Draft terrestrial resources biological assessment



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5.5 Cumulative Effects

This section should include details about all “non-federal” actions reasonably certain to occur in the foreseeable future within the action area. Non-federal actions include state, local, private, and tribal actions (e.g., residential developments, watershed enhancement).


If multiple species with similar biology are associated with the project and the cumulative effects on those species are likely to be the same (such as UWR Chinook salmon and UWR steelhead), the species may be grouped for the cumulative effects analysis. Species should not be grouped if cumulative effects are expected to be species specific.

6.0 Avoidance, Minimization and Conservation Measures


Avoidance, minimization, and conservation measures are intended to minimize or avoid environmental impacts to listed species or critical habitat. Avoidance, minimization, and conservation measures for this project will follow practices outlined in ODOT’s Standard Specifications for Highway Construction (2008) Section 00290.00 Environmental Protection and the Supplemental Standard Specifications for Highway Construction (2006). Standard Specifications will be amended in the Special Provisions for the Project to include additional conservation measures as described in Section 5.0 of this document.
Additional avoidance, minimization, and conservation measures included in the PBO for this project are listed under Section 6.3.

6.1 Standard Specifications


Section 00280 – Erosion and Sediment Control

  • This section requires the Contractor to implement ODOT’s ESCP developed to comply with Federal, State, and local laws, rules, and regulations, and the National Pollution Discharge Elimination System (NPDES) General Construction Permit regarding erosion prevention and sediment control for on-site construction activities. Typically included in this section are soil and slope protection and stabilization measures, and site restoration specifications, including planting materials and methods.

Section 00290 – Environmental Protection



  • This section directs the Contractor to implement measures and comply with laws and regulations designed to protect sensitive environmental resources. This section addresses hazardous waste and hazardous substances (00290.20); minimum required measures (00290.3); protection of fish, wildlife, and plants (00290.31); protection of wetlands (00290.41); and protection of sensitive cultural sites (00290.51); as well as other applicable safety, health, and human resource issues.

Section 00320 – Clearing and Grubbing



  • This section directs the Contractor on clearing operations (00320.40), including clearing, preserving, and trimming trees and other vegetation, as well as grubbing operations (00320.41), including providing limits on the Contractor’s area of approved activity and scope of actions. This section provides protection to vegetation both within and outside of the approved work areas.

Section 01040 – Planting



  • This section provides the Contractor with guidelines for furnishing, planting, and establishing specified plant materials in the planting areas shown or directed on the project plans. This section includes directions for specific planting seasons, layout, and preparation of planting areas. In addition, the section includes guidelines for preparation of planting materials and requirements for establishment to assure satisfactory growth and survival.



6.2 Special Provisions Specifications


The following amendments to the Standard Specifications are proposed for this Project:
00280.40 Installation - Replace the paragraph that begins "Install erosion and sediment…" with the following paragraph:
Install erosion and sediment control BMP as shown and according to the most current edition of the ODOT Erosion and Sediment Control Manual. Install these BMP before performing clearing, grading, or other land alteration activities. Ensure that no visible and measurable sediment or pollutants leave the project boundaries, enter drainage systems or waterways, or violate applicable water standards.
For purposes of this requirement, "visible and measurable" is defined as:

  1. Deposits or tracking of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on any private or public street or adjacent property, or into any storm or surface water drainage system, either by direct deposit, dropping or discharge, or as a result of erosion; or

  2. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion, such as rivulets on bare slopes where the flow of water is not filtered or captured on the site; or

  3. Earth slides, mudflows, earth sloughing, or other earth movement off the project site.


Section 00290 – Environmental Protection - Comply with Section 00290 of the Standard Specifications modified as follows:
Restore the site by:

  1. Removing all imported fabric, rock, and other construction debris.

  2. Smoothing the ground.

  3. Reseeding all disturbed earth.


00290.20(c-3) Reuse, Recycle, and Dispose of Materials - Replace the sentence that begins "Waste materials become…" with the following sentence:


  • No waste generated on the project, except for wastes that are reusable and recyclable during the period of the Contract, become the property of the Contractor.


00290.20(c-3-d) Concrete and Masonry - Replace the paragraph that begins "Concrete and masonry…" with the following paragraph:


  • Concrete and masonry, that is not recycled and does not contain hazardous substances, may be reused to fill basements or be buried in embankments on site, provided that the materials are broken into pieces not exceeding 15 inches in any dimension.

00290.20(d) Hazardous Waste Management - In the paragraph that begins "In addition to current Laws…", replace the two bullets that begin "If the quantity of hazardous waste projected to be…" with the following three bullets:




  • If the quantity of hazardous waste projected to be generated meets the requirements for a LQG, prepare a full Hazardous Waste Contingency Plan according to 40 CFR 265 Subpart D. Maintain a copy of the Contingency Plan on site at all times during construction activities, readily available to employees and inspectors.

  • If the quantity of hazardous waste projected to be generated meets the requirements for a SQG, prepare a modified Hazardous Waste Contingency Plan according to 40 CFR 262.34(d)(5) and 40 CFR 265 Subpart C. Maintain a copy of the modified Contingency Plan on site at all times during construction activities, readily available to employees and inspectors.

  • If the quantity of hazardous waste projected to be generated meets the requirements for a CEG, follow the contingency planning and storage requirements of the SQG unless the only potentially hazardous waste is aerosol cans smaller than 20 ounces. Limit storage to 180 days and 2,200 pounds. Prepare a modified Hazardous Waste Contingency Plan and keep a copy on site with emergency response procedures and contact information.


00290.30(a) Pollution Control Measures - Add the following subsection and bullets:

(7) Water Quality:




  1. Do not discharge contaminated or sediment-laden water, including drilling fluids and waste, or water contained within a work area isolation, directly into any waters of the State or U.S. until it has been satisfactorily treated (for example: bioswale, filter, settlement pond, pumping to vegetated upland location, bio-bags, dirt bags). Treatment shall meet the turbidity requirements below.

  2. Do not cause turbidity in waters of the State or U.S. greater than 10% above background reading (up to 100 feet upstream of the Project), as measured 100 feet downstream of the Project.

  3. During construction, monitor in-stream turbidity and inspect all erosion controls daily during the rainy season and weekly during the dry season, or more often as necessary, to ensure the erosion controls are working adequately meeting treatment requirements.

  4. If construction discharge water is released using an outfall or diffuser port, do not exceed velocities more than 4 feet per second, and do not exceed an aperture size of 1 inch.

  5. If monitoring or inspection shows that the erosion and sediment controls are ineffective, mobilize work crews immediately to make repairs, install replacements, or install additional controls as necessary.

  6. Implement containment measures adequate to prevent pollutants or construction and demolition materials, such as waste spoils, fuel or petroleum products, concrete cured less than 24 hours, concrete cure water, silt, welding slag and grindings, concrete saw cutting by-products and sandblasting abrasives, from entering waters of the state or U.S.

  7. Cease project operations under high flow conditions that may result in inundation of the project area, except for efforts to avoid or minimize resource damage.

  8. The Project Manager retains the authority to temporarily halt or modify the Project in case of excessive turbidity or damage to natural resources.


00290.36(c) Prevent Nesting - Comply with Migratory Bird Treaty Act (16 U.S.C. 703 712). Submit a migratory bird protection plan for review and approval at least 10 Calendar Days before the pre-construction conference. Include the following:


  1. Provide a list of qualified personnel experienced in bird identification, including a summary of their qualifications. A qualified individual shall have at least 2 years of work experience identifying nesting birds in the Pacific Northwest.

  2. Describe measures to avoid disturbance to migratory bird nesting habitat (vegetation, structures) from March 1 to September 1 of each year. If complete avoidance is not feasible, describe measure and method to prevent birds and bats from nesting within the project Site.

  3. Describe measures to install, inspect, maintain, and repair exclusionary devices and/or harassment methods, and a schedule for installing, inspecting, and removing exclusionary measures.

  4. Do not begin work until the migratory bird protection plan and the implementation schedule are approved.

  5. Prevent nesting by native birds on structures to be removed or repaired and on vegetation to be removed as follows:

  6. Install, inspect, repair and maintain exclusionary methods or begin harassment methods to prevent nesting of native birds in, on, or under the structures and the vegetation from March 1 to September 1 of each year.

  7. If exclusionary measures have been installed or harassment methods have begun on-site prior to NTP, within 15 Calendar Days of the preconstruction conference, assume responsibility for ensuring that native birds do not nest in, on, or under the structures or the vegetation, according to Agency’s migratory bird protection plan, including maintaining and inspecting exclusionary measures.

  8. Using qualified personnel from the list, perform inspections on the structures (and the vegetation) according to the implementation schedule for nesting activity and effectiveness of exclusionary measures. Document inspections and maintain documentation on-site.

  9. Remove existing bird nests only if no eggs or young are found.

  10. Meet with the Agency Biologist, the Engineer, and inspector on-site if nests containing eggs or young are found.

  11. Use equivalent materials when repairing or replacing damaged exclusionary measures.

  12. If on-site work is completed prior to September 1, discontinue exclusionary measures or harassment methods.

  13. In the event the Contractor fails to prevent nesting of native birds, the Engineer may suspend the work according to 00180.70.

  14. Unless authorized in writing by the Engineer, return to the Engineer, within 5 Calendar Days of removal, all exclusionary measures applied by others prior to the NTP for the Project.


00290.41(b) Disturbing Wetlands - Add the following to the end of this subsection:
Permits have been obtained for this project from the [US Army Corps of Engineers (Corps)] and the [Department of State Lands (DSL)]. Keep a copy of Corps and DSL permits at the project site during construction. These permits authorize the placement of fill within wetlands located within the project footprint. A total of 12.38 acres of wetlands will be permanently filled. Changes to the project that may increase the amount of fill placed in wetlands or the acreage of wetlands impacted are not authorized.



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