainder of the three-day workshop to discuss issues surrounding numerous topics, including programmatic consultations, transportation development and the national Environmental Policy Act (NEPA) processes, indirect and cumulative impacts, and other emerging issues.

Participants worked together to identify and explore the issues that influence working relationships. The purpose of this document is to capture the information shared and the specific recommendations and conclusions developed at the workshop. This report reflects the statements and experiences of individuals, not official FHWA, State DOT, FWS, or NOAA Fisheries policy. The "Environmental Streamlining and Stewardship" section of this document provides further explanation of FHWA's objectives and efforts. The "Issue-by-Issue" section provides a summary of issues that FWS, NOAA Fisheries, FHWA, and State DOTs identified as affecting their working relationships. This section also outlines the actions participants agreed to take to address the following seven issues:

Topic 1: Transportation Project Development Process

Topic 2: Consultation with FWS and NOAA Fisheries

Topic 3: Integration of the Endangered Species Act (ESA) and Essential Fish Habitat (EFH) into NEPA

Topic 4: Various Topics for Small Group Discussions

Topic 5: Indirect and Cumulative Impacts

Topic 6: Programmatic Consultations

Topic 7: Mitigation/Conservation Measures

The appendices include the following:

  • Workshop Agenda
  • Survey
  • Survey Responses
  • Additional FWS Comments
  • Workshop Participants
  • Workshop Presentations
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Environmental Streamlining and Stewardship

Environmental streamlining and stewardship served as the central theme throughout the workshop. The workshop began with a review of the objectives of environmental streamlining and stewardship, which established a common foundation for workshop discussions.

Environmental streamlining and stewardship are key components of both EO 13274 and Section 1309 of the Transportation Equity Act for the 21st Century (TEA-21). Both require that transportation and environmental review processes become more effective and efficient through interagency partnerships and communication. Specifically, EO 13274 directs Federal agencies to work together to promote environmental stewardship and process efficiencies by identifying priority projects for oversight and expedited review.

Under EO 13274, US DOT requests priority project nominations from Governors, metropolitan planning organizations (MPOs), transit and airport authorities, and State DOTs. Projects chosen for expedited review must demonstrate regional or national importance and contain stewardship elements and innovative approaches. As of the date of this report, 13 priority projects, representing a diversity of project types, have been chosen, 10 of which are highway projects. 4 of these 13 projects have completed environmental reviews. The EO Interagency Task Force, created by the EO, continues to promote both interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal and local agency consultation, review, approval, and permitting of transportation infrastructure projects.

EO 13274 Priority Projects
December 2003

  • Stillwater Bridge - Minnesota and Wisconsin
  • Interstate 93 Improvements - New Hampshire
  • Philadelphia International Airport Improvements - Philadelphia, Pennsylvania
  • Interstate 69 (I-69) Corridor - Texas
  • Lower Manhattan Recovery Effort - New York
  • Interstate Highway 66 - Kentucky
  • US 93 Corridor - Montana
  • Los Angeles International Airport - California
  • InterCounty Connector - Maryland

Priority Project Transition List
(Completed Environmental Review)

  • Interstate 80- Nebraska
  • Chittenden Circumferential Highway- Vermont
  • Ohio River Bridges- Kentucky and Indiana
  • Community and Environmental Transportation Acceptability Process- Riverside County, California

EO 13274 also calls for the Interagency Task Force to review priority projects and provide the president with an annual report. This report:

  • Details the procedures and actions used to promote the chosen expedited reviews.
  • Describes the results of each project.
  • Describes any requirements that have hindered the environmental review process.
  • Offers recommendations for future project development.

Section 1309 emphasizes interagency cooperation through full and early agency participation, negotiated timeframes, dispute resolution, improved decision making, and expedited reviews. These streamlining objectives can be achieved through mechanisms that coordinate agency efforts. Programmatic agreements, State and local initiatives, flexible and creative mitigation, and environmental streamlining research are implementation tools that, when used effectively, will lead to improved stewardship and streamlining.

Section 1309 emphasizes interagency cooperation through full and early agency participation, negotiated timeframes, dispute resolution, improved decision making, and expedited reviews. These streamlining objectives can be achieved through mechanisms that coordinate agency efforts. Programmatic agreements, State and local initiatives, flexible and creative mitigation, and environmental streamlining research are implementation tools that, when used effectively, will lead to improved stewardship and streamlining.

Building from EO 13274 and Section 1309, FHWA recognizes environmental streamlining and stewardship in its VFGs, which shape the agency's strategic direction. Using an iterative process, FHWA Division Offices, Resource Centers, and Headquarters developed the Environment VFG, along with the VFGs addressing congestion and safety. FHWA designed the VFGs to advance process improvements while acknowledging that a "one-size fits all" approach may not be the solution.

FHWA designed the Environment VFG to help achieve the following outcomes:

  • Improved quality of environmental processes. FHWA uses integrated approaches, such as business market improvements and context-sensitive solutions (CSS), to improve the quality of multimodal planning, environmental processes, and project development. CSS encourages transportation project sponsors to customize project design to find the best transportation and environmental solution given the project parameters.
  • Improved timeliness of environmental processes.Through streamlining and related efforts that support its VFGs, FHWA aims to establish Environmental Assessment (EA) and Environmental Impact Statement (EIS) timeframes, meet 90 percent of project schedules, and decrease the median time to complete both EAs and EISs by 2007.
  • Increased stewardship through greater ecosystem and habitat conservation.FHWA plans to implement a minimum of 30 exemplary ecosystem initiatives in at least 20 States or Federal Lands Divisions by 2007.

FHWA plans to work with State DOTs and State and Federal resource agencies to streamline the environmental documentation process by expanding on its VFGs through new guidance, training opportunities, peer-to-peer exchanges, and shared best practices and case studies. FHWA believes that the products of these vast efforts - good government, sound decisions, predictability, and innovation - will be further built upon by promoting the adoption of programmatics, the delegation of low-risk activities, the training of high-level agency staff, and the fostering of relationship building.

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Issue-by-Issue

Prior to the workshop, FWS, NOAA Fisheries, FHWA, and State DOTs field agency staff completed a questionnaire to identify the issues that affect their working relationships. (The survey and responses are found in Appendix B and C.) These issues include the following:

Topic 1: Transportation Project Development Process
Topic 2: Consultation and Technical Review with FWS and NOAA Fisheries
Topic 3: Integration of ESA and EFH into NEPA
Topic 4: Various Small Group Discussions
Topic 5: Indirect and Cumulative Impacts
Topic 6: Programmatic Consultations
Topic 7: Mitigation/Conservation Measures

During the workshop, participants discussed areas of agreement and disagreement surrounding the definition of the problem, potential solutions, and the resources necessary to resolve each issue. In some cases, it was necessary to clarify key agency policy and regulatory requirements.

Topic 1: Transportation Project Development Process

Questionnaire respondents recommended that the transportation agencies provide an overview of and clarify the transportation project development process to resource agency staff. The transportation project development process is composed of several phases, including planning, environmental review, and construction and maintenance. FHWA described and workshop participants discussed these project development phases in depth.

Planning

Planning factors stated within TEA-21 address protection and enhancement of the environment and energy conservation. This initial phase is a key component of the transportation project development process and includes determination of project purpose and need, implementation of preliminary studies, early coordination with other agencies, and initial public involvement efforts. Often guided by MPOs, the planning phase of the transportation project development process allows for the early identification and analysis of a variety of issues and deficiencies by all involved to plan for current improvements and future use. This planning in advance allows State DOTs and MPOs to better develop and evaluate alternatives based on demand management analysis for transportation infrastructure. Planning factors stated within TEA-21 address protection and enhancement of the environment and energy conservation, however, Federal resource agencies rarely have the capability to participate in this early phase. Hence, key decisions may be made without knowing what impacts may occur to natural resources. These decisions are generally not effectively negotiable during the NEPA review due to considerable amounts of investments of planning, concept design and political capital to complete this phase

Planning is required of both State DOTs and MPOs. After conducting analysis and scoping activities, State DOTs and MPOs must prepare a long-range transportation plan and a transportation improvement program. Both the statewide and the metropolitan transportation plans are designed to look at long-term transportation investments with 20-year timeframes. In addition, the metropolitan transportation plan is financially constrained. Each plan includes multimodal operations and focuses on both economic and environmental goals. In contrast, the Statewide Transportation Improvement Program (STIP) and the Metropolitan Transportation Improvement Program (TIP) are short-range plans, though they must be consistent with existing long-range plans. Both the STIP and the TIP conform to the State implementation plan and describe specific project design concepts and scopes.

Useful Transportation Planning Web Sites
December 2003

MPOs, State DOTs, FHWA, FTA, and resource agencies can use this initial phase to foster and develop both stewardship and streamlining benefits before significant investments are made. Through early coordination, each of these agencies can gain a better understanding of the planning and environmental review process and strengthen interagency relationships1. Such interagency coordination, along with early public involvement, allows MPOs and State DOTs to address, in advance, such key issues as preferred mode selection, public scoping, and environmental justice concerns. FWS and NOAA Fisheries recommend that transportation agencies use the following advanced planning methods to achieve more effective results:

  • Identify and present all environmental concerns up front in the long-range planning process.
  • Inform all affected agencies of project-related concerns.
  • Invite resource agencies to work with State and local planners to address these concerns during this initial phase.

1 Due to the flexibility inherent in the planning process, FHWA recommends that resource agencies familiarize themselves with individual state and metropolitan planning processes.



Environmental Review

NEPA outlines the Federal responsibility to balance economic and resource issues. A project's purpose and need statement is the foundation of its environmental review and subsequent NEPA document, which analyzes the environmental impacts of each project alternative. Although FHWA approves the obligation of funds, it does not implement the NEPA process; instead, it oversees the process.

NEPA outlines the Federal responsibility to balance economic and resource issues. A project's purpose and need statement is the foundation of its environmental review and subsequent NEPA document, which analyzes the environmental impacts of each project alternative. Although FHWA approves the obligation of funds, it does not implement the NEPA process; instead, it oversees the process.

The principles of the transportation decision making process support the NEPA environmental review process by emphasizing public cooperation and interagency coordination. States rely on input from the public and resource agencies to accurately consider all alternatives and environmental impacts and to determine the preferred alternative. States also rely on resource agencies to determine critical resources and boundaries that have the potential to be impaired by a project. Resource agencies assist States in determining the direct, indirect, and cumulative impacts of a project. Subsequently, FHWA and the State DOTs use this input in their determination of the appropriate environmental documentation and mitigation measures for a specific project. Although each State follows the same FHWA regulations for requiring Categorical Exclusions (CEs), EAs, and EISs, States apply these regulations based on the unique environmental and transportation issues associated with the project.

Although many critical decisions affecting resources are made during the initial planning process by State and local officials, it is during the environmental review phase when most resource agencies become involved. Even then, workload priorities and the availability of staff determine if and when resource agencies are able to participate in this second phase. With adequate staff and funds, resource agencies are able to work early in the NEPA process. However, decreasing funding and staff levels lead resource agencies to become involved later in this phase and limit their focus on fewer resources.

Construction and Maintenance

Paul Wagner of the Washington State DOT presented information about construction and maintenance, which are the two final stages in the transportation project development process. State DOTs are responsible for these actions and accountable for adhering to the Federal and State laws protecting the environment. Although DOTs are responsible for the development and maintenance of transportation infrastructure that meets environmental laws, many projects are built by outside contractors that act on behalf of State DOTs. In these cases, even greater coordination and communication are required to express what is and is not permitted on a given project.

The majority of State DOT construction projects upgrade the existing system. Direct effects caused by these types of construction projects are often of greatest concern due to their noise, habitat, and erosion impacts. To avoid these impacts, State DOTs can use a variety of tools. Pre-construction meetings and construction training bring issues to the forefront in advance of actual construction. Erosion control plans, developed by the contractor and submitted to the State DOT for approval, can also be used to achieve environmental awareness and consensus. For projects that impact highly vulnerable environments, on site biologists can streamline the environmental process by immediately addressing critical issues.

Practices such as vegetation control, ditch draining, and guardrail replacement are routine maintenance activities. In-water work, however, is of major concern due to their potential to impact the environment. As with construction, early coordination with and training of maintenance staff can help them learn how to minimize effects. State DOTs can also use performance-based monitoring to ensure that maintenance activities have limited environmental impacts.

Helpful Mitigation Documents

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Topic 2: Consultation and Technical Review with FWS and NOAA Fisheries

Similar to the overview of the transportation project development process, representatives from FWS and NOAA Fisheries, commonly known together as the Services, summarized the key aspects of consultation on ESA and EFH.

Section 7 of the Endangered Species Act

Section 7 of the ESA requires the Federal agency associated with a transportation project, called the Action Agency, to consult with the appropriate resource agencies (FWS and NOAA Fisheries) if the project has the potential to impact any endangered or threatened species or critical habitat2. By working with all of the resource agencies, the Action Agency analyzes the impacts of its proposed action and requests consultation for all actions, which may affect listed species or its designated critical habitat. Formal consultation is required for all actions that "may affect" listed species. The Action Agency provides a determination of "may affect" accompanied by supporting documentation often called a biological assessment.


2 Consultation must occur for funding, planning, permitting, and all earth moving or other physical construction.


The Action Agency may conclude the formal consultation process informally if they receive concurrence from the FWS or NOAA Fisheries and they are able to document that the effects of the action are insignificant, discountable, or wholly beneficial and are not anticipated to result in incidental take. All projects that may result in incidental take must receive an incidental take statement, which is only available through a formal consultation, which concludes with a biological opinion.

FWS and NOAA Fisheries have recognized several challenges in the ESA consultation process, including the following:

  • Congress assumed that all take amounts would be small. However, this was not always the case for transportation projects.
  • It is technically difficult to track the conservation of threatened and endangered species. As a result, it is hard to determine exact project impacts on the species population or mitigation performance on individual animals.
  • A consultation is not a biological opinion and vice versa. A biological opinion documents a consultation. This understanding can streamline the consultation process.

FWS and NOAA Fisheries Consultation Process

  1. Describe the action.
  2. Deconstruct the action to determine which parts may be problematic to species or its designated critical habitat.
  3. Identify the action area.
  4. Analyze the species exposure level. (All actions should be designed to keep species from being exposed.)
  5. Analyze the qualitative and quantitative responses to the exposure. Reconstruct the action.
  6. Analyze the risk to individuals and species populations.
  7. Manage risk with reasonable measures by minimizing exposure and reducing problematic parts of the action.

Recommendations for Improving the ESA Consultation Process

The Section 7 consultation process offers a number of regulatory streamlining opportunities to minimize or avoid impacts to habitat or species. For example, agencies can engage in early coordination and communication. This type of informal consultation can facilitate discussion on habitat and ecosystem concerns instead of single species management, further promoting environmental benefits. Other streamlining techniques include:

  • Focusing the onset of the consultation process on identifying action areas and levels of impact and exposure.
  • Developing a common goal or conservation strategy that identifies critical resources within the action area and includes a framework to ensure that the proposed activities are consistent with the framework. This provides a common reference point and offers early guidance to planners without unduly restricting the range of alternatives.
  • Developing a set of metrics, which describes and quantifies the status of resources that both agencies understand and use. These metrics can provide the common language for all stakeholders to use to measure impacts equally and effectively. If each party uses a different set of measures, the discussion is often ineffective and frustrating.
  • Rethinking the standard consultation schedule (135 days) and mutually agreeing to increase or decrease this timeframe to better work with other agencies in developing the preferred agency alternative and biological opinion.
  • Integrating Section 7 consultation into the FHWA and State DOT planning processes.
  • Determining, in advance, the limits to exemptions approved in incidental-take statements, and that they rely on the metrics that both parties agreed to at the onset of the review process.
Essential Fish Habitat Consultation

The Magnusun Stevens Fishery Conservation Management Act of 1975 governs management of the nation's fish. In 1996, an amendment to the Act strengthened the link between habitat rebuilding and fisheries sustainability. Today, the Magnuson-Stevens Act requires the identification of EFH for managed species and measures the effectiveness of conservation efforts to enhance the habitat fish species need throughout their life cycles. Congress defines EFH as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity" (16 U.S.C. 1802(10)). Until the Magnuson-Stevens Act, no regulations existed that required other agencies to consider adverse effects on EFH. Federal agencies are required to consult with the Secretary of Commerce regarding any action they authorize, fund, or undertake that may adversely affect EFH. The EFH consultation process is integrated with other agencies' processes and schedules, if agreed upon in pre-negotiation. For cases where existing processes cannot be followed, the EFH regulations specify what consultation process to use based on the degree of potential impact to EFH. While State agencies are not required to consult with NOAA Fisheries, they can, however, be approached for consultation by NOAA Fisheries. The underlying challenge inherent in all EFH consultations is minimizing human impacts while conserving ecologically important places, functions, and species connectivity.

Other Consultation Processes used by FWS and/or NOAA Fisheries

  • Section 4(f) of 1966 US DOT Act
  • Coastal Barrier Resources Act
  • Marine Mammal Protection Act
  • Coastal Zone Management Act
  • Clean Water Act/Fish and Wildlife Coordination Act
  • National Historic Preservation Act
  • Wilderness Act
  • Migratory Bird Treaty Act

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Topic 3: Integration of ESA and EFH into NEPA

During this session, participants discussed the challenges and opportunities associated with integrating ESA and EFH into NEPA. The purpose of the discussion was to identify how resource agencies can be more involved in the development of transportation projects. Issues such as data needs and level of detail were among the most frequently cited challenges. Participants received information about the development of the Wildlife Habitat Handbook that intends to identify opportunities for integrating the processes. Successful examples of process integration were also discussed, including Oregon's Major Bridge Replacement Program - ESA Strategy, and Florida's Efficient Transportation Decisionmaking Process.

Challenges

Resource and transportation agencies often encounter challenges when working together on transportation projects. The following list provides a description of the challenges to improving transportation and resource agency understanding, implementation, and integration of ESA, EFH, and NEPA:

  • Data Needs - Both transportation and resource agency representatives emphasized their frustration regarding data requirements. Transportation agencies are frustrated by receiving continuous requests for data, without any specificity of what data are needed. Resource agencies struggle to make better risk analysis assessments when they do not receive sufficient data in a timely manner.
  • Level of Detail - The Services stated that they want to receive more detailed information about the design of a project. However, State DOTs responded that there is sufficient detail in NEPA to make a reasonable risk assessment.
  • Terminology - Representatives from the Services made distinctions between consultations and biological opinions and formal and informal consultations. Transportation agency representatives stressed the distinction between "likely" and &possible" impact. In addition, participants stated that "take" means different things to different people.
  • Scope of Analysis - All agencies struggle to identify and assess indirect and cumulative impacts of a project. Inadequate analysis often results in continual requests for additional data. Improved staff skills in conducting effects analysis should decrease data requests while focusing analysis where the impacts are most likely to occur.
  • Inconsistent Assessments - Transportation agencies state that they often receive inconsistent biological opinions for two projects situated in similar environments.
Opportunities

Participants identified several opportunities for integrating ESA and EFH into NEPA:

  • Articulate better-defined data requirements. Provide relevant and sufficient data as early in the process as possible.
  • Engage agencies in the process early and often. Provide opportunities for resource agencies and highway engineers to discuss needs and solve problems.
  • Conduct monthly meetings, including the active participation of State DOTs, to discuss project status and policies. People with relevant information and the ability to make decisions need to be involved.
  • Document the activities, agreements, concerns, etc., of the consultation process.
  • Exercise flexibility, where possible; coordination is a give-and-take relationship.
  • Educate agencies about terminology and roles and responsibilities of the resource and transportation agencies in ESA and EFH.
  • Develop joint guidance documents, which identify operating procedures and clarify processes.
  • Provide guidance to transportation and resource agency staff about recovery plans. Emphasize that the recovery plan should identify problems and solutions. Both transportation and resource agencies need to create solutions to the identified problems.
  • Dedicate staff to developing and managing recovery plans. Fund positions to conduct the work.
  • Engage in open discussions to further explore how to integrate processes (e.g., explore policy changes).
Development of the Wildlife Habitat Handbook

FHWA, in cooperation with Federal resource agencies and State DOTs, is developing a Wildlife Habitat Handbook. An interagency 2-day workshop was held in October 2002 that allowed agency staff to articulate their needs and concerns that could be addressed through the handbook. A draft document is scheduled to be prepared in 2004. The purpose of the handbook is to create a common interagency mission, with a focus towards fish and wildlife conservation measures. The handbook will stress the early integration of environmental and community values. Finally, the handbook will provide guidance to streamline the process to create high-quality decisions that will benefit all species.

When completed, the handbook will serve as a resource to all stakeholders with the intended outcomes to include:

  • Mitigation opportunities in advance of and concurrent with transportation projects.
  • Predictability for simultaneous implementation of conservation measures and transportation projects.
  • Regional approaches that use resources effectively and efficiently, not a project-by-project basis.
  • Development of off-site mitigation.
  • Opportunity for interagency partnerships.

Critical to the success of the handbook will be multi-agency support of habitat preservation, incentives to direct transportation funds to ecosystem objectives, early coordination in planning stage, and decisions, opinions, and commitment based on "best available data."

Successful Approaches

State DOT and FHWA Division Office representatives presented case studies of innovative approaches to integrating the requirements of ESA and EFH into NEPA. The presenters included Leroy Irwin from Florida DOT (FDOT), and Lori Sundstrom from Oregon DOT (ODOT). Each presenter conveyed unique opportunities for advancing environmental streamlining and stewardship through better integration of processes and requirements.

Oregon's Major Bridge Replacement Program - ESA Strategy

With many of Oregon's highway and interstate bridges deteriorating at a rapid rate - more than 400 bridges will require replacement within 10 years to keep critical transportation routes open, including Interstates 5 and 84 - ODOT sought opportunities to address the crisis. The result is a programmatic approach to the various State - and Federal-level fish and wildlife environmental reviews, entitled Major Bridge Replacement Program. The size and significance of the bridge replacement program presents an opportunity to accomplish environmental stewardship and streamlining, and to apply the principles of CSS.

Oregon's Combination of Approaches

  • Programmatic, batched, and streamlined consultation
  • Early consultation
  • Emergency consultation
  • Habitat Conservation Plans
  • Take minimization

Managers and senior staff from State and Federal resource and transportation agencies, consultants, and contractors engaged in a 6-day multi disciplinary workshop. The participants represented the interests of archaeology, biology, bridge design, construction, erosion control, geotechnical, historic resources, hydrology, maintenance, project management, roadway design, socio-economics, wetlands, and water quality. As a result of this workshop, ODOT was able to share their consensus-driven programmatic approach with environmental specialists from across the country while receiving valuable input from other experts.

The Major Bridge Replacement Program provides that ODOT will design impact avoidance and minimization into each bridge. ODOT will provide environmental and engineering baseline reports for each site before starting consistent and comprehensive coverage by NOAA Fisheries and FWS for the same bridge to facilitate permit strategies by spring 2004. Defining a "Green Bridge" is critical to the success of the program. ODOT will apply environmental performance standards that account for the environmental impacts of construction and the permanent bridge, including the effects of 75 to 100 years of maintenance activity.

Florida's Efficient Transportation Decisionmaking Process

In February 2000, an Executive Summit was held in Atlanta, Georgia, for Florida and Federal agencies to garner support and commitment to create a new process for Environmental Transportation Decisionmaking (ETDM). Florida's ETDM process will incorporate agency interaction into the early stages of transportation planning. Avoidance and minimization strategies are identified earlier, and the cost impacts for these strategies can be built into the long-range transportation plan (LRTP). Interaction occurs through a multi-agency Environmental Technical Advisory Team (ETAT) established for each of the seven FDOT districts. The ETAT will consist of 12-20 representatives from agencies with statutory responsibility for transportation, land use, and ecosystem planning, permitting, or consultation on projects, and will seek a proper balance between these competing perspectives. The ETAT will screen projects prior to the LRTP and as projects enter FDOT's Work Program. During project development, the ETAT role shifts from advisory to permit coordination.

The motivating forces behind the development of the ETDM Process were Section 1309 of Transportation Equity Act for the 21st Century (TEA-21) and political endorsement and support from senior-level management at FDOT and FHWA's Southern Resource Center and Florida division office. When developing projects, FDOT must address approximately 40 Federal and State environmental laws. All agencies recognized that the process needed to be improved in order to protect and enhance Florida's resources.

FDOT has demonstrated a strong commitment to manage growth and maintain connectivity for habitat. To date, three FWS and two NOAA Fisheries positions are funded by FDOT for 2-year periods, longer than the national average time period of funded positions. ETDM includes a State Alternative Dispute Resolution system. A key component of ETDM is the development and maintenance of a centralized database of digital information about the State's resources, which is maintained at GeoPlan Center at the University of Florida.

The total estimated budget for ETDM program is $4.5 million. To date, Florida has spent 33 months and $1.3 million developing the program.

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Topic 4: Various Topics for Small Group Discussions

At the workshop, participants were able to attend two discussion groups of their choice. These discussion groups were based on the following six critical issues identified by the participants in a survey completed before the workshop:

The summary that follows is organized by each emerging issue and provides information from the respective presentations and discussions.

Migratory Bird Treaty Act (MBTA)

Background

The MBTA prohibits the taking of birds, eggs, nests, and plumage without a permit. Under the MBTA, a strict liability act, no intent is needed and only direct take permits are allowed.

There is no provision for incidental takes, and habitat mitigation is not supported, unlike in the ESA or Section 404 of the Clean Water Act (CWA). If fully enforced, the MBTA can penalize people who do not abide by its rules. To avoid this, the purpose behind the MBTA should be communicated to the public and to transportation and resource agencies. Outreach and education can serve as a tool to further stewardship. For example, resident engineers knowledgeable about the MBTA will be able to recognize when it is necessary to bring a biologist to a project site.

Take Scenarios under the MBTA

  • Highway operation on existing right of ways.
  • Maintenance activities such as mowing, clearing, and using herbicides.
  • Construction or new alignment.

FHWA is subject to the January 2001 EO for the Conservation of Migratory Birds (EO 13186), which directs executive departments and agencies to take certain actions that further implement the MBTA. However, since 2002, FHWA has been developing a memorandum of understanding (MOU) with FWS to establish a method that ensures all necessary action is being implemented to protect against take. The MOU will not include tracking language or guidance for State DOTs. Instead, FHWA recommends that FWS develop its own tracking system with State DOTs. As a result, State DOTs and FHWA Field Offices and Headquarters will be able to develop individualized coordination procedures.

Action Items for FHWA/FWS
MBTA-Related MOU

  • Identify who will do what.
  • List and define terminology.
  • Determine projects of high concern.
  • Identify projects of less concern.

Recommendations

FWS encourages FHWA and State DOTs to work together in contacting FWS at the beginning of a project, allowing both agencies to streamline the process and coordinate their actions. FWS is concerned, however, that FWS or FHWA may not be made aware of all projects if States do not contact FWS and if FHWA is not actively involved in the process.

FHWA recommends that State DOTs take the following actions to improve their MBTA approach:

  • Develop a legitimized process to determine legality and parameters.
  • Redesign and institutionalize the discretionary enforcement process.
  • Develop more legal protections (e.g., Private Right of Action).
  • Recognize process challenges and constraints, including:
    • Seasonal and other time constraints in building projects.
    • Lack of understanding of the laws and provisions for direct take.
    • Lack of understanding of take and habitat issues related to the NEPA process.
  • Work with FWS directly on all MBTA issues.
  • Standardize administrative procedures.
Context Sensitive Solutions/Context Sensitive Design (CSS/D)

Background

CSS/D is a collaborative, interdisciplinary approach that requires all stakeholders to develop a transportation facility that fits its physical setting and preserves scenic, aesthetic, historic, and environmental resources, while maintaining safety and mobility. CSS/D is an approach that considers the total context within which a transportation improvement project will exist. Inherent in CSS/D is flexibility in highway design, which fosters innovative engineering solutions. However, all successful solutions are not necessarily innovative.

The Intermodal Surface Transportation Efficiency Act of 1991, AASHTO's National Highway System Design Standards, and the National Highway System Designation Act of 1995 promote the balancing of safety, mobility, economic, environmental, scenic, historic, community, and preservation values. CSS/D emerged as the means to make all of this work. In 1997, FHWA, with input from AASHTO and several environmental interest groups, developed the guide Flexibility in Highway Design to promote flexible design, interdisciplinary decisionmaking, and proactive public participation in the transportation process. The first national CSS/D conference followed in 1998, after which FHWA and AASHTO began supporting six CSS/D pilot programs in Connecticut, Kentucky, Maryland, Minnesota, Utah, and the FHWA Federal Lands Highway Program. Each pilot is integrating CSS/D into the planning, design, development, and construction processes and training nearby States in CSS/D.

Questions and Concerns

During the highly interactive discussion, participants raised various questions and concerns with CSS/D, as follows:

  • CSS/D takes extra time and money that agencies do not have.
  • Front-line engineers' primary responsibility is to design safe transportation infrastructure, and view the AASHTO Greenbook as legal protection. The Greenbook does not provide any information on CSS/D. How can the agencies encourage engineers to consider CSS/D?
  • How are decisions made when using CSS/D? Who takes responsibility for the decisions?
  • How does FWS communicate ecosystem needs and values?
  • (We) often go to meetings with no guarantee of success.
  • (We) see FHWA focusing more on social needs versus ecosystem needs.
  • How does CSS/D fit into NEPA?
Recommendations

Participants jointly developed recommendations to advance the application of CSS/D, including:

  • Use CSS/D to develop timely and sound solutions that balance all the communicated needs of a community and its resources (e.g., safety, mobility, environment, social, and economic).
  • Involve stakeholders early in the process so that they may communicate their needs before decisions are made.
  • Understand that needs and values may vary depending on the "context."
  • Recognize that agencies are likely to make trade-offs to arrive at a solution acceptable by all involved.
  • Define terms associated with CSS/D in order to limit interpretations of CSS/D and to improve communication among the transportation and resource agencies, and the public.
  • Provide cross training to front-line highway engineers and resource agency staff to better educate staff of the needs and concerns of each other's agency.
  • Conduct research of alternative solutions (e.g., AASHTO could fill this niche)
  • Test solutions and document results to provide a higher comfort level to front-line engineers (i.e. establish a good "track record" for alternative solutions).
  • Jointly update the AASHTO Greenbook to include alternative solutions generated by CSS/D.
  • Certify alternative solutions based on the documented results (e.g., narrower shoulders)
  • Encourage day-to-day communication among all agencies; provide stakeholders with current information.
  • Extend the application of CSS/D to better assess and address indirect and cumulative impacts of an activity.
Watershed/Regional Planning Approaches

Background

Ecosystem approaches consider the interaction of every organism with other living organisms and the non-living environment (e.g., predator-prey relationships, hydrology, disturbance regimes such as wildfire and flooding). FWS and NOAA Fisheries have long been developing watershed-based approaches. First, issues are identified (e.g., species, processes). Through this process, priorities are set; tools are then considered to address the priorities. Watershed-based approaches can produce an integrated recovery plan for multiple species within the same watershed, while also identifying habitat restoration opportunities and setting environmental priorities.

Watershed plans have the potential to provide a context in which to assess transportation plans. While watershed-based approaches and regional transportation plans have long histories, the two are not integrated.

Characteristics of an Ecosystem Approach

  • The primary goal is conserving natural biological diversity and ecosystem integrity, while supporting a sustainable level of human use.
  • Common goals are developed, and management decisions are made with the participation of all internal and external stakeholders.
  • Management decisions consider the full array of biological and socioeconomic parameters.
  • Management decisions are made based on natural, ecologically defined boundaries.
  • Managers recognize that ecosystems are dynamic and manage adaptively in response to changing biological and societal circumstances.

Questions and Concerns

Participants raised various questions and concerns related to both available data from watershed-based approaches and the integration of watershed-based and regional transportation plans.

  • How are watershed and regional transportation plans integrated?
  • Transportation projects are context-specific, while the agencies are concerned with not just the habitat, but connectivity issues.
  • Are Federal laws and regulations flexible enough to reach good outcomes?
  • What are acceptable levels of impact? What are the most important habitat?
  • It does not matter how much data you have, you still need to make good decisions.
  • State DOTs want to create Geographic Information System (GIS) layers; resource agencies want to create functionalities. Data are not static.
  • It is difficult to look at the corridor scale. In order to make sound decisions, State DOTs need to have good data.
Recommendations

Participants offered several recommendations about using watershed-based approaches to improve transportation decisionmaking, including:

  • Promote the integration of watershed and regional transportation plans because they both frame the "big picture." For example, DOTs can use habitat data in a Tier 1-type NEPA document.
  • Define and educate transportation and resource agency staff about watershed planning, ecological processes, and the dynamic needs and movements of habitat and its surroundings.
  • Collect and provide inventory of habitat. Cognizant of the dynamic nature of habitat, an inventory would be a good first step to broadening State DOTs' knowledge of FWS's and NOAA Fisheries' concerns and needs.
  • Engage in early-and-often coordination, and use the talents of conservationists in the resource agencies to improve decisionmaking. Involve State DOTs in the environmental planning process (e.g., assign a State DOT staff person to the environmental planning committee).
Stormwater

Background

Stormwater and its effects on impervious surfaces cause biological concerns and ESA challenges. While stormwater runoff from highways varies in volume, all highway stormwater runoff causes three basic environmental concerns:

  • The quality and pollution impact of runoff sediment.
  • The quantity of runoff sediment and its erosion disturbance on stream banks and wetlands.
  • The impact of runoff on impervious surfaces.

Stormwater runoff impacts, including peak flows and pollutant discharge, are exacerbated when it rains. Impervious surfaces may also suffer both hydrologic and geomorphic impacts. In turn, accelerated erosion, reshaped channels, increased sediment, and altered temperatures created by stormwater runoff can lead to further environmental degradation. These environmental concerns affect water quality and the spawning, survival, and migration of fish. In order to protect fish habitats and aquatic ecosystems, water quality and quantity must be protected. Habitats must be complex enough to meet the needs of a variety of species and they must be interconnected. While both the CWA and the ESA regulate impacts to water bodies and sediment, the implementation of best management practices (BMPs) can alleviate stormwater runoff impacts. Stormwater treatment practices also work to minimize pollutant input and changes in peak flow.

Recommendations

FWS and NOAA Fisheries introduced a variety of approaches and recommendations for controlling stormwater runoff impacts. Since regulations vary nationwide, some regional guidance is not transferable. For this reason, control approaches should be regionalized. At the national level, FWS, which recommends that aquatic life criteria be developed to protect living organisms, is currently developing temperature criteria for bulltrout. State DOTs and resource agencies will be able to apply this guidance to all bulltrout habitats.

NOAA Fisheries' Northwest Region Habitat Division has developed guidance to manage the effects of stormwater runoff. The guidance, which is based on scientific and commercial research, can assist State DOTs in making Section 7 consultation determinations. It also provides a framework for analyzing long-term effects on habitat and fish. Although this guidance is specific to the region's environmental concerns and the involved States' regulations, it is an example of a proactive approach that promotes the conservation measures and BMPs needed to minimize stormwater runoff impacts. The guidance includes minimization measures such as increased infiltration, preservation of vegetation, and protection and improvement of water quality and channel conditions. The region plans to modify the guidance as new issues and solutions arise.

Many State DOTs have voiced the need for a consistent framework that can be applied to all State stormwater-permitting processes. Such a framework could help streamline consultations and the development of mitigation measures. In addition, many State DOTs have called for a cooperative effort by local, State, and regional parties to address urban water pollution. State DOTs do not have the sole responsibility to address urban water pollution, and solving this problem requires interagency communication and cooperation.

FHWA, State DOTs, FWS, and NOAA Fisheries recommend the following actions to help minimize the impacts of stormwater runoff:

  • Develop a consistent framework for Section 7 consultations, EFH activities, and other environmental reviews.
  • Expand existing stormwater guidance to address specific State requirements (e.g., California's regulation against infiltration and use of limited retention periods) and seasonality issues.
  • Incorporate Total Maximum Daily Load (TMDL) - "the amount of a particular pollutant that a particular stream, lake, estuary or other water body can 'handle' without violating State water quality standards"3 - into stormwater guidance and control techniques.
  • Conduct baseline studies on runoff to wetlands.
  • Recognize that all agencies share responsibility for runoff, not just State DOTs.
  • Use innovative techniques that go beyond traditional approaches (e.g., habitat restoration as a watershed approach).

3 http://www.ctic.purdue.edu/KYW/tmdl/tmdlhome.html


Reimbursable Agreements

Background

Some resource and transportation agencies have historically had weak working relationships. The early and active interagency coordination supported by reimbursable agreements, however, has improved relationships and fostered streamlining. Under reimbursable agreements, funded positions can begin early analysis and address resource-specific issues on behalf of FHWA or State DOTs at planning meetings and citizen advisory councils. To develop and maintain strong interagency coordination, reimbursable work plan agreements must be consistently managed and communicated. In addition, agencies must refrain from shifting priorities so that a common understanding of agency goals can exist.

Regional Examples of Reimbursable Agreements

  • Along with their reimbursable agreement, FWS Region 5 and the Pennsylvania Department of Transportation (PennDOT) have a memoranda of agreement (MOA) that lists specific details and tasks as performance measures. For example, the agencies have set standards on task turnaround times, staff attendance, and field review logistics. During their annual review, FHWA and PennDOT examine the PennDOT districts in order to evaluate the performance of funded positions.
  • FWS Region 6 and the Colorado Department of Transportation (CDOT) have a MOU under which FWS hires a CDOT staff member dedicated to FWS issues. Both agencies trust that the CDOT staff member acts on behalf of FWS, not CDOT.
  • After the U.S. Army Corps of Engineers (USACE) requested that FWS be present during all field work, FWS Region 2 and USACE developed an interagency agreement to perform field work and make all related decisions together.
  • The Washington State Department of Transportation and that Region's FWS work through the State Office of Ecology to fund three positions at FWS.

Recommendations

The success of reimbursable agreements is often difficult to gauge. FHWA, State DOTs, FWS, and NOAA Fisheries recommend implementing performance measurements to assess the success of reimbursable agreements. Performance measures can further streamline the process by ensuring that consultations and resource issues are addressed and met in a timely manner. FHWA, State DOTs, FWS, and NOAA Fisheries recommend that performance measures focus on the adherence to timelines and the development of guidelines - two methods that can significantly streamline projects. Performance measures should also be flexible to allow greater environmental sensitivity to projects. FWS and NOAA Fisheries recommend that FWS and NOAA funded positions not be "graded" by transportation agencies due to differences in agency job responsibilities and oversight strictness. In addition, FWS suggests including expedited review as a performance measure as requiring such reviews provides transportation agencies with more assistance without setting detailed standards.

Since each State DOT and NOAA Fisheries and FWS regional office functions differently due to unique staff and project demands, agencies need to be flexible when determining the level of oversight for funded positions. Transportation and resource agencies should work together to determine the role of transportation agencies in overseeing funding position, including their role in auditing and reporting. Workshop participants agreed that performance requirements should be created but vary in detail. Finally, FHWA suggested basing the determination of an appropriate candidate and the grade requirement of a funded position on the expertise level of the candidate and the purpose of the position.

Aquatic Issues

During this session participants discussed the detrimental effects of pile driving and the implications for ESA/EFH consultations.

Negative Impacts of Transportation Projects
  • Kills fish through vibratory impacts of sound pressure. At 180 db peak pressure, physical harm is done. At 150 db peak pressure, behavioral changes are identified.
  • Affects threatened seabirds that forage underwater (Murrelets), neurological and physiological effects due to pressure (not just noise effects).

Factors Related to Negative Impacts
from Pile Driving

  • Hammer type - impact > vibration
  • Pile type/size - steel > wood and concrete
  • Depth of water
  • Species and size of fish

Solutions
  • Unconfined bubbles are the most effective technology currently available. The bubbles reduce impacts 80 to 90 percent.
  • Caltrans is implementing a process for fish passages and soft protection (other than rip rap).
  • Treat seasonal fish densities along river banks with various stabilization methods.

Recommendations
  • Conduct research to identify solutions to minimize the negative impacts of pile driving.
  • Determine impacts of different bank stabilizations (e.g. identify which method supports the greatest juvenile salmonids densities). Provide cross training to engineers (e.g. stream morphology).
  • Provide fish passage guidance and information to agencies via an Internet website. Need to link together the existing guidance on the issue. Sources of information include: www.nwr.noaa.gov and www.itrb.ncsu.edu/cte/.
  • Develop programmatic agreements to address fish passage.

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Topic 5: Indirect and Cumulative Impacts

Background

All Federal agencies must consider the direct, indirect (or secondary), and cumulative impacts of a project in order to satisfy NEPA requirements4. Impacts can be different on every project, and a variety of Federal guidance on meeting these NEPA requirements exists5. Confusion among agencies is widespread; agencies often use different definitions, assessment methodologies and tools, and procedures to meet these requirements.


4 The CEQ defines indirect and cumulative impact requirements in Regulations for Implementing the Procedural Provisions for the National Environmental Policy Act (NEPA) (40 CFR 1500-1508).


5 Available guidance includes CEQ policy, EPA, 309, EPA 315, NCHRP 403, NCHRP 466, and a FHWA position paper.


Indirect effects, as stated in 40 CFR 1508.8 in CEQ's NEPA Regulations and in 50 CFR 402.02 in ESA, can often be predicted by analyzing the proposed action. However, as the chains of causation become more complex, it is difficult to predict the specific effects caused by land use, growth, and transportation. "Cumulative impacts" as defined under NEPA and "effects of the action" as stated in ESA are similarly defined and also must be analyzed for projects impacting land use, growth, and transportation. NOAA Fisheries does not formally interpret the definition of cumulative impacts for use in EFH, but instead applies the NEPA definition and guidance directly.

NEPA Definitions

  • Direct Impacts - Effects caused by an action and occurring at the same time and place as that action. (40 CFR 1508.8)
  • Indirect or Secondary Impacts - Effects that are later in time or far removed in distance (but still reasonably foreseeable) from the action that caused them. Examples include growth-inducing and other effects induced by changes in land use patterns, population density, population growth rate, and the health of natural resources like air, water, and ecosystems. (40 CFR 1508.8)
  • Cumulative Impact - Total effect on the environment that results from the incremental impact of an action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes such other actions. Cumulative impacts can result from individually minor but collectively significant actions taking place over a period of time. (40 CFR 1508.7)

Suggested Recommendations

Transportation projects often catalyze growth-induced impacts. NOAA Fisheries and FWS recommends involving them in the MPO planning process and in regional planning efforts in order to assess more effectively these impacts and their long-term effects on species and to develop mitigation procedures. Both NOAA Fisheries and FWS field staff also recommend that State transportation agencies provide full disclosure of impacts and more details on existing projects, allowing FHWA to better predict impacts.

The purpose and need statement of a project can alert transportation and resource agencies of possible indirect and cumulative impacts. For this reason, FHWA recommends that specific transportation details, rather than broad descriptions, be outlined in the purpose and need statement. FHWA and State DOTs also recommend that resource agencies provide more data to them during planning and project development in order to foster environmental stewardship through the creation of an ecosystem approach. Although NEPA requires that impacts be recognized, not mitigated, both conservation and mitigation measures should be considered. FHWA, State DOTs, FWS, and NOAA Fisheries agree that once growth impacts are disclosed, other alternatives should be developed.

The relationship between a transportation project and its effects on the environment can be further explained by an example presented by Paul Garrett of FHWA — the National Wildlife Federation v. Coleman lawsuit highlighting Section 7 of ESA. Under this lawsuit, the plaintiff, a conservation group, sought to force FHWA and the Mississippi State Highway Department to modify the plans for a new segment of Interstate Highway I-10. The plaintiff alleged that the plans would adversely affect the last remaining colony of the Mississippi Sandhill Crane, an endangered subspecies of the Sandhill Crane6. In this case, the new transportation infrastructure was held responsible for induced growth and, in turn, impacts to critical habitat as designated in Section 7 of ESA. This example demonstrates the challenges that FWS and FHWA have faced in addressing indirect effects. Current and future partnerships among FHWA, State DOTs, and resource agencies present further opportunities to discuss the "when" and "how" of growth as an indirect effect.


6 Section 7 of the Endangered Species Act of 1973: A Significant Restriction for All Federal Activities http://www.elr.info/articles/vol5/5.50189.htm


Additional Issues

During the construction of a transportation project, an outside contractor is often responsible for the final project outcome. Resource agencies have voiced concern that the contractors may not acknowledge the impacts they are making on the environment. Since contractor impacts are the direct effects of Federal action, resource agencies suggest that a contractor's process be integrated into all interagency consultation.

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Topic 6: Programmatic Consultations

Background

Programmatic consultations (programmatics) are useful instruments in creating partnerships to enhance streamlining, add predictability, and create a landscape approach to project development. Agencies can also use programmatics to evaluate the potential of future actions affecting ESA and EFH listed resources. By establishing standards, guidelines, or governing criteria to which future actions must adhere, programmatics can streamline future actions. Agencies can use formal or information programmatics in a variety of formats, including batched, traditional, and tiered. The requirements for programmatics include the following:

  • Federal agencies must consult on designated programs, plans, and strategies.
  • Each "tier" of a Federal agency action must complete the appropriate level of Section 7 consultation.
  • If future actions are uncertain, FWS and NOAA Fisheries must project the potential effects of future actions in order to protect species. FWS and NOAA Fisheries must ensure that an environmental baseline is appropriately tracked during the implementation of programmatics.

Recommendations

Pre-consultation coordination and cooperation are essential to developing and implementing successful programmatics. This early action allows for proposed activities to be adjusted during the project design phase, where the most flexibility exists to modify the project design. Pre-consultation also allows agencies to incorporate habitat needs into the project design, further expediting the Section 7 process. FWS and NOAA Fisheries encourage the development of design criteria to help identify threats to the conservation of listed species.

In order for programmatics to be applied effectively, strong project-level coordination during the project development phase is needed to identify potential conflicts as early as possible. Continuous coordination and communication will ensure that all stakeholders have the information they need and are using the same assumptions. In addition, surprises that could delay the entire process will be avoided.

The success of a programmatic is not based solely on continuous coordination and communication, however. As both FWS and NOAA Fisheries pointed out, the courts have rejected both tiered and amended programmatics. Over time, the courts have narrowed programmatic options by eliminating those that they claim are not feasible. Workshop participants agreed that a programmatic must include a specific and detailed analysis that ensures ESA compliance. Overall, workshop participants believe that consultation saves more time than biological opinions.

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Topic 7: Mitigation/Conservation Measures

Background

In December 2002, the US DOT, the U.S. Environmental Protection Agency (EPA), and the Departments of the Army, Commerce, Interior, and Agriculture issued a National Wetlands Mitigation Action Plan to improve the Federal government's performance of wetland compensatory mitigation7. The action plan, which does not preempt Section 404 authority, acts as Federal guidance on TEA-21's preference for using mitigation banking to fulfill the mitigation requirements under Section 404. In order to acquire FHWA funds for monitoring mitigation activities, monitoring must be in conjunction with a compensatory mitigation project or research project. In addition, past policies state that non-governmental organizations should not manage mitigation sites because they do not participate in the operation or management of projects. These policies also contend that Federal funds should not be used for the management of natural resources.


7 More information regarding the plan can be accessed through FHWA's website http://wwwcf.fhwa.dot.gov/environment/wetland/rglmapg.htm


Conservation Banking in California

FHWA, Caltrans, and local agencies are working on several interchange improvements on Interstate 10 (I-10) in Riverside County. The project area includes a 2020.57-acre conservation bank. State and local governments fund multiple species conservation plans (MSCPs) in this area. While land for the bank was not initially acquired because it must be banked before Section 7 consultation can begin, the endowment and local entity funds needed for the bank are under negotiation. In addition, the involved agencies are developing a programmatic agreement, MOA, and complete list of conservation measures. The I-10 project has been successful due to its detailed focus. FHWA strongly supports such multi-project conservation planning and programmatics.

Colorado Short Grass Prairie Initiative

To protect Colorado's unique prairie ecosystem and declining species while streamlining ESA Section 7 consultation, the Colorado Department of Transportation (CDOT) entered into a MOA with FHWA, FWS, the Colorado Department of Natural Resources (DNR), the Colorado DNR Division of Wildlife, and The Nature Conservancy in April 2001. The MOA is unique for its inclusion of a conservation organization, its 20-year mitigation plan, its protection of habitat as opposed to an individual species, and its mitigation of future impacts at today's prices. The MOA calls for an estimate of the collective environmental impacts from proposed transportation projects over the next 20 years. The involved agencies estimate potential impacts using best available data, GIS mapping, and expert opinion. Conservation is achieved through best practices in design and maintenance — such as buffers around critical species — and through purchase and management of priority habitat. By contributing to multi-species recovery in an integrated fashion, Colorado agencies hope to aid the recovery of listed species and to reduce the likelihood of other species being listed under the ESA.

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Workshop Recommendations and Concluding Comments

At the conclusion of the workshop, each agency identified the following outstanding issues and next steps in advancing interagency coordination through environmental stewardship and streamlining.

FHWA

  • Build conservation practices into performance measures.
  • Continue to pursue a proactive approach with resource agencies.
  • Solicit input from the American Association of State Highway Transportation Officials (AASHTO) on topics discussed during the workshop.
  • Increase understanding of a project's true cost, including mitigation costs.

State DOTs

  • Develop common guidance on programmatics stating what does and does not work.
  • Form a working group to develop a method to complete programmatic consultations during the transportation process.
  • Continue to improve relationships with resource agencies.
  • Continue to expand role as stewards of the environment.

FWS

  • Develop conservation strategies or frameworks for FHWA to help in the determination of ecologically sensitive areas.
  • Share information on sensitive issues and data needs with FHWA and State DOTs.
  • Identify metrics to characterize status of resources that may be affected by transportation projects. These metrics can be used to facilitate effects analysis and improve agencies' ability to track effects.
  • Continue procedure of having Action Agency as lead in Section 7 consultation.
  • Reach consensus with FHWA on indirect impacts; agreeing to disagree is not sufficient.
  • Share State DOT stewardship initiatives with other States.
  • Apply workshop theme at regional level to continue progress in interagency coordination.

NOAA Fisheries

  • Continue making progress on programmatic consultations.
  • Share best practices.
  • Build on existing coordination with State DOTs to develop more efficient programmatic consultations.
  • Develop conservation guidance for FHWA that protects ecological processes or habitat (e.g., maintain or improves habitat quality and quantity).
  • Continue efforts to bring contractors into the consultation process early on.

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Appendix A — Workshop Agenda

USFWS/NOAA Fisheries
Environmental Streamlining and Stewardship Workshop

Westin Horton Plaza Hotel
SAN DIEGO, CALIFORNIA
MAY 6 — 8, 2002



Workshop Purpose: The purpose of the workshop is to identity and build on successful streamlining practices for transportation projects that promote both project review efficiencies and fish and wildlife conservation in keeping with TEA-21 and Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews. The workshop will provide a better understanding of each agency's roles and responsibilities in environmental streamlining and stewardship, identification of our respective agency's capabilities to deliver effective and timely solutions, and an improved understanding of how we can work together. The majority of the workshop is designed with short presentations on these key issues followed by moderated discussion.

Day One: Tuesday, May 6

8:00 — 8:30 Registration
The session will begin with FWS, NOAA and FHWA leadership setting the charge for the workshop. A state DOT representative providing a state perspective will follow this.

Leadership Charge

  1. FWS Commitment to Environmental Streamlining
    • Dr. Benjamin Tuggle, Chief, Division of Federal Program Activities, FWS
  2. NOAA Fisheries Commitment to Environmental Streamlining
    • Phil Williams, Chief of Endangered Species Division, NOAA Fisheries
  3. FHWA and FWS/NOAA Fisheries Partnerships
    • Fred Skaer, Director, Office of Project Development and Environmental Review, FHWA
  4. State Department of Transportation Perspective
    • Gary Winters, Chief of Environmental Analysis, California Department of Transportation

Workshop Overview and Logistics

  1. Review Agenda, Workshop Objectives, Introductions
    • Joe Burns, FWS; Lamont Jackson, NOAA Fisheries; Brian Yanchik, FHWA

10:00 — 10:15 Break

10:15 — 11:30 Session 2: Environmental Streamlining and Stewardship
This session will provide background information on the National goal for environmental streamlining. The anticipated outcome of this session is for participants to develop a better understanding of the objectives of streamlining, specifically the recent Executive Order and to establish a common foundation for workshop discussions.

  1. Environmental Streamlining and Overview of President Bush's Executive Order 13274
    • Pamela Stephenson, FHWA
  2. FHWA'S Vital Few Goals
    • Fred Skaer, FHWA

11:30 — 1:00 Lunch on your own

1:00 — 3:30 Session 3: Overview of Transportation Program
The session overviews the transportation project development process and the Federal-Aid program, including agencies' roles and responsibilities and project funding. The goal for the discussion is for participants to have a better understanding of the fundamentals of the transportation program.

  1. Planning
    • Brian Betlyon, FHWA
  2. Environmental Review — NEPA & 4(f)
    • Tim Haugh, FHWA and Pamela Stephenson, FHWA
  3. Construction/Maintenance
    • Paul Wagner, Washington DOT

2:45 — 3:00

3:15 — 5:00 Session 4: Consultation with FWS and NOAA
This session will summarize the key aspects of consultation with the Services on ESA, EFH, FCA, and 4(f). Following the discussion, participants should have a better appreciation of the basic requirements for each of these laws.

  1. Overview of ESA consultation requirements
    • Craig Johnson, NOAA
  2. Summary of EFH consultation requirements
    • Kathi Rodrigues, NOAA
  3. Coordinating with the Services on other laws: FWCA, 404, 4(f)
    • Kevin Moody, FWS

5:00 — 5:15 Wrap-up of Day One

5:30 Reception — Cash Bar


Day Two: Wednesday, May 7

8:00 — 12:00 Session 5: Integration of ESA and EFH into NEPA
This session highlights benefits and difficulties with the integration of ESA and EFH into NEPA. It will begin with a panel presentation focusing on some of the recurring issues: scope of analysis, data needs, level of detail, and review timeframes. An open group discussion and then the sharing of three case studies will follow the panel.

  1. Opportunities and challenges with integration
    • Mary Gray, FHWA
    • Alison Beckhouse, FWS
    • Mike Grady and Tim Price, NOAA
  2. Review of Wildlife Habitat Book
    • Janice Brown, FHWA
  3. Open Discussion
    • Moderator — Joe Burns, FWS

10:00 — 10:15 Break

10:15 — 11:30 Case Studies — Innovative Approaches to Integrating Requirements

  1. Florida — EDTM
    • Leroy Irwin, Florida DOT
  2. Oregon — Programmatic Bridge Reviews
    • Lori Sundstrom, Oregon DOT
  3. Alaska — Wildlife Corridor GIS
    • Tim Haugh, FHWA AK Division

11:30 — 1:00 Lunch on your own

1:30 — 4:40 ;Session 6: Discussion Groups
These breakout sessions will outline specific topics as shown with short presentations followed by open discussions. Participants should select one breakout group for each session.

1st Breakout (1:30 — 3:00)

  1. Migratory Bird Treaty Act
    • Moderators — Paul Garrett, FHWA
  2. Context Sensitive Solutions
    • Moderators — Fred Skaer, FHWA
  3. Stormwater
    • Moderators — Mary Gray, FHWA and Jennifer Quan, FWS

3:00 — 3:15 Break

2nd Breakout (3:15 — 4:40)

  1. Reimbursable Agreements — Roundtable discussion of participants sharing experiences with agreements
    • Moderator — Pamela Stephenson, FHWA
  2. Watershed /Regional Planning Approaches
    • Moderators — Lamont Jackson, NOAA and Joe Burns, FWS
  3. Aquatic Issues — Riprap, pile driving, etc.
    • Moderators — Deann Kirkpatrick, NOAA and Alex Levy, FHWA

4:45 — 5:00 Wrap-up of Day Two


Day Three: Thursday, May 8

8:00 — 10:15 Session 7: Indirect and Cumulative Impacts
This session will discuss the indirect and cumulative impact analysis under NEPA, ESA and other mandates. Discussions will include components for analysis, level of detail, responsibility, and mitigation. The goal of the session is improve participants understanding of how to effectively address indirect and cumulative effects concerns using the best available information.

  1. FHWA's Consideration of Indirect and Cumulative Impacts under NEPA
    • Brian Smith, FHWA
  2. Compare and Contrast of Indirect and Cumulative Impacts between NEPA versus ESA
    • Craig Johnson, NOAA
  3. Oregon — Guidebook for evaluating the indirect land use and growth impacts of highway improvements
    • Lori Sundstrom, Oregon DOT
  4. Open Discussion
    • Moderator — Brian Yanchik, FHWA

10:15 — 10:30 Break

10:30 — 12:00 Session 8: Programmatic Consultations This session summarizes the benefits, problems, and examples of programmatic consultation under ESA Section 7, EFH, NEPA. The anticipated outcome is for participants to become more familiar with different types of programmatic consultations.

  1. FWS HQ's Guidance on ESA Section 7 Programmatics
    • Michael Horton, FWS
  2. Example of Programmatic EFH Consultation
    • Dan Guy, NOAA
  3. Open Discussion
    • Moderator — Lamont Jackson, NOAA

12:00 — 1:30
Lunch on your own

1:30 — 4:40 Session 9: Mitigation/Conservation Measures
This session will outline the issues of mitigation under NEPA and the Clean Water Act, as well as Conservation Measures under Section 7 of ESA. Participants will discuss the topics of advanced mitigation, wetland mitigation, watershed approaches, and conservation banking.

  1. Conservation Banking
    • Mary Ann Rondinella, FHWA
    • Michael Horton, FWS
  2. Advanced Mitigation: Colorado's Short Grass Prairie Initiative
    • George Gerstle, Colorado DOT and Lee Carlson/Alison Michael, FWS
  3. Update on National Wetlands Mitigation Action Plan (WMAP)
    • Paul Garrett, FHWA

3:15 — 3:30 Break

3:30 — 4:30 Workshop Wrapup

  1. Summary of Workshop
  2. Next Steps and Follow-up Activities

go to table of contents


Appendix B — Survey

FWS and NMFS Streamlining Workshop for FWS and NMFS Streamlining Points of Contact

The goal of this workshop is to promote better understanding of environmental streamlining by all FWS/NMFS staff working on transportation project reviews, to identify solutions to issues that impede effective consultation on transportation projects and, to promote innovations that expedite timely environmental reviews and analyses of transportation projects. Ultimately streamlined approaches for transportation projects should result in improved ecosystem and wildlife habitat mitigation, protection and conservation.

Responses to the following questions will identify topics to be covered at the workshop. Please take a few minutes to provide us feedback. Feel free to coordinate this request with your state DOT counterparts.

We are also using the services of the Volpe National Transportation Systems Center so please send your input to Cassandra Callaway by email at callaway@volpe.dot.gov or by fax at (617) 494-3064 no later than September 16,2002.

QUESTIONS:

  1. Identify the top three areas of conflict between transportation agencies and FWS/NMFS that impede timely, efficient and effective ESA consultation, reviews and analyses of transportation projects.
  2. What process improvements or programmatic approaches should be discussed at the workshop (e.g., ESA-section 7, EFH, MBTA, NEPA, CWA-section 404)?
  3. What organizational, institutional or resource improvements within the FWS and NMFS should be discussed at the workshop (e.g., inter-program coordination, staffing levels, training) to expedite their reviews? What similar improvements may be needed within DOTs or FHWA?
    1. FHWA: How well do transportation agencies understand FWS and NMFS roles and responsibilities under NEPA? Under ESA? — Identify areas that need discussion/clarification.
    2. FWS/NMFS: How well do you understand the transportation planning and project development process and FHWA's responsibilities under NEPA? Identify areas that need discussion/clarification
  4. Identify surface transportation case studies or best practices that promote innovative, effective and flexible approaches to ecosystem and wildlife habitat mitigation, and protection, and conservation?
  5. What are the key components for successful FWS and NMFS coordination consultation and review of transportation projects?
  6. Do you have any recommendations for good speakers from FWS, NMFS, or FHWA or state DOTs?

Thank you for your input. We will continue to take into account the past and any future recommendations as we prepare for our January workshop. Please provide your input to Cassandra Callaway by email at callaway@volpe.dot.gov or by fax at 617-494-3064 no later than COB September 16th.

If you have any additional questions please call your FHWA Washington Office NEPA contact:

Lee Dong (CA, NV, AZ HI, NE, KS, IA, and MO)
Kreig Larson (AK, WA, OR, ID, MN, WI, IL, IN, OH, and MI
Ruth Rentch (NY, NJ, PR, KY, TN, MS, AL, GA, FL, SC, and NC)
Marlys Osterhues (MT, ND, SD, WY, UT, CO, NH, VT, ME, MA, RI and CT)
Dawn Whiteside (NM, TX, OK, AR, LA, WV, VA, PA, MD, DE, and DC)
202-366-2054
202-366-2056
202-366-2034
202-366-2052

202-366-5034

go to table of contents


Appendix C — Survey Responses

Questionnaire Responses from FHWA, FWS and NMFS Staff for the Environmental Streamlining Workshop for Fish and Wildlife Service (FWS) and National Marine Fisheries Service Staff (NMFS)




Report of Responses Submitted to the Volpe Center



Revised October 24, 2002


Number of FHWA Responses: 20
Number of FWS Responses: 20
Number of NMFS Responses: 3


Table of Contents

Agencies that Responded to the Questionnaire

Survey Responses to Question 1: Top Three Issues of Conflict

Survey Responses to Question 2: Process Improvements

Survey Responses to Question 3: FWS/NMFS or DOT/FHWA Improvements

Survey Responses to Question 4a: FHWA — Clarifications for FWS/NMFS

Survey Responses to Question 4b: FWS/NMFS — Clarifications for FHWA

Survey Responses to Question 5: Best Practices

Survey Responses to Question 6: Key Coordination Issues

Survey Responses to Question 7: Suggested Speakers



Agencies that Responded to the Questionnaire

Note: Number of respondents per agency appears in parenthesis.
FHWA Divisions & Resource Centers FWS Divisions NMFS Divisions
(1) Division — Arizona
(1) Division — Arkansas
(1) Division — Colorado
(1) Division — Georgia
(1) Division — Idaho
(1) Division — Indiana
(1) Division — Iowa
(1) Division — Montana
(1) Division — Nebraska
(1) Division — New Mexico
(1) Division — New York
(1) Division — North Carolina
(1) Division — Oregon
(1) Division — Pennsylvania
(1) Division — Western Federal Lands
(1) Resource Center — Midwest
(1) Resource Center — South
(1) Resource Center — West
(1) Illinois - Chicago
(1) Indiana — Bloomington
(1) Michigan — East Lansing Field Office
(1) Missouri — unspecified
(1) Montana — unspecified
(1) Ohio — unspecified
(1) Oklahoma — Tulsa
(1) Pennsylvania — unspecified
(3) Region 1 — unspecified field office
(1) Region 1 — Columbia NWR
(1) Region 1 — San Luis NWR
(1) Region 4 — Southeast
(1) Region 5 — Northeast (Maine)
(1) Texas — unspecified
(1) Texas — Austin
(1) Washington — unspecified
(1) WSDOT Liaison — unspecified
(1) Wyoming — unspecified
(1) West (1) West
(1) Northeast
(1) Office of Habitat Conservation
___________
18 Offices TOTAL
____________
18 Offices TOTAL
___________
3 Offices TOTAL

go to Appendix C table of contents

Survey Responses to Question 1 —

Top Three Issues of Conflict


FHWA
Division — Arizona
MBTA, mitigation, staffing at FWS, building trusting relationship

FHWA
Division — Arkansas
Communication, Communication, Communication — lack of understanding and respect for each other's mission and responsibilities; using the same terminology but the definitions, and applications, are different. One of our biggest concerns with FWS is everything is adverse with "hardline" positions. There does not seem to be any real consideration of the value of the resource or willingness to be flexible.

FHWA
Division — Colorado
  1. The state DOT gets behind schedule in submitting BAs for Section 7 consultation then is rushing the FWS for a BO.
  2. The state DOT fails to carry out the negotiated conservation measures, and wants to amend the BO just before construction is to begin.
  3. The state DOT assumes an action will be no effect, or not likely to adversely effect, and the FWS disagrees. The state has to prepare for formal consultation.

FHWA
Division — Georgia
  1. Overcoming past history and the problems and mistrust associated with that history.
  2. Agencies have differing missions and goals.
  3. Failure of transportation agencies to initiate ESA consultation early in the project development process.
  4. Amount of time required for review and/or decisionmaking capabilities of field-level resource agency personnel.

FHWA
Division — Idaho
  1. FWS/NMFS needs to work with FHWA and State DOT headquarters when they desire a change in procedures, not attempt to unilaterally impose changes. Approval and buy-in of FHWA should be gained before directing the state DOT to undertake new processes or procedures.
  2. Consistency of information is of critical importance. This includes information exchanged between individuals, from one meeting or discussion to the next, and from opinions expressed orally to opinions transmitted in writing.
  3. Mitigation measures, particularly if they are costly, should be developed based on clear science or logic, and not because something seems like a good idea (and do not attempt to hold DOTs responsible to do more if these "seem like a good idea" mitigation measures subsequently prove ineffective).

FHWA
Division — Indiana
The only concern in Indiana is related to the summer range of the Indiana Bat. Woodlots throughout the Midwest are summer feeding range for the Indiana Bat. In developing a new interchange for the Indianapolis International Airport, USFWS took the position that FHWA-IN and the local project advocates needed to mitigate for the 20-year growth area around the Indianapolis Airport ... thus the $5 million Habitat Conservation Plan (HCP). Our FHWA legal counsel does not believe that removal of trees when the bat is not present constitutes a "take". There were no trees within the footprint of our project that served as "nests" for the bat. The USFWS position is that if bats return from their caves in Southern Indiana, they may be stressed by not finding historical feeding areas when they return ... therefore, USFWS required an incidental take permit and extensive mitigation. For expediency, the project proponents agreed to the HCP, but FHWA-IN is concerned about the precedent. We look to legal decisions like "Arizona Cattle Growers' Association v USFWS" (http://www.ca9.uscourts.gov , Opinion 99-16102, dated 12/17/2001), where the US Court of Appeals for the 9th Circuit set aside a USFWS action, as arbitrary and capricious, due to insufficient evidence of a "take". FHWA-IN does not believe the USFWS biological opinion/incidental take permit demonstrates that "a take was reasonably certain to occur" or an "actual kill or injury" will occur by removal of trees in areas where bats forage. The Supreme Court has interpreted "take" to mean "an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patters, including breeding, feeding or sheltering" (50CFR17.3). Again, we do not believe that case has been made for the Indiana Bat summer foraging area ... in that case, removal of any woodlots in the Midwest may be construed as a "take."

FHWA
Division — Iowa
We are very fortunate in Iowa to be able to say that there have been no areas of conflict with the FWS/NMFS. We hope that continues.

FHWA
Division — Montana
  1. Permit violations on construction projects (not complying with terms and conditions)
  2. Late involvement in the NEPA process by resource agencies.
  3. State to state differences in administration of regulations

FHWA
Division — Nebraska
  1. Requests for exhaustive cumulative impact studies with meticulous details on projects on existing location or with limited impact.
  2. Requests for mitigation of all cumulative impacts.
  3. Requests that projects not be advanced.

FHWA
Division — New Mexico
  1. Boilerplate responses to initial consultation letters and logistical difficulties in setting up on-site field inspections, i.e., basically an unwillingness to meet in the field within a reasonable amount of time to discuss important issues regarding T & E impacts.
  2. No timelines for informal consultation.
  3. Basic lack of understanding regarding transportation projects.

FHWA
Division — New York
The top areas of conflict center around USF&WS staff unavailability, especially early in the process and lack of coordination between the Corps and USF&WS early in the 404 coordination process. When the State DOT negotiates with the USACOE and State Department of Environmental Conservation (NYSDEC), later concerns of EPA and USF&WS are harder to accommodate.

FHWA
Division — North Carolina
  1. Lack of understanding of legislation/regulations
  2. Lack of professional relationships between agency staffs

FHWA
Division — Oregon
  1. Timely completion of the ESA consultation process
    1. Improve communication between Headquarters and the field staff of agreed to emphasis areas e.g. National MOU on environmental streamlining,
    2. Reasonable compensatory mitigation in relation to the impacts of our proposed action e.g. removal of a dam was considered the best alternative by the Service for our transportation impacts,
    3. At times sensitivity of our staff to understand the reasoning for certain conservation measures e.g. shade from the trees on the bank is considered good but shade from our bridges or our work barge is bad, in-water work period, why is the 2-year high water mark so important, etc.
  2. From Oregon Department of Transportation's (ODOT) perspective the major area of conflict is the request for more project level detail by the regulators. The level of detail that they want to see is not always available during the consultation process. This is particularly true on Class 1 and 3 projects where FHWA would like to have a signed BO prior to the FONSI or ROD. Regulators are reluctant to base their Opinions on the Concept, Preliminary, or Type, Size and Location plans. They want to know exact placement of piers and quantities of fill/removal, and location and type of water treatment facility, etc. The lack of these details causes tension between the regulators and ODOT resulting in many calls and e-mails between the two and slows the consultation process.
  3. Another area of frustration for ODOT is the lack of recovery plans for all T & E species. If there were recovery plans ODOT could be using the plans to develop their mitigation strategies.
  4. NMFS mitigation requirements are not always reasonable. They frequently require 80 percent survival of plantings, or 80 percent areal coverage regardless of the surrounding vegetation coverage and natural recruitment. It's nearly impossible to get 80% plant coverage in a desert climate. Added to challenge is their no herbicide policy within 150 feet of the water making it tough for ODOT to get rid of invasive plants.

FHWA
Division — Pennsylvania
  1. The USFWS representatives do not seem to be solution oriented and are usually not willing to compromise for a solution that is balanced between project needs (especially a community's desire for safety improvements) and all environmental impacts. Personal opinions of USFWS representatives impede collaboration between FHWA/State DOT and other agencies. Likewise, it appears that personal opinions obstruct professional judgment.
  2. The USFWS representative's work outside their regulatory authority. This is a three-fold problem in that the representatives:
    1. Comment on traffic studies as part of the project need and often question, or furthermore, request additional information on subjects areas such as crash history, level of service and system continuity. These requests are usually unrealistic and only result in delaying timely completion of the environmental process and additional project costs.
    2. Misinform the public in isolated formats, separate from meetings conducted by the project sponsor. USFWS representatives have publicly reported inaccurate information concerning project needs and project alternatives analysis in regard to FHWA's role for a balanced decision, and misrepresented the USFWS limitation of authority. This type of activity is not conducive to an open working relationship. USFWS voices opinions well beyond their realm of expertise as a deliberate attempt to delay projects.
    3. Are in cohorts with state and federal permitting agencies in an effort to block road projects. Usually, their standing is unfounded and is not based on scientific conclusions.
  3. The USFWS representatives insinuate that projects would jeopardize the continued existence of a species without supporting data or scientific evidence. Often, the fear of USFWS partnering with permitting agencies to evoke the permitting agencies into denying a permit, causes the project sponsor to endure additional research costs and project delay.

FHWA
Division — Western Federal Lands
Coordination between transportation agencies and FWS/NMFS at appropriate time. Often early coordination does not occur in a timely fashion and valuable time is lost.

FHWA
Division — Western Federal Lands
  1. Transportation agencies do not recognize the extent of impacts from their highway projects and FWS/NMFS do not recognize the impractical/expensive features of proposed mitigation. Consequently, consultation takes much longer than anticipated.
  2. Project changes in the final design stage may require additional, time consuming consultation.
  3. Project changes during construction may require additional, time consuming consultation with real expensive results.

FHWA
Resource Center — Midwest
We need to initiate more programmatic agreements and conservation banks.

FHWA
Resource Center — West
  1. Time required to evaluate projects with regard to Endangered Species; 120 days is often too long to maintain project schedules.
  2. Lack of flexibility in mitigation measures, it is often easier, more cost effective and better for the species to mitigate off site, however FWS and to a lesser extent NMFS insists on in kind in place mitigation.
  3. Lack of cost benefit analysis in mitigation measures, lack of reasonable consideration of the costs of some of the mitigation measures that may only have marginal effect or not actually help the target species.
  4. Lack of available (short time frame) funds for applied research in areas that can support our case for reduced mitigation and for programmatic solutions.

FWS
Illinois — Chicago
Here are some suggested thoughts/topics on the workshop agenda.
  1. What are the limits of transportation agency authorities? What kinds of actions can you undertake to avoid and minimize direct impacts? What kinds of actions can you take to avoid or minimize indirect impacts? When do those authorities end? Having a better understanding of those limits would help FWS/NMFS make more meaningful recommendations.
  2. An explanation of how NEPA and the Endangered Species Act are fundamentally different (e.g., "no change" in existing conditions may satisfy or eliminate NEPA requirements, but an agency may still have unresolved ESA section 7 responsibilities).
  3. An understanding of which transportation agency is likely to be involved in a particular project.
  4. To what extent can land use planning and transportation planning be integrated to reduce overall environmental impacts? A case study here might be the TCSP Route 47/Kishwaukee River project. Contact Melinda Perrin of Conservation Research Institute at (630) 559 2047.

FWS
Indiana — Bloomington
  1. Lack of informed agency involvement for county highway projects.
  2. Changes in project design after early coordination that substantially affect wildlife habitat, without additional environmental coordination.

FWS
Michigan — East Lansing
  1. Change of scope, purpose and need
  2. Lack of coordination on endangered species surveys (species or habitat).Results of T/E surveys should be provided before DEIS stage. Identification early on of survey needs.
  3. Analysis of impacts/effects to T/E species.

FWS
Missouri
  1. Piece-mealing or segmenting large projects
  2. Section 7 consultation on all highway projects
  3. 4(f) considerations

FWS
Montana
  1. Lack of looking at the "big picture." We get so bogged down in project-by-project reviews that we do not often have time to address highway impacts from a broader and longer-term perspective (past impacts of highway construction and long-term presence on the landscape).
  2. Contractor issues: need more control of how contractors construct projects in sensitive areas.
  3. "Lack of money" to design and construct environmentally friendly highway structures (i.e., bridges) is often cited. Environmental concerns do not seem to be considered equally with other concerns like safety, hydraulics, level of service, etc. when design is generated.

FWS
Ohio
Lack of early coordination on projects; not enough focus on minimization of impacts to streams, wetlands, wildlife habitat.

FWS
Oklahoma — Tulsa
  1. Not enough information provided (project plans, aerial photos, potential re-alignment of channel, NEPA documentation)
  2. Section T workload of USFWS staff
  3. The designated federal agency sometimes does not understand their role in the Section 7 process. They are the ones who determine if the project may have impacts.

FWS
Pennsylvania
  1. (This applies to all three). Early submission of mapping and information of terrestrial and aquatic resources within the study area.
  2. For ESA coordination delays come due to time required to do surveys and limited dates within which surveys can be conducted.
  3. Poor communication between District offices and us.

FWS
Region 1
  1. Details on certain technical aspects of the project are missing from the BA, e.g. hydraulic or hydrologic information on flows, volumes, engineering designs or analyses.
  2. Shortage of expertise on reviewing engineering, e.g. coordination complexity.
  3. Too many last minute changes in design and details.
  4. Review time of upper management

FWS
Region 1
Incomplete Biological Assessments, missing information, incomplete analysis of effects

FWS
Region 1
  1. Alternatives Analysis under NEPA and 404(b)(1) guidelines
  2. Disagreements on methods used to address fish and wildlife impacts
  3. Disagreements on appropriate compensatory mitigation and monitoring protocols.

FWS
Region 1 — San Luis NWR
This office is a national wildlife refuge, and does not review transportation projects. But, we have been working with CalTrans (California Dept. of Transportation) on our own FHWA-funded (TEA) projects, and it has been the most bureaucratic process and agency I have ever dealt with in my 26-year career. So, I feel it is worthy of mention in this context. FHWA has been excellent to work with, and seem to be as frustrated as I am with CalTrans ... See item #3.

FWS
Region 5 — Northeast
  1. Lack of good data on natural resource impacts in a timely fashion
  2. Lack of understanding of ESA Section 7 consultation responsibilities; transportation agencies tend to put the entire burden on FWS/NMFS
  3. Design of compensation projects does not focus enough on replacing the lost wetland functions and values. Tendency is to just target the lost acreage and find something that is a wetland, regardless of type, functions, values, etc.

FWS
Texas
  1. Lack of mitigation offered for project impacts
  2. Inconsistency of environmental documents
  3. Incomplete environmental documents

FWS
Texas — Austin
  1. Workload
  2. Potential violation of ESA with lack of consultation on PSL's
  3. Ability to use innovative mitigation and compensation strategies

FWS
Washington
  1. Incomplete and/or insufficient information in Biological Assessments and NEPA documents. Documents frequently lack enough information on indirect effects and interrelated/interdependent actions to justify the proposed effect determinations or identification of preferred alternatives.
  2. Ongoing misunderstanding and disagreement surrounding the relationship between land use changes and transportation (i.e. secondary or indirect impacts).
  3. Lack of responsiveness to requests for more information. Responses are often defensive (i.e. an argument of why the information is unwarranted) rather than actual provision of the needed information or analysis.

FWS
WSDOT Liaison
  1. Missing information in the Biological Assessment and timeliness in getting the information that is needed.
  2. Indirect Effects/Interrelated-Interdependent Actions — the transportation/land use connection.
  3. Measures for minimizing impacts: maintaining the environmental baseline vs. mitigation.
  4. Phases and Segmenting.

FWS
Wyoming
  1. Early involvement, early coordination.
  2. Lack of communication between agencies.
  3. DOT meetings are not always the highest priority.

NMFS
West
  1. Interpretation of ESA, especially indirect effects analyses.
  2. Sufficient data in the BA
  3. Sufficient conservation measures to minimize effects.

NMFS
Northeast
We (in Milford, CT, working in NY, CT and RI) do not seem to have the same types of problems being experienced on the left coast. It MAY be the ESA species or the nature of the projects? Perhaps the differences reflect the programmatic evaluation/interface structures in use in the areas (see my responses). It clearly reflects the isolation of the various regions. We use the Highway Methodology and a good working relationship with our counterparts. In looking at what Lamont sent as an example, my responses may indicate we may be on different planets, not different coasts!
  1. No outreach/coordination preceding the NEPA process initiation
  2. Insufficient data in the BA
  3. Failure to mitigate for impacts.

NMFS
Office of Habitat Conservation
  1. FHWA's lack of general understanding of NMFS' role in transportation projects. NMFS has a role to play in transportation projects beyond ESA.
  2. Conflicts with USACE 10/404 permitting process and associated EIS and FHWA's approval process.
  3. Identification of reasonable alternatives.

Frequently Cited Responses:

FHWA:
  1. Lack of trust and communication between agencies, unwillingness to compromise
  2. Lack of timeliness and reliability of performance by staff at other agencies
  3. Excessive demands for mitigation from environmental agencies, sometimes without logical explanation
  4. Lack of appreciation for transportation issues in environmental agencies

FWS:
  1. Lack of timeliness and reliability of performance by staff at other agencies
  2. Lack of understanding at transportation agencies of large-scale regional land use issues — excessive focus on project-by-project transportation needs
  3. Unwillingness to provide support for environmental mitigation
  4. Lack of understanding of environmental issues — particularly relating to endangered species — and the need for appropriate and sufficient environmental data

NMFS:
  1. Lack of understanding of endangered species regulations
  2. Lack of sufficient data
  3. Lack of sufficient support for mitigation

go to Appendix C table of contents

Survey Responses to Question 2 —

Process Improvements


FHWA
Division — Arizona
Programmatic approaches to mitigation for certain species and permitting for MBTA issues

FHWA
Division — Arkansas
We are working on a programmatic approach for compensatory mitigation with USF&WS. If this comes about it will facilitate project development.

FHWA
Division — Colorado
  1. Programmatic section 7. We have one that is based on the state's 20-year plan. It is called the Shortgrass Prairie Initiative. In the development of this programmatic, the FWS was extremely helpful and cooperative.
  2. Another item to discuss is Endangered Species Mitigation Banks. We have a Prebles Meadow Jumping Mouse Conservation Bank. Here again, the FWS was very cooperative, and really pleased with the results of our construction work to create the habitat. We have not developed what I think would be a really sound means of dealing with the MBTA, so that would be a good topic.
  3. Also a better fit between NEPA, 404 and ESA would be helpful. I am very encouraged that in the past two plus years the FWS has been very willing to step-out-of-the-box with us, and create some truly innovative ways of conserving the species. Ways that do more for the environment with less paperwork and fieldwork. I'd like to see them acknowledged for that. I can send you some materials on our projects, if you want to use them.

FHWA
Division — Georgia
  1. Pursuit and implementation of Section 7 programmatic agreements and/or programmatic BA/BO.
  2. Lack of guidance from FWS on MBTA.
  3. Improvements to existing NEPA/404 Merger Agreements/Process.
  4. Delegation of decisionmaking authority to Resource Agency field-level personnel.
  5. Lack of Resource Agency understanding and/or buy-in of environmental streamlining principles and/or goals.

FHWA
Division — Idaho
  1. NEPA/404 Merger, Section 7
  2. Species specific programmatics with defined criteria and mitigation

FHWA
Division — Indiana
INDOT has an early coordination programmatic with USFWS that establishes — standard mitigation and significantly reduces the number of projects where early coordination with USFWS

FHWA
Division — Iowa
We have in place a NEPA/404 merged process that has been very effective. We have an informal agreement that we will soon be formalizing regarding ESA section 7 processing. We'd like to see discussion of Section 7 programmatics.

FHWA
Division — Montana
Currently, most wildlife mitigation is carried out on a project-by-project basis. For many species this limited distribution of mitigation opportunities does not provide adequate conservation options. Some species occupy very large natural ecosystems, and have habitat requirements that span large geographical areas. For these species an ecosystem level approach is required. A project-by-project approach perpetuates ecosystem fragmentation.

FHWA
Division — Nebraska
ESA, MBTA

FHWA
Division — New Mexico
  1. ESA — Section 7
  2. NEPA reviews
  3. Cooperating Agency status

FHWA
Division — New York
Clear guidance is needed on Essential Fish Habitat; Programmatic use of Natural Heritage "Red Flag" maps ESA T&E species location on CE projects not liable to have detrimental effects on species.

FHWA
Division — North Carolina
Need to stress the need to specifically address EFH and MBTA in environmental documents.

FHWA
Division — Oregon
  1. Discussion at the national level of the continued use of programmatic agreements, programmatic BA's, batched BA's, and how should they be used.Should their use be increased, what other strategies can be employed to reduce the workload at the Service? Are best management practices shared among different USFWS/NMFS regions of the country?
  2. Also the lack of a permit process for MBTA is causing problems for ODOT. They cannot effectively exclude birds from nesting on most of their bridges — especially the large ones. Thus the bridges have lots of nests, there is no effective process for 'take' under the MBTA. USFWS has advised ODOT to coordinate with them and they will do field visits with ODOT but will not put anything in writing that would serve to protect ODOT.

FHWA
Division — Oregon
Process Improvements —
  1. Establish clear and absolute roles and responsibilities for all agencies under ESA.
  2. Discuss the formation of a national database, accessible to agencies beyond USFWS, that would contain T/E specie critical habitat areas so that project designers would have this information in the early stages of project development. Pennsylvania is contemplating a statewide database such as this but the lack of cooperation among the agencies is thwarting its probable success.
Programmatic Approaches (possible needed) —
  1. Discuss the MBTA, the pending MOU, and how it relates to NEPA and Title 23 limitations.

FHWA
Division — Western Federal Lands
  1. NEPA for Categorical Exclusions.
  2. Section 7 ESA would seem appropriate for this workshop

FHWA
Division — Western Federal Lands
The project schedule should provide the FWS/NMFS the opportunity to visit the project site before consultation is complete.

FHWA
Resource Center — West
  1. I think we need to renegotiate the NEPA 404 agreements or at least redefine them. I have not seen them work the way they were expected to. The problem seems to be that the resource agencies use the agreement as a means to veto projects that do not meet their criteria, and to hold up projects that do not incorporate their purposes in the purpose and need statements. Instead of fostering discussions, negotiations and agreements early in the process it is used to hold project hostage until the project incorporates often unwarranted enhancement measures into the purpose and need statement. We always have the ability to option out of the agreement, but that is rarely done once the process is started. The call for early discussion and incorporation of agency views into the planning process is just good planning, but it is the perceived mandatory concurrence that causes the problem. We should change the requirement for concurrence to one of requiring agency input, acknowledging and addressing agency concerns early in the process (and through out the planning process).
  2. Safe Harbor type agreements: We need to be able to be proactive in establishing T&E species on highway ROW and adjacent land, and yet preserve our options in the future to relocate/remove or manage these populations. Safe Harbor type programmatic agreements can accomplish this. By being proactive in using highway property, we can set up mitigation banks for species that do not require a lot of range (like VELB, fairy shrimp and kangaroo rats, plants etc.) and that benefit the species without eliminating our ability to use the area in the future. By being proactive, and through careful negotiations we should be able to alleviate some of the delays in projects due minor impacts to populations of endangered species or species of concern. An example is the perceived impact of some minor widening projects and even stream crossings on elderberry bushes and the presumed impact on Valley longhorn elderberry beetles (velb) . If we could get a safe harbors agreement that would allow us to manage elderberry bushes on our projects we could plant them at large numbers of suitable sites on and adjacent to our projects and use them where appropriate in landscaping. We could even introduce VELB into the plantings to assure its recovery. With a safe harbor type agreement we could latter remove if required by a future project some of the elderberry bushes (and velb) and make our best efforts to replace it, . just use some of our enhancement plantings as credit for its removal. We get better management of our ROW, The species get much enlarged habitat, and FWS has gained hundreds of acres of protected and managed VELB habitat. The key is an airtight agreement with FWS that allows us to introduce T&E species onto highway ROW without that introduction preventing our use of the area later in time.

FHWA
Resource Center — West
ESA is always an issue, but we could focus on a proactive "safe harbors" type programmatic approach for certain FHWA funded projects. If we can develop air tight agreements with FWS on programmatic "Safe Harbor" agreements that allow us to introduce T&E species on project ROW as enhancement and advance mitigation without the problems they entail down the road when the project sponsor needs to move them, we could eliminate most of the time required to reach a section seven non jeopardy decision opinion. MBTA has not been much of a problem so far. NMFS has made EFH pretty easy, does not seem to be a problem unless it is ignored. CWA 404 permits would benefit form more nationwide and regional permits and we should aggressively pursue these. The way we do NEPA should be overhauled to incorporate the planning that the locals do prior to their being a defined federal project. NEPA needs to start as soon as the locals establish that there is a project that "may qualify" for federal funds.

FWS
Indiana — Bloomington
  1. NEPA — categorical exclusions.
  2. Exceptions to AASHTO standards for significant environmental issues.

FWS
Michigan — East Lansing
  1. MBTA — This is rarely addressed in EIS/EAs
  2. ESA — Section 7: Informed consultation/concurrence could fit into NEPA process more smoothly.
  3. NEPA — Better coordination regarding early input on potential resource issues/impacts. Technical reports should be provided as early as possible.

FWS
Missouri
  1. Programmatic consultation for Section 7 under the ESA
  2. NEPA/Section 404 merging process — limited success in Missouri
  3. Compensatory mitigation through mitigation banks
  4. Increased staffing for FWS to review Highway projects

FWS
Montana
  1. FHWA responsibilities under section 4(f) of the Transportation Act
  2. Discussions regarding ESA Section 7 programmatic consultations would be very useful. In addition, another helpful discussion would be one regarding MBTA and how folks are handling issues related to migratory birds nesting on highway structures (i.e., bridges, culverts, signs, etc.) that need replacing, nests in vegetation adjacent to highways that are subject to spraying, mowing, construction impacts, etc.

FWS
Ohio
MOA's for projects with minimal impacts

FWS
Pennsylvania
  1. Use of programmatic agreements on ESA issues (small projects, bride replacements, safety improvements). Discuss what works, things to watch for in writing them, problems in implementation, oversight of their use.
  2. Standard practices and standard design criteria for things like fish passage, wildlife movement under roads, terrestrial/aquatic mitigation.

FWS
Region 1
  1. Knowing what programmatics have been done and/or are being worked on throughout FWS.
  2. Definitely MBTA
  3. ESA — tracking and monitoring reports, especially examples of effectiveness or validation monitoring. What are we really learning from our monitoring reports. Are we being effective in what we are asking to monitor.

FWS
Region 1
We are just entering into the programmatic biological assessment arena for transportation projects. I would like to hear a discussion on the use of programmatics, how to enumerate take based on the use of the programmatic concepts, how to evaluate program activities that may be covered under a programmatic for impacts since the actual project is not described, just the type of activity and potential impacts in general, etc. I would like to hear from offices that have used programmatics for transportation projects, what has been covered, how was take enumerated, how were the programs covered under the programmatic considered for potential impacts, were all of the program activities proposed by the transportation agency incorporated in the consultation, what would they change if they had to start the programmatic process over again.

FWS
Region 1
ESA-section 7, EFH, MBTA, NEPA, CWA-section 404


FWS
Region 5 — Northeast
All of these programs could benefit from discussions of how to improve the processes. EFH is a particular struggle for the transportation agencies in Maine.

FWS
Texas
Our office reviews numerous bridge replacement projects each year, the majority of which do not involve stream channel work and only minor effects to the other resources. They are usually submitted as a "Categorical Exclusion& and we often do not provide comments. These minor projects may be worthy of a programmatic EIS or consultation.

FWS
Texas — Austin
  1. Mutual GIS database
  2. Biological evaluations for all projects with listed species or EFH
  3. Appease and educate national association of highway contractors and/or AASHTO

FWS
Washington
  1. In our region we are trying to engage transportation agencies and local governments in conversations regarding the need for regional planning and development of HCPs. Local governments could develop regional planning processes for ESA compliance. These processes would combine Growth Management Act and ESA requirements, culminating in the implementation of multi-species HCPs on a city/county basis. This would provide certainty to transportation planners and developers in understanding the constraints, opportunities, and conservation measures necessary to adequately conserve listed species associated with transportation and development actions.
  2. Streamlining NEPA through the Section 404 Merger Process — Success stories from early involvement.
  3. Consultations on long-term transportation plans. Are there any examples?

FWS
WSDOT
  1. Regional — Planning/HCP's/ Programmatic (NEPA/ESA)
  2. Watershed — Planning/ HCP's /Programmatic (NEPA/ESA)
  3. Programmatic approaches on the 20/10/6/2-year transportation plans — by region/watershed/ DPS-ESU-subpopulation (NEPA/ESA)

FWS
Wyoming
  1. FWCA process
  2. MBTA process
  3. CWA Section 404

NMFS
West
Section 7 consultation requirements and EFH-and the use of existing programmatic BAs

NMFS
Northeast
Project coordination and pre-application screening under the umbrella of the Army Corps of Engineers Programmatic General Permit Procedures (in use throughout the New England states for over five years). I LOVE it and so do the other players!

NMFS
Office of Habitat Conservation
Before addressing this question, there needs to be an understanding of how the USACE and FHWA generally interact with projects.

Frequently Cited Responses:

FHWA:
  1. Need for improvements to the NEPA/404 merged process
  2. Need for rethinking of programmatic agreements
  3. Need for reconsideration of Section 7 and some other aspects ESA ("safe harbor" agreements)
  4. MBTA


FWS:
  1. ESA — Section 7
  2. Need for rethinking of programmatic agreements
  3. Need for project coordination, particularly where it will allow for regional discussions about habitat management
  4. MBTA

NMFS:
  1. ESA — Section 7
  2. Project coordination

go to Appendix C table of contents

Survey Responses to Question 3 —

FWS/NMFS or DOT/FHWA Improvements


FHWA
Division — Arizona
Staffing at FWS is an issue. Arkansas is considering funding a position in the Field Office FWS to handle AHTD (DOT) projects. Joint training.

FHWA
Division — Arkansas
Early involvement by agencies is still a problem on many projects due to staffing — levels, or lack thereof. It is not only the reviews but also the time to go out to the site and "walk" the project. FWS/NMFS does not always have the travel budget or the time to do a site visit of the proposed project.

FHWA
Division — Colorado
There is a full time biologist from CDOT assigned to the FWS, which speeds up review time, and facilitates discussion on innovative projects. More of this time assistance is needed. Perhaps the FHWA should fund positions at resource and regulatory agencies off the top, before funds are allocated to DOTs., as there is so much reluctance to funding them on local levels. Also, if there were funds for FWS to travel to streamlining conferences to participate in them with their state counterparts, that would be helpful to getting acceptance of new ideas across the board.

FHWA
Division — Georgia
  1. Staffing levels and decisionmaking authority.
  2. Unwillingness to compromise and/or look for a potential win-win situation.

FHWA
Division — Idaho
  1. Prompt responses to requests. Defined response times and review times.
  2. We also need to understand the organizational structure of the Services, both within our state and at higher levels.
  3. What is the process for elevating issues to get resolution?
  4. What is the "base" level of service? What service would be provided if there were no funded positions?
  5. Participation in meetings and providing meaningful input during project development is critical.
  6. Adequate staff and time needs to be planned for.

FHWA
Division — Indiana
We are quite satisfied with the USFWS responsiveness and participation in project development

FHWA
Division — Iowa
See our answer to 1. above. No further comment

FHWA
Division — Montana
Staffing levels at the FWS continues to be a problem.

FHWA
Division — Nebraska
  1. FWS-Appoint state and regional coordinators for streamlining initiatives and require that they be known and available to State & Federal Transportation agencies and that they be knowledgeable of streamlining legislation.
  2. FWS-An agency policy that is distributed to the field staff that streamlining is an emphasis area of Congress.

FHWA
Division — New Mexico
  1. Increased training opportunities
  2. FWS input at the planning level, meet on the STIP

FHWA
Division — New York
Cross training of resource agency and DOT staffs — USF&WS training in Basics in Highway Design constraints and DOT training in USF&WS and NMFS rolls.

FHWA
Division — North Carolina
All sections of NCDOT that manage projects should be trained in the various laws/regulations involved in the project development process

FHWA
Division — Oregon
  1. The Service agencies should increase their early coordination efforts with the MPO's planning activities to insure that the urbanized areas plan and develop to avoid sensitive resources. Infrastructure development including transportation facilities should be done in concert with the natural resources and in most cases transportation is playing catch-up, which results in our placing, needed transportation improvements in sensitive natural areas.
  2. Increased training on both the Service agencies and the State DOTs to learn each other missions and a greater sensitivity toward each other's missions and resources.
  3. ODOT would like to see the Services ESA training programs offered to the DOTs. Also they would like to see the personnel from the Services be required to spend time in the field to gain a greater understanding on construction techniques and methods.

FHWA
Division — Pennsylvania
Organizational improvement
  1. Site DOT staff, who is versed in ESA and the mission of USFWS, at USFWS field offices to work on transportation projects. This staff would be a conduit for USFWS consultation but would posses the knowledge base of Title 23 limitations, NEPA, and FHWA implementing policies.
Institutional improvement —
  1. USFWS needs more biologists with a focus on ecology to perform research and provide results to gain knowledge in a holistic, ecological view. Currently the Pennsylvania Division Office authorizes over $1 million annually on research that is requested by USFWS for specific species. No feedback from USFWS is provided that could help FHWA/State DOT make informed decisions on future projects or author programmatic agreements for specific species or regional ecology.
  2. Ecological mitigation banks should be sought with cooperation from state DOTs. USFWS should operate with the theory that all critical habitat can not be saved; however, some areas can be saved. Therefore agencies' resources, time, and funding should be targeted to those which areas have the most ecological benefit.
Resource improvement —
  1. Create/enhance training for USFWS in the fields of transportation project development process, NEPA, and FHWA's role in implementing NEPA. This training should be targeted to the field personnel. USFWS representatives who review transportation projects should be trained on how to be helpful with the project development process within their framework of jurisdictional authority. Training in ESA and FHWA's role in implementing it should be taught to FHWA field personnel.
  2. Create a database that is secure yet accessible to those who could benefit from early information concerning species and critical habitat. This information should be available to MPOs and regional planners for early input on the design, scope and scale of future projects.

FHWA
Division — Western Federal Lands
"Most of my conflicts occurred when NMFS/FWS would not comply with their own regulations — especially concerning response times. Insufficient staff to maintain schedules/follow their own regulations is a poor excuse. If they have insufficient staff to comply with their own regulations, their demanding processes should be streamlined until they can comply. Also, their thresholds for adverse effects are unreasonably low further complicating the consultation process." These comments are worth passing on, but let me offer my spin on it ... Over the years, insufficient staff at the FWS/NMFS have commonly created coordination problems and scheduling conflicts on our projects. During the past year or two, those kinds of problems are more spotty, because transportation liaisons have been established at the FWS/NMFS Offices in many of the 6 states that we work in ... and the workload is being better addressed (liaisons are probably the most effective environmental streamlining practice to date). Even so, the turnover problems and workload issues are still real in some offices in transportation agencies too. Some FWS/NMFS offices (the people) can be very conservative in their impacts assessment/effect determinations ... The science is not very advanced in some subjects, so natural resource folks opt for very environmentally friendly positions in consultations ... this can be real difficult, impractical and expensive to deal with from an engineering standpoint.

FHWA
Division — Western Federal Lands
Cross-training. Employees from FHWA residing in FWS and vice versa for a few months to understand the other agency better.

FHWA
Division - Western Federal Lands
A lot of folks on both sides need more training and experience on how highway projects impact natural resources and what are practical, effective and affordable mitigation for such impacts. Cross training would help.

FHWA
Resource Center — South
One issue that I'm beginning to realize is in the longevity of project managers and agency representatives. Both with FTE's placed in resource agencies — for limited terms, and the high-turnover rate in state DOT professional environmental staff.

FHWA
Resource Center — West
Better communicate our ability or rather lack of ability to control/influence local planning and resource agency perception of the role of highways in induced and cumulative impacts.

FHWA
Resource Center — West
  1. We should offer PDP interns in both agencies a 3- month cross training assignment in the other agencies.
  2. We need to encourage and if necessary demand early coordination and engagement of the resource agencies in our planning process, especially ROW evaluation.
  3. We need to make clear that while FWS has a different mission form ours it is a federal mission and we can not just criticize one another or veto projects, we and they have to be creative and offer solutions. That requires cross training and understanding the other agencies mission and methods.

FWS
Indiana
  1. Transfer funding to FWS to compensate for staffing deficiencies.
  2. Technology transfer from FHWA to state DOTs for wildlife/habitat enhancement (e.g., wildlife Bloomington passage, roadside paintings.)

FWS
Michigan — East Lansing
  1. FWS: staffing levels, DOT-funded positions
  2. FHWA/DOT: ESA — Section 7 training

FWS
Missouri
  1. FHWA environmental streamlining web site is valuable. The CMFO and Missouri Dept. of Conservation is developing a web site to provide heritage data info., BMP's , resource guide sheets, NWI info., etc., to be used by government agencies and the public.
  2. Staffing levels — CMFO devotes less than 1/5 of one FTE to review of FHWA projects and rarely participates in scoping. FHWA has been supportive to dedicate up to two FTE's but the state MoDOT will not support it.

FWS
Montana
More staff at the DOT level would be great so they could monitor projects during and after construction to document compliance with environmental commitments. Similarly, if FWS had more staff, we could perhaps deal with issues on a larger scale than merely project-by-project.

FWS
Ohio
  1. Encourage TEA-21 funded positions for FWS through state DOTs. We review hundreds of DOT projects every year and this could be facilitated and improved upon if we could have a position dedicated to reviewing these projects.
  2. Additionally, we would appreciate earlier coordination on projects, even at the purpose and need stage.

FWS
Oklahoma — Tulsa
Training with both FWS and FHWA staff present.
FWS
Pennsylvania
Need more cross-training between resource agencies and DT personnel. We need to know more about how engineers plan highway projects and the engineers need to know more about our concerns and obligations under various Acts (See 4(f), historic preservation, highway design criteria, safety criteria, capacity calculations and projections, levels of service calculations, geotechnical constraints, sediment/erosion controls, EJ issues, ESA, FWCA, NEPA, CWA, MBTA, state regulations/laws).

FWS
Region 1
  1. DOT have limited capability to assess wildlife impacts on a landscape level, particularly when the planning, analysis or information needing effort would best be done at a landscape level. This often relates to DOTs inability to associate costs too directly and inherently with one project. Even when the benefit may carry to several future projects, it is often not possible to spend monies on those future projects and too expensive to charge to the one existing ongoing project where monies can be spent. As a result, good comprehensive studies cannot be done well in advance of the time when the data is needed. By the time the data is needed and funding come, you may be into expediting mode which makes it impossible to do the study that was needed.
  2. Oversight of contractors and consultants when project dollars are handed over to a local agency.
  3. Increase our ability to know what other complex consultations are being worked on by our colleagues.
  4. DOTs may be able to influence the availability of certain plant stocks if they took a more active role in assessing needs early.
  5. Increase knowledge of state of the art techniques, their pros and cons.
  6. How to get the technical details into the project sooner? Determine whether bioengineering is feasible earlier in the process.

FWS
Region 1
Guidance that is appropriate for transportation projects, both for the use of programmatics but also for effects analysis such as growth induced by transportation projects, effects on listed species as a result of project activities (such as effects on ecosystem from in-water work that could possibly increase sedimentation), potential types of monitoring (implementation, effectiveness, and effects) that could be installed in a BO as either T&C or RPM that produce worthwhile information for analysis of future projects.

FWS
Region 1
Inter-program coordination, staffing levels, training Need better up-front work on resource inventory (GIS/data base), better cumulative effects information (GIS/data base), early avoidance of impacts through NEPA, better stormwater guidelines, guidelines for habitat banking for wetlands and threatened and endangered species, better guidelines for compensatory mitigation, compliance monitoring (compliance, effectiveness, validation), long-term in perpetuity protection of mitigation sites.

FWS
Region 1 — San Luis NWR
A year ago, I notified CalTrans that we had been funded for two turn pockets onto our national wildlife refuge with FHWA/TEA money, and was seeking and encroachment permit to do the work. The CalTrans project managers and engineers suggested adding our minor projects (funding = $250,000) to their large highway improvement project scheduled to go to construction in 2004. That certainly seemed to be the most cost-effective and expeditious way to handle the project — turning the funding over to CalTrans (often done) and having them handle all design, engineering, and contracting. And, it was indicated that an encroachment permit from CalTrans would take just as long; so, with time being the only thing to lose by linking projects, that became a non-issue. But, their environmental review people had problems with the concept because they would have to amend what work was already completed. A YEAR LATER, they have not decided yet if they want to add our minor turn lanes! There ARE NO environmental issues; I personally went to all the sites that they claimed were wetland fills (roadside ditches) and measured the size and extent of vegetation. It is mostly upland vegetation — with a lot of upland weeds. Together, the wetland plants comprise about 1/10th of 1 acre; in these "wetlands" full of oily water run-off and blown-out truck tires. Over a year ago, I documented to FHWA that we are in the midst of restoring 1,500 acres of agricultural lands to prime wetlands within 5 miles — and this certainly should be mitigation enough, if that indeed was even necessary. Archaeological review was already completed by CalTrans for their major project on their entire right—of—way — no issues there. We are now at risk of losing $250,000 of badly-needed money — for projects that can not be funded in any other way — and, have lost opportunity for additional funding for 4 more turn pockets. In the meantime, near-fatal accidents continue to occur when people are rear-ended trying to turn onto the refuge. This is the most ludicrous — and damaging — bureaucratic hold-up I have ever experienced.

FWS
Texas
Perhaps the forthcoming rule regarding incidental take by federal agencies under the MBTA should be discussed. It has the potential to slow down the process and may require additional staff and training.

FWS
Texas — Austin
  1. Review annual State DOT work projects and identify areas of greatest concern.
  2. Help write up compliance handbook for contractors.

FWS
Washington
  1. Examples of successful liaison programs between FHWA/State DOTs and the Services.
  2. FHWA's role as lead federal agency. Need for FHWA staff with ESA expertise to ensure compliance and that Section 7(a)(1) responsibilities are being met.
  3. Services should be more involved with training of FHWA and State DOT staff in regard to Section 7 and NEPA impact analysis on natural resources. Investment of our time up front would save a great deal of time in the long run.

FWS
WSDOT Liaison
  1. FWS and NMFS — more staff, more science, more coordination (could this be institutionalized like a check sheet/coordination report)
  2. DOTs and FHWA — FHWA needs to have more/better oversight on activities and attitudes portrayed by DOTs with non-federal status — perhaps development of an agreement of expectations that include a code of conduct.
  3. Services and FHWA/DOTs — ways to institute a paradigm shift from "us against them& to "working together" — finding common ground — what is it?, and developing a better under standing of the Section 7(a)(1)

FWS
Wyoming
  1. Often FWS biologists in the same office do not know who is working on which DOT project.

NMFS
West
Agency coordination meetings with FHWA-NMFS-FWS in WA State and Transportation Team coordination with WSDOT.

NMFS
Northeast
.We need people to move the work and training to standardize our evaluations and subsequent solutions. We operate in a head-down mode with little national perspective. This makes us arbitrary and potentially capricious.

NMFS
Office of Habitat Conservation
Suggest looking into North Carolina programs, which have been successful.

Frequently Cited Responses:

FHWA:
  1. Need for additional staffing at environmental agencies to handle the timely review of transportation projects
  2. Need for cross-agency training in streamlining and other initiatives
  3. Need for better early coordination between environmental agencies and transportation planning — involve MPOs

FWS:
  1. Insufficient staffing at FWS
  2. Need for cross-agency training in streamlining and other initiatives
  3. Management of contractors
  4. Need for better coordination between agencies to improve environmental outcomes and conserve resources

NMFS:
  1. Insufficient staffing at NMFS
  2. Need for better coordination

This question was directed at FWS and NWFS, but responses were also received from FHWA.

go to Appendix C table of contents

Survey Responses to Question 4a —

FHWA — Clarifications for FWS/NMFS


FHWA
Division — Arizona
DOTs need to understand that Section 7 consultations are a federal agency responsibility.

FHWA
Division — Arkansas
We believe that it is important for all agencies to understand each other's mission, roles, and responsibilities; to respect differences and try to find a solution that will work for all. I have found that oftentimes we use language but it has different meanings to the different agencies — for example, the definition of mitigation in Section 7 as well as the definition of cumulative impacts (there is a distinct difference in terms of how FWS and FHWA staffs are being told how to address cumulative impacts — review the regulations, Section 7 and 23 CFR 771 for specifics). FHWA and FWS will never come to an agreement on those areas unless there is consistency in definition and application. We may not always agree on things but we should be able to come up with an equitable solution that will satisfy everyone's basic needs.

FHWA
Division — Colorado
I think those responsible for developing consultation understand. They often seem to forget FHWA's role, and want to leave us out of the consultations.

FHWA
Division — Georgia
In my opinion, transportation agencies understand the Resource Agencies' roles, however, the transportation agencies have trouble seeing the potential common ground/linkages between agencies and/or are reluctant to suggest or pursue these issues as "that would different than the way we've always done it."

FHWA
Idaho
  1. We have recently acquired several documents that are helpful in clearly explaining these responsibilities, including the Endangered Species Consultation Handbook (published by FWS and NMFS), and a binder presenting species lists and evaluation procedures for T&E species in the state prepared by the local office of FWS. A concern was that FWS was not very forthcoming about this (or other) information available to assist us in understanding the process and requirements. This information was prepared some time ago and not made known to us until it was referred to incidentally at a meeting with the resource agencies.
  2. FWS/NMFS do not appear to be consistent in following 50 CFR. When FHWA/State inquires about the regulatory basis of various issues, CFRs are not cited (request is disregarded or brushed off with an unresponsive answer).

FHWA
Division — Indiana
Agency missions and roles are well understood and there is an efficient engagement and use of agency time and resources. We host annual "Interagency Coordination Meetings" where we discuss the status of all major actions. "Indiana's Streamlined EIS Procedures" provide a structured mechanism to engage USFWS in P&N, alternatives screening, and preferred alternative to assure issues are addressed early (see EIS Procedures at www.fhwa.dot.gov/indiv (FHWA-IN website) under "Policies and Procedures").

FHWA
Division — Montana
Transportation agencies could be better informed about FWS responsibilities

FHWA
New Mexico
  1. NEPA is understood to the degree that transportation agencies routinely send letter to FWS.
  2. ESA is not well understood, and good flow chart or decision tree would be helpful.

FHWA
Division — North Carolina
Most of NCDOT seems to have a good understanding of the roles of the agencies, but some of the sections that are outside of the "normal" project development process may have little or no understanding

FHWA
Division — Oregon
I believe except for the environmental staff the rest of the State DOT do not know what is required to advance their highway project under NEPA and ESA. The DOT staff just knows that their projects have to go through NMFS/USFWS and they place restrictions on the time they can work in the streams and the compensatory mitigation will add cost to their projects. Additional training or maybe a primer to educate the State DOTs might be helpful.

FHWA
Division — Pennsylvania
All transportation agencies need to have a continual training course or access to a video library for ESA. Staff turnovers and inexperienced project managers (at the DOT and consultants) are not well versed in ESA. Therefore, decisions often are made that are not in concert with ESA regulations, deals are brokered, and public funding is spent on activities that are truly unwarranted.

FHWA
Division — Western Lands
A better explanation of the difference in responsibilities between FWS and NMFS and when it is appropriate to contact each agency.

FHWA
Division — Western Lands
Many transportation folks still look at NEPA and ESA as an obstacle rather than an opportunity to make a better project. Considering the high turn-over of personnel, more transportation managers (at various levels) are less knowledgeable and sympathetic about environmental compliance today than a decade ago.

FHWA
Resource Center — West
We at the resource centers and at the division level and at the State DOT level understand it very well I think. Local (county) agencies probably less well. And of course there is always a staff turnover problem. I think there is a more profound misunderstanding of the FHWA role in local planning by the resource agencies.

FWS
Indiana — Bloomington
State DOTs understand FWS role well at some levels, but it does not always get conveyed to other agency levels (e.g., District Offices)

FWS
Montana
I do not think transportation agencies have a very good understanding of FHWA's responsibilities under ESA Section 7(a)1. Overall, I think the DOTs environmental staffs have a good understanding of ESA and NEPA, but their design and construction engineers do not have a very good understanding of their agency's responsibilities under these statutes.

FWS
Ohio
FWS feels that in OH, FHWA has a pretty good understanding of FWS and NEPA. Further emphasis on addressing cumulative effects of projects is necessary to ensure that long-term impacts of highway impacts are being considered. Roads, etc. can have very significant impacts when constructed in previously undisturbed areas.

FWS
Pennsylvania
  1. Consultation process.
  2. Alternatives analysis.
  3. Purpose and need.

FWS
Region 1
  1. Under what circumstances would FWS ever issue a MBTA permit for take to a DOT? When has this ever been done and what were the circumstances? And if there are any migratory bird impacts. Is it possible for a project where there may be impact to migratory birds or a need for a MBTA permit to still qualify for a categorical exclusion or must it then be kicked up to needing at least a EA at that point?
  2. What we can or cannot do with migratory birds? If CCAAs, Safe Harbor, HCPs included migratory birds and some component of take, would a permit under MBTA still be needed?
  3. New Executive Order Bush signed on September 18: Who will be the FWS and NMFS representatives on the "TransInfrastructure Streamlining Task Force" that is created as a result of this EO.

FWS
Region 1
Washington State DOT has individuals that are very competent in the understanding of responsibilities that do produce ESA and NEPA guidance for their staff. Use of that information by their staff is a continuing process.

FWS
Region 1
I think Oregon Department of Transportation understands them well since we have been working collaboratively in a collaborative agreement on environmental and transportation streamlining for about 2 years.

NMFS
West
NEPA understanding is OK-there is a gap in knowledge on ESA, especially the role action agencies play in the implementation of ESA.

NMFS
Northeast
Depends on the locale. Generally, the State DOTs / FWA shows us a good program in the coastal zone, that coordination falls apart as one moves inland.

NMFS
Office of Habitat Conservation
Need to remember EFH and other consulting roles of NMFS of agency under FWCA and NEPA.

Frequently Cited Responses:

FHWA:
  1. Need for clarification of agency roles and responsibilities, particularly for the benefit of state DOTs
  2. Need to clarify Federal role in local and regional planning
  3. Need for clarification on responsibilities for ESA
  4. Need for clarification on which environmental agency is responsible for particular issues


FWS:
  1. Need for clarification on responsibilities for ESA
  2. Need to ensure that all agency staff members understand environmental regulations, not just certain portions of staff


NMFS:
  1. Need for clarification on responsibilities for ESA
  2. Need to clarify role of NMFS under FWCA and NEPA

This question was directed at FHWA, but responses were also received from FWS and NWFS.

go to Appendix C table of contents

Survey Responses to Question 4b —

FWS/NMFS — Clarifications for FHWA


FHWA
Division — Idaho
FWS/NMFS lack understanding of project development and frequently request — information (or delay consultation asking for information) that is not available. This includes contractor operation plans, including blasting plans, borrow material sites, etc.

FHWA
Division — Oregon
There is some knowledge by the USFWS/NMFS of the role of FHWA in the NEPA process. I do not know if they understand the concept of FHWA federal aid and our relationship with the State DOTs. I believe they think FHWA has more authority over the statewide and MPO planning process and how transportation projects are selected and developed.

FWS
Michigan — East Lansing
  1. Clarification of definition of cooperating agency and when it's appropriate.
  2. Development/elimination of alternatives.
  3. Analysis of no-build alternative.

FWS
Missouri
Fairly well. The MoDOT handles almost all of the NEPA processing. 4(f) can be challenging. The 404/NEPA merge process has worked with limited success. I am not aware of any new merge projects in Missouri.

FWS
Montana
Guidance would be helpful regarding when NEPA documents should include ESA documents. For instance, should a preliminary draft EIS, or draft EIS, contain the Service's biological opinion, or should the opinion just occur in the final EIS? Also, does FHWA have the ability to override the DOTs funding decisions and "dictate" to the DOTs that they will spend money in a certain manner. For example, if the DOT says they do not have the money to build a longer bridge, could FHWA make money available for the longer bridge?

FWS
Ohio
FWS feels that we have a moderate understanding of the transportation planning process. We have discussed general planning with our state DOT on several instances, but do not have a firm grasp on the entire planning process.

FWS
Oklahoma — Tulsa
Not clear — when is NEPA required? When do they provide us with NEPA documentation?

FWS
Pennsylvania
  1. Cooperating agency involvement.
  2. Balancing impacts between various Acts (i.e., historic vs. wetlands, Sec 4(f) parks vs. state game lands, agriculture vs. historic vs. wetlands)
  3. Evaluating/mitigating terrestrial resource impacts (habitat, loss, fragmentation, wildlife movement)
  4. Selection of the preferred/selected alternative and writing a ROD

FWS
Region 1
  1. FHWA discretion actions: Can adherence to Federal Highway Standards be considered an action or a discretionary action?
  2. FHWA "Emergencies" and Use of Emergency Funds, and the $25,000 threshold.

FWS
Region 1
Fair but I could always learn more about the inter-relationships between government agencies.

FWS
Region 1
Again, since we work together on a routine basis and because of our proactive approaches, including agency cross-training, I think we understand ODOT and FHWA responsibilities fairly well but I am sure we could stand a great deal more interactive training between our respective agencies.

FWS
Region 1 — Columbia
Are there Categorical Exclusions used by FHWA and what are they?

FWS
Region 5 — Northeast
I could use a review of the planning and project development process. I have a fairly good handle on FHWA's role under NEPA.

FWS
Texas
I only understand the planning process and project development process from obstacles encountered from previous reviews. I understand FHWA's responsibilities under NEPA. A discussion on indirect and cumulative impacts related to transportation projects would be useful. A discussion on NEPA process should include equal consideration of impacts to fish and wildlife resources in environmental documents.

FWS
Texas — Austin
How do MPO's feed into the process?

FWS
Washington
  1. Need clarification of FHWA's role in conservation of migratory birds (per the Migratory Bird Executive Order) and how they fulfill their Section 7(a)(1) responsibilities.
  2. Need better understanding of modeling tools available and effective for understanding land use changes that are influenced by various project alternatives.

FWS
WSDOT
  1. Requirements for Transit Alternatives — a presentation on the Recent "Legacy Parkway" findings would be great and how does FTA fit in the mix of it all
  2. Does FHWA have standards for the kinds of traffic reports (i.e. origin and destination/ forecast models) that are generated?
  3. For ESA identify how Section 7(a)(1) is being promoted within FHWA programs

FWS
Wyoming
  1. General understanding.
  2. What are NEPA responsibilities with Environmental Assessments, EIS, and BA?

NMFS
West
OK-I head our Transportation Team for the Washington Habitat Branch

NMFS
Northeast
We fully understand it and embrace it. Invocation of EFH has been a bumpy experience. The process stills requires that we hold hands and lead the way to a product with most DOTs and their consultants. Because we do so much at the State level, I do not hear from the FHWA on enough cases to understand if THEY understand it.

NMFS
Office of Habitat Conservation
Regional and Headquarters staff could benefit from an overview of the highway planning/development process.

Frequently Cited Responses:

FHWA:
  1. Lack of understanding of transportation project process at FWS and NMFS, particularly the need for timeliness
  2. Need for clarification on role of FHWA in statewide planning process

FWS:
  1. Need for guidance on preparation and use of NEPA documents
  2. Need for training/review of the planning and project development process
  3. Need clarification on agency roles and responsibilities

NMFS:
  1. Need for training/review of the planning and project development process
  2. Need to be sure that FHWA understands EFH process

This question was directed at FWS and NWFS, but responses were also received from FHWA.

go to Appendix C table of contents

Survey Responses to Question 5 —

Best Practices


FHWA
Division — Arizona
It might be good to get input from USFWS on what they have done with private — industry. USFWS has mitigation programs in place with paper companies for the Red Cockaded Woodpecker in Southern Arkansas

FHWA
Division — Arkansas
We are working on a programmatic approach for compensatory mitigation with FWS. If this comes about it will facilitate project development.

FHWA
Division — Colorado
As identified above in projects where the FWS has been very creative and — cooperative, the Shortgrass Prairie Initiative, and the Prebles Meadow Jumping Mouse Bank.

FHWA
Division — Georgia
The development of "standard" contract Special Provisions to protect manatees and sturgeons that are implemented on all projects in Georgia Coastal Areas, which acts as a Programmatic BA/BO even though it's not formally labeled as such.

FHWA
Division — Indiana
7100 Goose Pond Wetland Restoration Project in Indiana. INDOT is partnering — with NRCS ($10 million commitment from both agencies) to make this a success.

FHWA
Division — Montana
Early involvement and the ecosystem approach used on the US 93 project in Montana resulted in more than 40 wildlife crossings.

FHWA
Division — New Mexico
  1. This will be very difficult, as there is no general agreement or acceptance on the definitions and concept of ecosystems and wildlife habitats.
  2. There is also no clear agency commitment to these poorly understood concepts.

FHWA
Division — New York
Case Study — New York State DOT Strawberry Island (in the Niagara River near Buffalo, NY) project. A USACOE,USF&WS, NYSDOT, and NSYDEC partnership effort to restore and protect an important fish spawning area from erosion by the Niagara River. Contact Kurt Weiskotten (518) 485-5320 or KWEISKOTTEN@gw.dot.state.ny.us

FHWA
Division — Oregon
  1. Culvert retrofits to improve salmon passage.
  2. Use of riprap only in scour critical locations.
  3. Greater acceptance by the State DOT and local agencies to replace their existing culverts with bridges to improve fish passage and critter crossings and reduce habitat fragmentation.
  4. Off-site mitigation of wetlands and biological impacts (mowing agreement with USFS for butterfly habitat)
  5. Large scale wetland mitigation is more successful than small sites. NMFS has not been receptive to the idea of mitigation banks for fish recovery.
  6. ODOT was successful in getting a 4(d) rule approved by the NMFS for their maintenance activities.

FHWA
Division — Pennsylvania
  1. Some environmental managers within PENNDOT consult with USFWS representatives on TIP projects by inviting them to field views early. Often results of the field views serve as official consultation and no further consultation is needed. Consultation on project design can be discussed early resulting in reduced project costs.
  2. Wildlife crossings, when warranted, are included in project design.
  3. Construction schedules are designed to avoid wildlife breeding cycles.

FHWA
Division — Western Federal Lands
I would suggest that Whalen Island in Oregon be cited as great example of wetland/wildlife habitat mitigation. This mitigation included the purchase of an island estuary.

FHWA
Division — Western Federal Lands
Federal Land Management Agencies have conducted major watershed studies in the NW that provide valuable base line conditions and areas needing improvement in the ecosystem (it greatly aids the subsequent road corridor resource studies). More transportation support should be given for such watershed studies.

FHWA
Resource Center — West
We need to de-link funds for mitigation banks from project funds. Mitigation banks to be optimally effective and to save money and more importantly time, must be in place and functioning years before a project begins construction. Ideally large regional banks should be established to cover anticipated mitigation needs for 5-20 years into the future. This requires advanced non-project specific funding

FWS
Indiana — Bloomington
Goose Pond Wetland Reserve Program/State Road 54 Project

FWS
Missouri
FWS along with USEPA, Corps, MoDOT and FHWA have developed a mitigation bank (141 Acres) to compensate for unavoidable highway project impacts under Section 404 permit program.

FWS
Montana
US 93 Evaro — Polson on the Flathead Indian Reservation in NW Montana contains good efforts at maintaining wildlife connectivity for a variety of species. Construction has not yet begun on this project.

FWS
Ohio
State Route 161 project in Franklin and Licking Counties, Ohio was a good example of avoiding impacts to streams, wetlands, and woodlands. In addition, ODOT has established several good wetland mitigation areas throughout the state.

FWS
Oklahoma — Tulsa
Best Management Practices (BMP), having FHWA staff aware of potential impacts in the project area.

FWS
Pennsylvania
  1. Landscape approach PennDOT is starting to use to evaluate terrestrial resource impacts.
  2. Corridor study — interactive process between engineers, citizen advisory committee and resource agencies in the alternative selection process

FWS
Region 1
  1. Some of the processes used in Oregon have included use of Design Build, ESA training for Maintenance staff, Construction/Environmental meetings every 1-3 months.
  2. There is increasing discussion and interest by ODOT to develop habitat banking, but this have not developed too far at this point. ODOT is expressing additional interest in learning more about HCPs, Safe Harbors, and Candidate Conservation Agreements with Assurances.

FWS
Region 1
  1. Early NEPA review and sign-off on alternatives pending new biological information or changes in fish and wildlife laws
  2. Batching similar project actions under general permits and programmatic consultations with a heavy emphasis on quality control through monitoring and enforcement
  3. Stormwater practices that strive for pre-project water quality, quantity, and seasonality
  4. Standardized compensatory mitigation plan, implementation, monitoring, enforcement, and contingency plan requirements
  5. Better review by resource agencies at 70 to 90 percent project design

FWS
Texas — Austin
I-69 streamlining

FWS
Washington
  1. The SR 520 Trans Lake Washington project for its analysis of indirect effects. After much encouragement from the FWS, the project team developed an innovative and proactive means for identifying and graphically portraying the potential indirect effects of this major urban corridor widening project. The analysis is based on modeling of population and employment forecasts which vary significantly with relatively minor changes in lane configuration and mode shifts. This information will allow the public and regulatory agencies to see the potential changes in land use that may result from each of the various alternatives. Because the analysis effectively expands the identified project area, it also opens the door for innovative means of mitigating impacts on a watershed scale.
  2. The SR 167 Extension Project Alternative Stormwater Treatment Proposal An innovative environmental engineer (Steve Thompson, WSDOT) on the project has come up with a proposal for alternative means of stormwater treatment that involves restoration of floodplain and riparian function. Steve's proposal would replace traditional engineered approaches that would result in construction of massive stormwater ponds in the floodplain and would not effectively mitigate impacts from water quantity alterations and flooding. His proposal is in line with our current guidance on minimizing hydrologic impacts of new impervious surface by taking a non-engineered approach that factors in watershed conditions.
  3. Willapa Bay Programmatic Mitigation Agreement (PMA) — The Willapa Bay PMA is a demonstration project to test a programmatic approach to mitigation for WSDOT projects that will take place in the Willapa watershed. The agreement will address environmental mitigation needs anticipated from impacts associated with programmed transportation projects as well as emergency and chronic repairs within the watershed. The goal of the agreement is to maximize environmental benefits by designing mitigation that addresses watershed needs and limiting factors on a landscape scale. The agreement may apply to multiple sites that will be established similar to wetland mitigation banks with credit/debit systems, however, the sites will be eligible to provide mitigation for non-wetland habitats. Each site will be individually evaluated by the signatories to the agreement. This approach will assist regulatory agencies by creating pre-approved potential mitigation areas.

FWS
WSDOT Liaison
SR 167 Extension Project — proposed approach to stormwater treatment that minimized floodplain impacts and restored habitat that goes outside the engineered/stormwater manual "box," meets water quality requirements and moves the environmental baseline towards recovery

FWS
Wyoming
  1. Open communication
  2. Trust between agencies
  3. Promote problem solving techniques

NMFS
Northeast
CT I-95 and RI I-195 reconstruction efforts are good examples of the topics.

NMFS
Office of Habitat Conservation
Good things going on in North Carolina.

Frequently Cited Responses:

FHWA:
  1. Innovative species mitigation projects, particularly projects involving mitigation banks
  2. Innovative projects involving wetlands and water habitats

FWS:
  1. Innovative species mitigation projects, particularly projects involving mitigation banks
  2. Innovative projects involving stormwater management
  3. Examples of timely review by resource agencies

NMFS:
  1. Roadway projects in the Northeast
  2. Innovative projects in North Carolina

go to Appendix C table of contents

Survey Responses to Question 6 —

Key Coordination Issues


FHWA
Division — Arizona
Talking face to face and building trust. Management participation at certain meetings, and partnering

FHWA
Division — Arkansas
Early involvement by agencies is still a problem on many projects due to staffing levels. All in all, the overall the working relationships between FHWA,Alaska DOT, FWS, and NMFS in the State of Alaska is pretty good.

FWHA
Division — Colarado
  1. Trust, which takes a long time to build, and can be destroyed at the blink of an eye.
  2. A track record of carrying out agreements to the intent of the BO is necessary.
  3. Time, time to do face to face informal consultation, and the formal review of BAs and development of BOs.
  4. Training, each knowing their role and the role of others.
  5. Respect, professionals working together, respecting each other, confidant that each will do the "right" thing by the species they all have the responsibility to conserve and protect.

FWHA
Division — Georgia
  1. Early involvement of Resource Agency personnel.
  2. A willingness to listen and openly consider alternatives and/or innovative approaches (for both DOTs and Resource Agencies).
  3. Trust, commitment, and overcoming past.

FWHA
Division — Idaho
  1. Do not confer with consultant staff unless state DOT personnel are included in the conversation. Do not direct consultants to perform any activity, their contract is with the DOT.
  2. Stick to relevant issues.
  3. Section 7 consultation applies only to T&E species.
  4. Field review of all projects requiring consultation is an important way to gain an understanding of the project.
  5. Realize that mitigation measures must be fiscally feasible and reasonably supportable with information.
  6. FWS/NMFS needs to gain an understanding of the nature of transportation project actions, from planning and project development to construction and maintenance.
  7. Do not go backwards during project development. When we have been working on a project and including FWS/NMFS staff, changing the decisions, revising the position of the resource agencies or raising the demands should not be allowed.

FHWA
Division — Indiana
Clear procedures and programmatic agreements that eliminate unnecessary consultation and efficiently utilize agency resources.

FHWA
Division — Iowa
Early and continuous involvement in the development of transportation projects. Providing as complete information as possible at early points in project development.

FHWA
Division — Montana
Early involvement in the NEPA process.

FWHA
Division — Nebraska
  1. A key would be to drop any anti-project and anti-development attitude Division.
  2. Another would be to bring reasonable mitigation requests rather than try to Nebraska cover all past concerns as well as to mitigate for all changes (by everyone) that might occur.
  3. An understanding that FHWA does not control zoning and land use issues and does not have unlimited authority to prevent development.
  4. An understanding that FHWA and the States do not have unlimited funding or unlimited time to complete studies.

FWHA
Division — New Mexico
  1. Early input with clearly stated positions.
  2. Willingness to visit project sites and make binding decisions.
  3. Agreement on mitigation proposals and approaches.
  4. Clear understanding of response times.
  5. General understanding of the transportation decision making and delivery processes.

FHWA
Division — New York
Early involvement of resource agencies.

FWHA
Division — North Carolina
  1. Good interpersonal skills from agency participants
  2. Early coordination between agencies
  3. Developing professional relationships with key agency personnel
  4. Understanding and training on legislation/regulations

FHWA
Division — Oregon
The key components are early coordination between the State biologists and the USFWS/NMFS biologists and a willingness by the State DOT to do the "right" thing for the protected resources in the development of their transportation improvements. The State DOT has to clearly demonstrate the purpose and need for the project and how they are truly developing alternatives that avoid the protected resources. The State DOT has to build trust and credibility and make sure promises and mitigation are kept. The State has reported better success with consultations where the Services have visited the project site in the field with the Project Team and heard about design and construction constraints first hand. This is also a prime opportunity for ODOT engineers and designers to hear about concerns and requirements from the Services.

FHWA
Division — Pennsylvania
Understanding the needed end result and work together to get there.

FHWA
Division — Western Federal Lands
Consultation and coordination early and often.

FHWA
Division — Western Federal Lands
Mutual trust, and mutual understanding/respect of the other agencies' goals, objectives and processes. Good luck ... after years of talking and implementing streamlining, I'm not sure there are a lot of new initiatives out there that have not already been 'cussed and discussed. I think good, knowledgeable people willing to compromise are more important than policies, processes and procedures.

FHWA
Resource Center — Midwest
We need to mutually agree on project scope.

FHWA
Resource Center — South
Many project impasses tend to be the result of lack-of-trust, the sort of thing that is alleviated by long-term ownerships and professional relationships that develop between individuals who would be able to take projects from cradle-to- grave, instead of the erratic hand-off that typically occurs. Relationships between DOT and resource agency environmental staff can take years to cultivate, but can be lost with 2—weeks notice when more competitive career opportunities present themselves.

FHWA
Resource Center — West
Trust, respect, experience. Interpersonal trust and respect are the foundations required to go beyond the "by the book" approach that rookies are often required to take. I've found that often in the resource agencies the newer less experienced staff tend to take a ridged no flexibility or imagination approach to regulations and compliance, whereas some of the more experienced staff especially those we have built trust with over time, are much more receptive to innovative approaches and working together for the benefit of the resource and the project.

FWS
Indiana — Bloomington
  1. Adequate FWS staffing
  2. Early FWS involvement in the transportation planning process
  3. Continuity of environmental concerns through the design and construction phases.

FWS
Michigan — East Lansing
  1. Early involvement
  2. Frequent input regarding potential resource issues
  3. Adequate information, i.e., T/E surveys, wetlands delineations, etc.

FWS
Missouri
Service's early involvement in the scoping process. Unfortunately due to staff limitations this is not the norm.

FWS
Montana
Early coordination of all DOT divisions is very important. A good design may take into account environmental concerns, but if that design cannot be constructed using environmentally friendly techniques, problems will develop. It would also be very useful to have someone keep track of all the environmental commitments that are made throughout development of a project and then ensures those all get carried into the construction contract in a binding manner.

FWS
Ohio
Coordination from the earliest concept of a project combined with funding of staff to allow us to complete an in depth review of the study area would facilitate better review of projects.

FWS
Oklahoma — Tulsa
  1. Having accessible all information/project plans regarding each project.
  2. Knowing Habitat type.
  3. Good information on species presence and absence.

FWS
Pennsylvania
  1. Communication/coordination.
  2. Field views with the highway engineers.
  3. Field walk the alignments carried into the NGPA document.
  4. Joint agency meetings.
  5. Early mapping of all resources (before initial alternatives are drawn) Open and honest discussions with DOTs — TRUST BUILDING.

FWS
Region 1
  1. Interdisciplinary field reviews early in the process is always valuable.
  2. Access to staff, staff, staff and quick turn around on information needs — having more than one biologist, hydrologist, technical expert or reviewer to go to on short notice when some aspect of the project needs a review.
  3. No vague language, e.g. most, few, some, and no inaccuracies in the BA.
  4. Understanding who and when implementation monitoring is going to occur.

FWS
Region 1
Communication, early and often in project development, between the Services and the federal and state transportation agencies.

FWS
Region 1
A cooperative transportation agency that keeps the resource agencies involved in all the important project decisions that affect fish and wildlife and their habitats.

FWS
Region 1 — Columbia NWR
For Refuges it is good to have a on-site inspector to deal with Contractors. Refuge workers are not knowledgeable in road specifications and having inspector visits keep projects running smoothly.

FWS
Region 4 — Southeast
I'd like to see some discussion that deals with the lack of involvement/action on the part of state-level FHWA staff with highway projects. In our area, the FHWA is non-existent from an environmental standpoint ... they never show up at any meetings/conferences, including important ones dealing with wetlands and stream mitigation. Even the state DOT environmental staff complain about the total lack of involvement by these individuals. I cannot remember back far enough to tell you how many years it has been since I last saw in person an FHWA staff member (I think it was 1994). Maybe a chart or checklist that details the level of involvement by FHWA as perceived by the FWS, NMFS, state environmental agencies, and the regulatory community would be a good way to make this point. I assume, based on what I hear, that things are not a whole lot better in other states.

FWS
Region 5 — Northeast
Early involvement, good information about project-related impacts to natural resources, transportation agencies better understanding their role under ESA and providing the necessary information to FWS/NMFS to allow effective Section 7 consultations to proceed in a timely fashion.

FWS
Texas
Early coordination for significant projects. Most of the time all we see is the draft or final Environmental Assessment and have little chance for offering input on alternatives.

FWS
Texas — Austin
  1. Enough time
  2. Access to conflict resolution

FWS
WSDOT
Good working relationships, effective communication skills, the right information (with an understanding that this is a moving target as scientific information becomes available and as transportation planning processes change), early coordination, dedicated staff.

FWS
Wyoming
Early involvement.

NMFS
Northeast
We are drifting apart due to workload and significance determinations. NMFS often leads the way in the coastal zone and we defer to FWS in inland sites. Because of that, we often don not attend the same meetings. The separation seems intentional at FWS. We have come to use their presence/absence to facilitate prioritization of the NMFS workload.

Frequently Cited Responses:

FHWA:
  1. The importance of early, personal communication between agencies (including state DOTs) on projects — way to build trust and respect.
  2. The need for early agreement by all agencies on scope, and a willingness to remain within that scope.
  3. The importance of openness to innovative solutions.
  4. The need to build mutual understanding of the priorities of each agency.

FWS:
  1. The importance of early, personal communication between agencies (including state DOTs) on projects — way to build trust and respect.
  2. The availability of reliable data and accessible experts to allow for decisions to be made quickly.
  3. The importance of FHWA making its staff available to attend meetings and be involved.
  4. The need for early agreement by all agencies on scope, and a willingness to remain within that scope.

NMFS:
  1. The importance of better integration of the work of different agencies — more cooperation

go to Appendix C table of contents

Survey Responses to Question 7 —

Suggested Speakers


FHWA
Division — Arizona
John Harris, PhD. Arkansas Highway and Transportation Department. Endangered Species Coordinator and manages endangered freshwater mussel relocation projects in Arkansas. 501-569-2522, though I have not asked John if he would be willing to speak.

FHWA
Division — Colorado
It would be most appropriate for Lee Carlson, Fish and Wildlife Service, Colorado Division, to give the presentation, do not you think? Since you are doing this for the FWS, and do not want many FHWA people there, I think he could speak convincingly to his counterparts, and that's what we need. However, unless there is funding for travel, I doubt that he would be able to go. Lee is here in Lakewood at (303) 275- 2370 and Leroy_Carlson@fws.gov. I would be happy to give him my slides and presentation. I'm sure he would want to modify it from a FWS perspective, but he would not have to start from scratch. Let me know if you want me to talk to him. I would be happy to speak on Shortgrass Prairie, or give my presentation to others who could speak on the subject. Marie Venner, a former CDOT employees and currently consultant for CDOT or Chris Pague of The Nature Conservancy, either do an excellent job. I will send information on how to contact them if you need it.

FHWA
Division — Montana
A session on the development of the Wildlife Habitat Handbook should be included. I (Dale Paulson) would consider making a presentation.

FHWA
Division — North Carolina
Bill Gilmore (NCDENR)

Division
Oregon
  1. Lori Sundstrom — ODOT Environmental Services Manager.
  2. Rollie White — USFWS
  3. Phil Roni — NMFS Northwest Research Center, Seattle, WA

FHWA
Division — Western Federal Lands
There are some good folks at FWS and NMFS in the NW ... what kinds of topics or panels are you thinking of?

FHWA
Resource Center — Midwest
You could get someone from USGS to do a presentation on GAP Analysis and various assessment tools. What is acceptable?

FWS
Ohio
Tom Linkous — ODOT, 614-466-5075, Thomas.Linkous@dot.state.oh.us

FWS
Oklahoma — Tulsa
Brian Yanchik — FHWA, Eastern Resource Center

FWS
Region 1
Paul Wagner, WSDOT is very good on ESA issues and how they relate to transportation projects.

FWS
Texas — Austin
TX DOT — Landscape Design — The Use of Compost in Highway Construction (Barrie Cogburn, 512-416-3086, http://www.dot.state.tx.us/compost

FWS
Washington
FWS:
Jennifer Quan — Watershed Mitigation efforts in Washington; Effects of Impervious Surface and Stormwater on Aquatic Systems and Listed Species.
Emily Teachout — SR 520 Translake Indirect Effects Analysis; Mitigation Banking for Transportation Impacts in Washington; Regional Planning and HCPs to Streamline Transportation Project Permitting
Carolyn Scafidi — Programmatic Consultation Efforts in Washington State for Transportation Projects.
NMFS:
Craig Johnson — Assessing Indirect Effects of Transportation Projects.

FWS
Washington
FWS:
Emily Teachout and Jennifer Quan could present on any of the following issues:
FWS/FHWA/WSDOT liaison program, case studies on segmenting/indirect effects, mitigation banking, watershed based mitigation, solutions to transportation/ land-use indirect effects through regional planning and HCP's, Impervious Surfaces/stormwater/highway runoff , Washington States NEPA/404 Merger Agreement, programmatic consultation
Lynn Childers — could present on "Where has the Fish and Wildlife Coordination Act gone and why are we not using it"?
NMFS:
Barb Wood informal Sec. 7 Washington State Transportation Programmatic
Craig Johnson — land use/transportation indirect effects, interrelated/interdependent actions, secondary and cumulative for ESA and NEPA, and or ESA Section 7(a)(1)

NMFS
I would be willing to discuss the Corps sponsored PGP and pre-application screening procedures. However, our system is working, albeit, we have too few people and too much editorial oversight in our process. I do not think my attendance would help our problems in this region. You should consider using Army Corps of Engineer folks such a Dave Killoy at the New England District, Emilie Holland at RI DOT, and Bill Neidermeyer at FWS in Concord, NH

go to Appendix C table of contents

Appendix D — Additional FWS Comments

Comments to MDT regarding environmental commitments process review being conducted by FHWA in Montana (8/2/02)

Note: The FWS — Montana respondent included remarks given on another occasion, which provide greater detail on the issues addressed in the questionnaire response.

  1. I first want to say that I believe I have seen many positive strides made in the way highway projects are developed, designed, and reviewed. I think environmental concerns are being addressed earlier in the planning process and that there is more communication occurring between MDT and FWS than ever before. MDT has been proactive in implementing many environmentally-sensitive design techniques to minimize impacts, and has actively sought out information (research) to facilitate future environmentally-friendly designs. Yet, there are still quite a few areas where I think improvement is needed.
  2. As you know, various environmental commitments are made throughout a project's development as a result of field reviews, meetings, conversations, etc. These commitments often appear in writing in various forms such as BRR, BA, EA, EIS, BO, letters, e-mails, etc. Some commitments are verbal, some are in writing. Although always hopeful, I am usually not aware which commitments have actually made it into the final construction contract as either design features or special provisions. It would be very helpful to have a checklist or summary chapter in the NEPA document or the BRR that lists these commitments. The various agencies would then be able to review that list and make sure their appropriate provisions are included. This list or summary could then be given to the contractor as part of the contract.
  3. It would be helpful to have a post-construction review of some kind that reviewed the various environmental commitments that had been made and then followed up with some sort of report that told what actually got done and what did not. Recently there have been instances I've been made aware of where more wetlands were impacted than were permitted, culvert crossings were not built as agreed, timing restrictions were not adhered to, etc. These were cases where commitments were made and then not adhered to. I understand that unexpected things can happen during construction that require altering plans. This should certainly be the exception and not the rule, and should be the result of truly unexpected conditions, and not because of poor planning on the contractors' part.
  4. I realize there are advantages of going through the environmental review process prior to final project design. There are, however, inherent problems with this as well; for instance, going through formal consultation and asking FWS to write a final Biological Opinion on a project that is only conceptually designed, with no commitments made by MDT/FHWA on what many aspects of the final project design will look like. It is difficult to determine the effects to a species when many design features are unspecified. For EIS projects, it makes sense to me to strive toward having a final Biological Assessment contained in the draft EIS, and that BA should be based on the preferred alternative identified in the DEIS. If the chosen alternative would have effects on listed species other than those described in the BA, consultation should be reinitiated.
  5. As a Federal agency, FHWA has responsibilities under Section 7(a)1 of the Endangered Species Act to utilize their authorities to carry out programs for the conservation of listed species. Toward that end, the FWS has recommended actions FHWA could conduct to benefit listed species in the "Conservation Recommendations" section of every Biological Opinion this office has issued to FHWA. In the nine Biological Opinions issued to FHWA from this office in the past couple years, there were a total of 29 Conservation Recommendations made. I would like to know FHWA's efforts at implementing these actions, or other T/E species conservation programs, in fulfillment of their mandated responsibilities related to assisting in the recovery of listed species.
  6. While highways are certainly necessary and highly valued in our society, there is a long history of environmental impacts associated with the construction and presence of highways on our landscapes, yet many of our discussions continue to revolve around limited "project-by-project" reviews of impacts and mitigation for upcoming projects. It would be great if there was some sort of program that looked at reducing ongoing impacts (mortality of listed and non-listed species, take of migratory birds, habitat fragmentation, wetland fills, stream degradation (channel shortening, erosion, loss of riparian vegetation, etc.), fish passage, etc.), as well as making "right" some of the "wrongs" that have occurred in the past (correcting some of the landscape altering negative effects that have been caused by some aspects of highway construction). I think our views of how projects affect the natural environment need to occur from a broader, longer-term perspective. We should be embarking on programs leading toward long term solutions to problems that we've witnessed for decades. Along these lines, I do not feel like there is as much coordination occurring between FWS and FHWA as there could be. It seems like perhaps there are efforts being made nationally that we may not be communicating to each other very effectively within our state.
  7. It seems that there often are problems associated with providing Federal funding for mitigation to state or private entities. These non-Federal entities are often best equipped to make a mitigation site work, but it is very difficult to fund these types of projects using money from FHWA. Is there a different way of doing business that would facilitate taking advantage of these types of funding opportunities and make it easier to transfer FHWA funds to non-Federal groups?
  8. Along with MDT, FHWA, and others, I would like to be part of an effort to put together design manuals that would illustrate features, methods, and techniques that should be included in the design of highway projects where certain types of environmental concerns may occur. One such manual would provide recommended features to be included in the design of certain highway structures. This would avoid the common practice of having to haggle over the addition of certain types of environmental considerations that could be designed into a project (wildlife passage under bridges, fish passage through culverts, minimal use of riprap, clear spanning bull trout streams when possible, bat boxes or crevices on bridges, migratory bird nest protections, reducing number of bridge piers in streams, lengthening bridges to allow more access to floodplain, etc.). In my opinion, MDT should more often be proactively proposing features such as these as part of their proposed actions rather than waiting for the regulatory agencies to fight for the same things to be added to each project. Another manual could provide assurances regarding the types of methods and techniques contractors would be using during a project. This would help the contractors know up front which methods are totally unacceptable in certain situations, while still providing them with several options of techniques that are environmentally acceptable.
  9. I believe more monitoring of the effectiveness of certain highway structure features would be very beneficial. There are design features that could be utilized to reduce environmental impacts (e.g., wildlife crossing structures, erosion control techniques, riprap alternatives, etc.), but because they are unfamiliar or unproven, they are met with reluctance or skepticism. I would like to see efforts going into the monitoring of some of these types of structures that would serve to demonstrate which structures are effective in providing the service they were intended for, and which ones are not. Perhaps such monitoring has occurred in other areas and just needs to be brought to our attention.
  10. I am hopeful that we do not have a repeat of some of last year's construction season issues. Among other problems during the 2001 season, there were requests for instream construction timing restriction extensions on three of the first four highway projects for which such restrictions were required to reduce take of bull trout in Biological Opinions that were issued in Montana. Certainly, some of the problems were unavoidable, and I understand that. Other problems, I think, could've been avoided through more diligence on the contractor's part. On projects where there are specifically identified high-value natural resources involved, I think there should be a means of ensuring that the contractor selected for that project has a proven record of compliance with regulations and a demonstrated sensitivity for the environment in which they will be working. Some projects warrant a more cautious and responsible approach to construction. Merely selecting a contractor based on the lowest bid without considering other factors sets up a scenario in which regulatory problems during construction will be likely. Rather than showcase how well we can do, I have to say that some of the types of project-related problems that have come up during the past year or two (especially on the Sula N&S project) have eroded my confidence in our ability to successfully design and construct major highway reconstruction projects in sensitive areas in a manner that adequately protects natural resources.
  11. There are some areas that we have discussed in the past, and have made some progress with, that I believe we should move forward on. Three such issues come to mind in this light: a) stream mitigation — Pretty much every time a bridge is constructed, a culvert is installed, riprap is placed, or a roadway encroaches into a stream or its riparian zone, valuable habitat is lost. Cumulatively, throughout drainages across the entire state over time, these thousands of incremental impacts amount to very significant amounts of habitat for which there is no compensatory mitigation. At the very least we should be tallying up the amounts of such impacts so they can be tracked over time. We should be making efforts to mitigate for these continuing losses of shrinking habitat; b) median barriers — Issues surrounding the installation of median Texas barriers on over 14 miles of Interstate 90 along the St. Regis River without S.7 consultation are still somewhat unresolved; and c) maintenance — We should continue to focus attention on programmatically minimizing adverse effects to listed species (especially aquatic species) that are likely to occur as a result of routine highway maintenance activities (e.g., sanding and de-icing materials that may end up in sensitive fish habitat).

This is all I can think of at this time. Thank you for the opportunity to provide comments during this review process. I would be happy to discuss any of these topics further if it would be helpful, and look forward to working with MDT and FHWA on ways to address these items, or others you may have.

go to table of contents


Appendix E — Workshop Participants

FWS/NOAA Workshop
May 6 — 8, 2003
San Diego, CA
Registrant List

Margaret Akamine
Protected Resources Program Manager
NOAA, Pacific Islands Region
1601 Kapiolani Boulevard, Suite 1110
Honolulu, HI 96814
Phone: (808) 973-2937
Fax:
Email: margaret.akamine@noaa.gov
Yates Allen
Fish and Wildlife Biologist
FWS, Region 4
4270 Norwich Street
Brunswick, GA 31520
Phone: (912) 265-9336
Fax: (912) 265-1061
Email: yates_allen@fws.gov
Sandra Allen
Environmental Streamlining Manager
FHWA, Texas
J.J. Pickle Federal Office Building, Suite 826
300 East 8th Street
Austin, TX 787010
Phone: (512) 536-5944
Fax: (512) 536-5990
Email: sandra.allen@fhwa.dot.gov
Cassandra Allwell
Planning and Policy Analysis Division
USDOT Volpe Center
55 Broadway, DTS-46
Cambridge, MA 02142
Phone: (617) 494-3997
Fax: (617) 494-3064
Email: allwell@volpe.dot.gov
Robert Anderson
Fish and Wildlife Biologist
FWS, Region 5
315 South Allen Street, Suite 322
State College, PA 16801
Phone: (814) 234-4090
Fax: (814) 234-0748
Email: robert_m_anderson@fws.gov
Rachael Barolsky
Planning and Policy Analysis Division
USDOT Volpe Center
55 Broadway, DTS-46
Cambridge, MA 02142
Phone: (617) 494-3997
Fax: (617) 494-3064
Email: barolsky@volpe.dot.gov
Ken Berg
Field Supervisor
FWS, Region 1
510 Desmond Drive SE, Suite 102
Lacey, WA 98503
Phone: (360) 753-4065
Fax: (360) 753-9405
Email: ken_berg@fws.gov
Brian Betlyon
Metropolitan Planning Specialist
FHWA, Resource Center
10 S. Howard Street, Suite 4000
Baltimore, MD
Phone: (410) 962-0086
Fax: (410) 962-3419
Email: brian.betlyon@fhwa.dot.gov
Jerry Bielfeldt
Fish and Wildlife Biologist
FWS, Region 1
2800 Cottage Way Suite W-2605
Sacramento, CA 95825
Phone: (916) 414-6600
Fax: (916) 414-6714
Email: jerry_bielfeldt@fws.gov
Susan Blackford
Fish and Wildlife Biologist
FWS, Region 6
315 Houston Street, Suite E
Manhattan, KS 66502
Phone: (785) 539-3474 x102
Fax: (785) 539-8567
Email: susan_blackford@fws.gov
Raymond Bosch
Biologist
FWS, Region 1
1655 Heindon Road
Arcata, CA 95521
Phone: (707) 822-7201
Fax: (707) 822-8411
Email: ray_bosch@fws.gov
Janice Brown
Division Administrator
FHWA, Montana
2880 Skyway Drive
Helena, MT 59602
Phone: (406) 449-5302
Fax: (406) 449-5302
Email: janice.brown@fhwa.dot.gov
Michael Buntjer
Biologist
FWS, Region 2
2105 Osuna, NE
Albuquerque, NM 87113
Phone: (505) 346-2525
Fax: (505) 346-2542
Email: mike_buntjer@fws.gov
Joseph Burns
Transportation Liaison
FWS, Office of Federal Activities
4401 N. Fairfax Drive, Suite 400
Arlington, VA 22203
Phone: (703) 358-2183
Fax: (703) 358-1869
Email: joseph_burns@fws.gov
Dick Butler
Fishery Biologist
NOAA, Southwest Region
777 Sonoma Ave, Room 325
Santa Rosa, CA 95404
Phone: (707) 575-6058
Fax: (707) 578-3435
Email: dick.butler@noaa.gov
Lee Carlson
Field Supervisor
FWS, Region 6
755 Parfet Street, Suite 361
Lakewood, CO 80215
Phone: (303) 275-2370
Fax: (303) 275-2371
Email: leroy_carlson@fws.gov
Melissia Carter
Fish and Wildlife Biologist
FWS, Region 6
400 Airport Parkway
Cheyenne, WY 82001
Phone: (307) 772-2374
Fax: (307) 772-2358
Email: melissia_carter@fws.gov
Robyn Cobb
Fish and Wildlife Biologist
FWS, Region 2
6300 Ocean Drive — Campus Box 338
Corpus Christi, TX 78412
Phone: (361) 994-9005
Fax: (361) 994-8262
Email: robyn_cobb@fws.gov
Julie Crocker
Fisheries Biologist
NOAA, Northeast Region
One Blackburn Drive
Gloucester, MA 01930
Phone: (978) 281-9328 x 6530
Fax: (978) 281-9394
Email: julie.waldo@noaa.gov
Alison Deans Michael
CDOT Liasion
FWS, Region 6
755 Parfet Street, Suite 361
Lakewood, CO 80215
Phone: (303) 275-2378
Fax: (303) 275-2371
Email: alison_michael@fws.gov
John DiGregoria
Biologist
FWS, Region 1
6010 Hidden Valley Boulevard
Carlsbad, CA 92009
Phone: (760) 431-9440 x 208
Fax: (760) 431-5902
Email: john_digregoria@fws.gov
Shannon Dumolt
Environmental Coordinator
FHWA, Oklahoma
300 N. Meridian, Suite 105 S
Oklahoma City, OK 73127
Phone: (405) 605-6040
Fax: (405) 605-6170
Email: shannon.dumolt@fhwa.dot.gov
John Engbring
CNO Supervisor
FWS, Region 1
2800 Cottage Way, Suite W-2606
Sacramento, CA 95825
Phone: (916) 414-6464
Fax: (916) 414-6486
Email: john_engbring@fws.gov
Janice Engle
Fish and Wildlife Biologist
FWS, Region 1
1387 S. Vinnell Way, Suite 368
Boise, ID 83709
Phone: (208) 685-6951
Fax: (208) 378-5262
Email: janice_engle@fws.gov
Gregg Erickson
Chief, Office of Biology and Technical Assistance
Caltrans Division of Environmental Analysis
1120 N Street, MS 27
Sacramento, CA 95814
Phone: (916) 654-6296
Fax:
Email: gregg_erickson@dot.ca.gov
David Felder
Fish and Wildlife Biologist
FFWS, Region 4
6578 Dogwood View Parkway, Suite A
Jackson, MS 39213
Phone: (601) 321-1139
Fax: (601) 965-4340
Email: david_felder@fws.gov
Daniel Fenner
Biologist
FWS, Region 2
222 South Houston, Suite A
Tulsa, OK 74127
Phone: (918) 581-7458
Fax: (918) 581-7467
Email: daniel.fenner@fws.gov
Paul Garrett
Ecologist
FHWA, Office of Natural & Human Environment
Room 400, 555 Zang Street
Lakewood, CO 80228
Phone: (303) 969-5772
Fax: (303) 969-6727
Email: paul.garrett@fhwa.dot.gov
George Gerstle
Manager, Division of Transportation Development, Intermodal Branch
Colorado DOT
Empire Park, Building B 1325 South Colorado Boulevard, Suite 604
Denver, CO 80222
Phone: (303) 757-9795
Fax:
Email: george.gerstle@dot.state.co.us
Michael Grady
Policy Analyst
NOAA, Northwest Region
7600 Sand Point Way, Building 1, NE
Seattle, WA 98115
Phone: (206) 526-4645
Fax: (206) 526-6426
Email: michael.grady@noaa.gov
Mary Gray
Environmental Program Specialist
FHWA, Office of Natural and Human Enviroment
711 S. Capitol Way, Suite 501
Olympia, WA 98501
Phone: (360) 753-9487
Fax: (360) 753-9889
Email: mary.gray@fhwa.dot.gov
Dan Guy
LCSW Team Leader
NOAA, Northwest Region
501 Desmond Drive SE, Suite 103
Lacey, WA 98503
Phone: (360) 534-9342
Fax: (360) 753-9517
Email: dan.guy@noaa.gov
Jon Hale
Regional Transportation Coordinator
FWS, Region 1
911 NE 11th Avenue
Portland, OR 97232
Phone: (503) 231-2046
Fax: (502) 231.2050
Email: jon_hale@fws.gov
Derek Hamilton
Fish and Wildlife Biologist
FWS, Region 4
646 Cajundome Boulevard, Suite 400
Lafayette, LA 70506
Phone: (337) 291-3138
Fax: (337) 291-3139
Email: derek_hamilton@fws.gov
Lawrence Hanf
Senior Agency Counsel
FHWA, Office of Chief Counsel
201 Mission Street, #2100
San Francisco, CA 94105
Phone: (415) 744-8272
Fax:
Email: lawrence.hanf@fhwa.dot.gov
Margaret Harney
Team Leader
FWS, Region 4
1500 Museum Road, Suite 105
Conway, AR 72032
Phone: (501) 513-4471
Fax: (501) 513-5580
Email: margaret_harney@fws.gov
Tim Haugh
Environmental Program Manager
FHWA, Alaska
P.O. Box 21648
Juneau, AK 99802
Phone: (907) 586-7430
Fax: (907) 586-7420
Email: tim.haugh@fhwa.dot.gov
Eric Hawk
Fishery Biologist
NOAA, Southeast Region
9721 Executive Center Drive
St. Petersburg, FL 33700
Phone: (727) 570-5312
Fax: (727) 570-5517
Email: eric.hawk@noaa.gov
David Hirsh
Program Analyst
NOAA, Northwest Region
501 Desmond Drive, SE
Lacey, WA 98503
Phone: (360) 753-9598
Fax: (360) 753-9517
Email: david.hirsh@noaa.gov
Michael Horton
FWS, Office of Federal Activities
4401 N. Fairfax Drive, Suite 420
Arlington, VA 22203
Phone: (703) 358-2371
Fax: (703) 358-1735
Email: michael_horton@fws.gov
Barbara Hosler
Fish and Wildlife Biologist
FWS, Region 3
2651 Coolidge Road, Suite 1
East Lansing, MI 48823
Phone: (517) 351-6326
Fax: (517) 351-1443
Email: barbara_hosler@fws.gov
Diana Hwang
Fish and Wildlife Biologist
FWS, Region 1
2600 SE 98th Avenue, Suite 100
Portland, OR 97266
Phone: (503) 231-6179
Fax: (503) 231-6195
Email: diana_hwang@fws.gov
C. Leroy Irwin
Manager, Environmental Management Office
Florida DOT
605 Suwannee Street, MS 37
Tallahassee, FL 32399-0450
Phone: (850) 510-5898
Fax:
Email: leroy.irwin@dot.state.fl.us
Lamont Jackson
Biologist
NOAA, Headquarters1
315 East West Highway
Silver Spring, MD 20910
Phone: (301) 713-1401
Fax: (301) 713-0376
Email: lamont.jackson@noaa.gov
Craig Johnson
Section 7 Coordinator
NOAA, Headquarters
1315 East West Highway
Silver Spring, MD 20910
Phone: (301) 713-1401
Fax: (301) 713-0376
Email: craig.johnson@noaa.gov
Gary Jordan
Fish and Wildlife Biologist
FWS, Region 4
P.O. Box 33726
Raleigh, NC 27636
Phone: (919) 856-4520 x32
Fax: (919) 856-4556
Email: gary_jordan@fws.gov
Lucy Jordan
Supervisory Fish and Wildlife Biologist
FWS, Region 6
2369 West Orton Circle, Suite 50
Salt Lake City, UT 84119
Phone: (801) 975-3330
Fax: (801) 975-3331
Email: lucy_jordan@fws.gov
Maiser Khaled
Chief, District Operations North
FHWA, California
980 Ninth Street, Suite 400
Sacramento, CA 95814
Phone: (916) 498-5020
Fax: (916) 498-5008
Email: maiser.khaled@fhwa.dot.gov
DeeAnn Kirkpatrick
Fishery Biologist
NOAA, Northwest Region
7600 Sand Point Way, NE, Building 1
Seattle, WA 98115
Phone: (206) 526-4452
Fax: (206) 526-4746
Email: deeann.kirkpatrick@noaa.gov
Dennis Klemm
Fishery Biologist
NOAA, Southeast Region
9721 Executive Center Drive
St. Petersburg, FL 33702
Phone: (727) 570-5312
Fax: (727) 570-5517
Email: dennis.klemm@noaa.gov
Steve Kokkinakis
Strategic Planning
NOAA, Headquarters
1315 East West Highway
Silver Spring, MD 20910
Phone: (301) 713-1622
Fax:
Email: steve.kokkinakis@noaa.gov
Ed Kosola
Realty/Environmental Officer
FHWA, Nebraska
Federal Building, Room 220 100 Centennial Mall North
Lincoln, NE 68508
Phone: (402) 437-5973
Fax: (402) 437-5146
Email: edward.kosola@fhwa.dot.gov
Ken Lammers
Ecologist
FWS, Region 3
6950 Americana Parkway, Suite H
Reynoldsburg, OH 43068
Phone: (614) 469-6923 x15
Fax: (614) 469-6919
Email: kenneth_lammers@fws.gov
Louise Lawson
Conference Coordinator
USDOT Volpe Center
55 Broadway
Cambridge, MA 02142
Phone: (617) 494-3344
Fax: (617) 494-2569
Email: lawsonl@volpe.dot.gov
David Leal
Biologist
2600 Southeast 98th AvenueFWS,
Region 1
Portland, OR 97266
Phone: (503) 231-6179
Fax:
Email: david_leal@fws.gov
Scott Leonard
Fisheries Biologist
NOAA, Northwest Region
10215 W. Emerald, Suite 180
Boise, ID 83704
Phone: (208) 378-5708
Fax: (208) 378-5699
Email: scott.leonard@noaa.gov
Alex Levy
FHWA, Resource Center
61 Forsyth Street, SW
Atlanta, GA 30303
Phone: (404) 562-3669
Fax:
Email: alex.levy@fhwa.dot.gov
Mark Littlefield
Chief, Watershed Planning Branch
FWS, Region 1
2800 Cottage Way, Suite W-2605
Sacramento, CA 95825
Phone: (916) 414-6600
Fax: (916) 414-6714
Email: mark_littlefield@fws.gov
Michael Litwin
Fishery Biologist
FWS, Region 3
620 South Walker Street
Bloomington, IN 47403
Phone: (812) 334-4621 x205
Fax: (812) 334-4273
Email: michael_litwin@fws.gov
Lyn Maclean
Regional Transportation Coordinator
FWS, Region 3
BHW Federal Building, 1 Federal Drive
Fort Snelling, MN 55111
Phone: (612) 713-5330
Fax: (612) 713-5292
Email: lyn_maclean@fws.gov
Frances Mann
Branch Chief
FWS, Region 7
605 W. 4th, Room G61
Anchorage, AK 99501
Phone: (907) 271-3053
Fax:
Email: frances_mann@fws.gov
Gregory Mannesto
Fish and Wildlife Biologist
FWS, Region 5
Box 307
Charlestown, RI 02813
Phone: (401) 364-9124
Fax: (401) 364-0170
Email: greg_mannesto@fws.gov
John Marshall
FWS, Region 1
2600 SE 98th Avenue
Portland, OR 97266
Phone: (503) 231-6179
Fax: (503) 231-6195
Email: john_marshall@fws.gov
Richard McCoy
Fish and Wildlife Biologist
FWS, Region 5
135 South Allen Street, Suite 322
State College, PA 16801
Phone: (814) 234-4090
Fax: (814) 234-0748
Email: richard_mcCoy@fws.gov
Kelly McDermott
Fish and Wildlife Biologist
FWS, Region 6
3425 Miriam Avenue
Bismarck, ND 58501
Phone: (701 )355-8510
Fax: (701) 355-8513
Email: kelly_mcdermott@fws.gov
Carlos Mendoza
Field Supervisor
FWS, Region 2
17629 El Camino Real, Suite 211
Houston, TX 77058
Phone: (281) 286-8282
Fax: (281) 488-5882
Email: carlos_mendoza@fws.gov
Ben Meyer
Team Leader, Fisheries Biologist
NOAA, Northwest Region
525 NE Oregon Street, Suite 500
Portland, OR 97232
Phone: (503) 230-5425
Fax: (503) 231-6893
Email: ben.meyer@noaa.gov
Kevin Moody
NEPA Coordinator
FWS, Region 4
1875 Century Boulevard, Suite 200
Atlanta, GA 30345
Phone: (404) 679-7089
Fax:
Email: kevin_moody@fws.gov
Tony Morton
NEPA Coordinator
NOAA, Southwest Region
501 West Ocean Boulevard, Suite 4200
Long Beach, CA 90802
Phone: (562) 980-3209
Fax: (562) 980-4018
Email: tony.morton@noaa.gov
Nancy Munn
Water Resource Policy Analyst
NOAA, Northwest Region
525 NE Oregon Street, Suite 500
Portland, OR 97215
Phone: (503) 231-6269
Fax: (503) 231-6893
Email: nancy.munn@noaa.gov
Mary Lynn Nation
Regional Transportation Coordinator
FWS, Region 7
1011 E. Tudor Road
Anchorage, AK 99503
Phone: (907) 786-3519
Fax: (907) 786-3350
Email: mary_nation@fws.gov
John Naughton
P.I. Environmental Coordinator
NOAA, Pacific Islands Region
1601 Kapiolani Boulevard, Suite 1110
Honolulu, HI 96814
Phone: (808) 973-2935
Fax: (808) 973-2941
Email: john.naughton@noaa.gov
Robert Newman
Fish and Wildlife Biologist
FWS, Region 1
11103 E. Montgomery Drive
Spokane, WA 99206
Phone: (509) 893-8017
Fax: (509) 891-6748
Email: bob_newman@fws.gov
Robin Nims Elliott
Chief, Branch of Federal Program Activites
FWS
4401 North Fairfax Drive
Arlington, VA 22203
Phone: (703) 358-2183
Fax:
Email: robin_nimselliott@fws.gov
Joseph Ossi
Environmental Planner
Federal Transportation Administration
400 7th Street, SW
Washington, DC 20590
Phone: (202) 366-1613
Fax: (202) 493-2478
Email: joseph.ossi@fta.dot.gov
Marlys Osterhues
Project Development Specialist
Office of Project Development and Environmental Review
FHWA
400 7th Street, SW
Washington, DC 20590
Phone: (202) 366-2052
Fax:
Email: marlys.osterhues@fhwa.dot.gov
Jennifer Papazian
Environmental Engineering Division
USDOT Volpe Center DTS-33
55 Broadway,
Cambridge, MA 02124
Phone: (617) 494-3913
Fax:
Email: papazian@volpe.dot.gov
Peter Pattavina
Fish and Wildlife Biologist
FWS, Region 4
247 South Milledge Avenue
Athens, GA 30605
Phone: (706) 613-9493
Fax: (706) 613-6059
Email: pete_pattavina@fws.gov
Jennifer Quan
Biologist
FWS, Region 1
510 Desmond Drive, SE, Suite 102
Lacey, WA 95803
Phone: (360) 753-6047
Fax: (360) 753-9008
Email: jennifer_quan@fws.gov
Nan Reck
NOAA, Headquarters
1315 East West Highway
Silver Spring, MD 20910
Phone: (301) 713-1401
Fax:
Email: nan.reck@noaa.gov
Kathi Rodrigues
Senior Policy Analyst
NOAA, Northeast Region
One Blackburn Drive
Gloucester, MA 01930
Phone: (978) 281-9324
Fax: (978) 281-9207
Email: kathi.rodrigues@noaa.gov
Mary Ann Rondinella
Environmental Specialist
FHWA, California
980 Ninth Street, Suite 400
Sacremento, CA 95814
Phone: (916) 498-5040
Fax: (916) 498-5008
Email: mary.ann.rondinella@fhwa.dot.gov
Penny Ruvelas
Section 7 Coordinator
NOAA, Southwest Region
501 West Ocean Boulevard
Long Beach, CA 90802
Phone: (562) 980-4197
Fax:
Email: penny.ruvelas@noaa.gov
Fred Skaer
Director, Office of Project Development and Environmental Review
FHWA
400 7th Street, SW, Room 3222
Washington, DC 20590
Phone: (202) 366-2058
Email: fred.skaer@fhwa.dot.gov
Brian Smith
Environmental Biology/Water Quality Specialist
FHWA, National Resource Center
19900 Governors Drive, Suite 301
Olympia Fields, IL 60461
Phone: (708) 283-3553
Fax: (708) 283-3501
Email: brian.smith@fhwa.dot.gov
Marjorie Snyder
Regional Transportation Coordinator
FWS, Region 5
300 Westgate Center Drive
Hadley, MA 01035
Phone: (413) 253-8612
Fax: (413) 253-8482
Email: marjorie_snyder@fws.gov
Doreen Stadtlander
Senior Staff Biologist
FWS, Region 1
6010 Hidden Valley Blvd
Carlsbad, CA 92009
Phone: (760) 431-9440
Fax: (760) 930-0846
Email: doreen_stadtlander@fws.gov
Pam Stephenson
Project Development Specialist
Office of project Development and Environmental Review
FHWA
400 7th Street, SW
Washington, DC 20590
Phone: (202) 366-2062
Fax:
Email: pamela.stephenson@fhwa.dot.gov
Stephanie Stoermer
Environmental Coordinator
FHWA, California
980 Ninth Street, Suite 400
Sacramento, CA 95814
Phone: (916) 498-5057
Fax:
Email: stephanie.stoermer@fhwa.dot.gov
Lori Sundstrom
Section Manager, Environmental Services Section
Oregon DOT
1158 Chemeketa Street, NE
Salem, OR 97301
Phone: (503) 986-3491
Fax: (503) 986-3524
Email: lori.l.sundstrom@odot.state.or.us
Emily Teachout
Transportation Biologist
FWS, Region 1
510 Desmond Drive SE, Suite 102
Lacey, WA 98503
Phone: (360) 753-9583
Fax: (360) 753-9008
Email: emily_teachout@fws.gov
Benjamin Tuggle
Division Chief
FWS, Branch of Federal Activities
4401 N. Fairfax Drive, Suite 400
Arlington, VA 22203
Phone: (703) 358-2161
Fax: (703) 358-1869
Email: benjamin_tuggle@fws.gov
Paul Wagner
Biology Program Manager
Washington State DOT P.O. Box 47331
Olympia, WA 98504
Phone: (360) 705-7406
Fax: (360) 705-6833
Email: wagnerp@wsdot.wa.gov
Dean Watkins
Regional Transportation Coordinator
FWS, Region 2
P.O. Box 1306
Albuquerque, NM 87103
Phone: (505) 248-6666
Fax: (505) 248-6922
Email: dean-watkin@fws.gov
Jeffrey Weller
Regional Transportation Coordinator
FWS, Region 4
1875 Century Boulevard, Suite 200
Atlanta, GA 30345
Phone: (404) 679-7127
Fax: (404) 679-7081
Email: jeff_weller@fws.gov
Phil Williams
NOAA, Headquarters
1315 East West Highway
Silver Spring, MD 20910
Phone: (301) 713-1401
Fax:
Email: phil.williams@noaa.gov
Alison Willy
FWS, Region 1
2800 Cottage Way, Suite W
Sacramento, CA 95825
Phone: (916) 414-6534
Fax: (916) 414-6713
Email: alison_willy@fws.gov
R. Mark Wilson
Field Supervisor
FWS, Region 6
100 N. Park Avenue, Suite 320
Helena, MT 59601
Phone: (406) 449-5225 x 205
Fax: (406) 449-5339
Email: mark_wilson@fws.gov
Gary Winters
Chief, Division of Environmental Analysis
Caltrans
1120 N Street, Room 40301, Mail Stop 27
Sacramento, CA 95814
Phone: (916) 653-7136
Fax:
Email: gary_winters@dot.ca.gov
John Wrublik
Fish and Wildlife Biologist
FWS, Region 4
1339 20th Street
Vero Beach, FL 32960
Phone: (772) 562-3909
Fax: (772) 562-4288
Email: john_wrublik@fws.gov
Brian Yanchik
FHWA, Resource Center
10 S. Howard Street
Baltimore, MD 21201
Phone: (410) 962-0104
Fax:
Email: brian.yanchik@fhwa.dot.gov
Robert Zepp
Senior Staff Biologist
FWS, Region 5
177 Admiral Cochrane Drive
Annapolis, MD 21401
Phone: (410) 573-4536
Fax: (410) 269-0832
Email: bob_zepp@fws.gov
Joseph Zisa
Senior Staff Biologist
FWS, Region 1
2600 SE 98th Avenue, Suite 100
Portland, OR 97266
Phone: (503) 231-6179
Fax: (503) 231-6195
Email: joe_zisa@fws.gov

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Appendix F — Workshop Presentations

Below is a list of available presentations given throughout the Workshop. To receive a copy of any of presentations below, please contact Rachael Barolsky at the U.S. DOT Volpe National Transportation Systems Center at 617-494-6352 or Barolsky@volpe.dot.gov.
Topic Presented By:
Conservation Banking: An Endangered Species Perspective Michael Horton, FWS
Conservation Banking I-10 Interchange Projects, FHWA Riverside County, CA Mary Ann Rondinella, FHWA
Environmental Streamlining and EO 13274:What does it Mean Outside of the Beltway? Pam Stephenson, FHWA
Essential Fish Habitat Kathi Rodrigues, NOAA Fisheries
FHWA's Environmental Vital Few Goals Fred Skaer, FHWA
Indirect and Cumulative Effects: NEPA versus ESA Craig Johnson, NOAA Fisheries
NEPA and the Transportation Decision Making Process Tim Haugh and Pam Stephenson, FHWA
Overview of Interagency Consultation Craig Johnson, NOAA Fisheries
Planning Overview and Linkage to NEPA Process Brian Betlyon, FHWA
Section 7(a)(2) Programmatic Consultations Michael Horton, FWS
Essential Elements of Environmental Stewardship Benjamin Tuggle, FWS

For questions or feedback on this subject, please contact Ruth Rentch at 202-366-2034. For general questions or web problems, please send feedback to the web administrator.



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