| Biology Monitoring Guidance |
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| Overview |
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The Geo-Environmental (GE) Section provides standards and procedures for ODOT to streamline environmental compliance procedures. This includes biological monitoring, which is typically required as a condition of biological permits, such as federal and state Endangered Species Act (ESA) incidental take permits and state fish passage permits. Resources have been developed to support biological monitoring efforts, including a database, template reports, field checklist, GIS files, GPS/field mapping applications. Check this website periodically for the latest information and guidance.
The  symbol indicates requirements for ODOT Environmental employees and consultants on ODOT projects (as per ODOT Tech Bulletin GE09-04(b)). Implementation procedures follow each requirement.
This web site contains resources for ODOT Environmental employees (and consultants on ODOT projects) to complete the most common biological monitoring requirements for mitigation projects owned by ODOT. The monitoring guidelines described here do not apply to mitigation banks, Special Management Areas, mitigation for 4(f) resources, or local agency-owned projects funded by ODOT or Federal Highway Administration (FHWA) programs. Monitoring guidelines for wetland mitigation are provided in the Wetlands program website, at: http://www.oregon.gov/ODOT/HWY/WETMANUAL/post_const_monitor.shtml.
These procedures are effective beginning September 1, 2008 (and to be used for 2008 annual monitoring reports).
ODOT Biologists also monitor our Special Management Areas that have listed and protected plants and animals. In preparation for a Habitat Conservation Plan that the Geo-Environmental Section and Office of Maintenance are working on, we have new SMA/botanical monitoring standards and documentation, for implementation in 2009. All of the process steps, field methods, data forms, and instructions are provided in the SMA Monitoring Form. All ODOT 2009 SMA/botanical site monitoring must follow these procedures. For more information, contact Mindy Trask, Geo-Environmental Section Monitoring Program Coordinator (Melinda.trask@odot.state.or.us) or (503) 986-3504.
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TYPES OF BIOLOGICAL MONITORING |
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The following types of permits require post-construction or annual biological monitoring:
- ESA Section 7 Biological Opinions
- SLOPES (Standard Local Operating Procedures for Endangered Species) Programmatic Biological Opinions
- ODOT Cut/Fill Emergency/Urgency Programmatic Biological Opinion
- OTIA (Oregon Transportation Investment Act) III Bridge Programmatic Biological Opinion
- Department of State Lands (DSL) fill/removal permit for work in Essential Salmonid Habitat (non-wetland permits)
- U.S. Army Corps of Engineers (Corps) Section 404 permit for work in waters of the United States (non-wetland permits that require riparian monitoring)
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DEFINITIONS |
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Annual Monitoring Report – a report required in most ESA Section 7 Biological Opinions. The annual monitoring report describes how well the project is meeting performance standards or success criteria set forth in the permit. The monitoring period is indicated in the Biological Opinion (typically 5 years, but may be longer performance standards not been met within that period).
Mitigation Feature - a component of the mitigation site that is being tracked for success according to ESA Section 7 commitments. It may be an area with riparian plantings, a section of stream with root wads, a patch of noxious weeds, etc.
Mitigation Site - the location of restoration and compensatory mitigation associated with a permit. The mitigation site typically includes the entire area of direct impact associated with an action (temporary and permanent disturbances within the construction limits) and possibly also the area where off-site mitigation was performed.
Post-Construction Monitoring Report – a report that is required in most ESA Section 7 Biological Opinions. The post-construction monitoring report describes how a project met the terms and conditions of a Biological Opinion during construction, such as work area isolation, erosion control, and vegetation removal. The due date for the post-construction monitoring report is specified in the Biological Opinion (typically 120-days after completion of construction).
Project Completion Report – a specific type of post-construction monitoring report for programmatic Biological Opinions, such as SLOPES and OTIA III.
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BIOLOGICAL MONITORING TRACKING DATABASES |
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The GIS Unit and GE Section cooperatively maintain Biology Mitigation Monitoring Databases to map and track mitigation compliance for all projects with biology mitigation and monitoring requirements.
- The GE Section uses information in the database to forecast and justify the ODOT post-construction monitoring budget to insure that monitoring funds are continually available.
- GE also uses the database to track budgets, track success of statewide mitigation efforts, determine if and when mitigation banking is justified, and provide continuous improvement of ODOT mitigation efforts.
- Environmental employees and Region environmental manager may use the database for work scheduling and project tracking.
The databases are on the statewide GIS server, requiring check-out, as described in Field Monitoring Protocols. Access to the database is restricted to ODOT Environmental employees and consultants.
Most of the project permit and annual performance information is in the Project_Pt (Site Point) database. There are separate databases for mapping the project boundary and mitigation features (such as stream features, At this time, the GE Section updates this database based on annual monitoring reports. The GE Section uses information in this database to forecast and justify needs for the ODOT post-construction monitoring budget, to insure that monitoring funds are continually available. GE also uses this database to track success of statewide mitigation efforts, and provide continuous improvement of ODOT mitigation efforts. Environmental employees and Region environmental manager may use the various monitoring databases for maintenance work scheduling and project tracking.
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ODOT Environmental employees are required to update the Biology Mitigation Monitoring Database for each ODOT project with biology mitigation obligations, and shall ensure that all active mitigation sites are mapped in the Biology Mitigation Site Point GIS file. |
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Procedures:
- If a project has no key number already (e.g., maintenance projects), request that one be assigned by GE, via e-mail to GeoAdminWorkOrders@odot.state.or.us. This should be done during project development, or at minimum, by bid-let.
- For new mitigation sites, submit a request for a new environmental site ID. This should be done before construction has been completed.
- Once you have a key number and environmental site ID, create a new record in the statewide GIS database as follows:
- Send an email to ODOT GPS Data@odot.state.or.us with subject heading: New Bio Mitigation Site (BMxxxxx).
- Create a new Site Point in the GIS database. The site point should be approximate center of the mitigation site, or nearest Route/MP-tenth. If a permitted action has multiple, discontinuous mitigation features, the site point is the approximate mid-point of applicable permitted mitigation features.
- To do this, EITHER:
i. In the email, request that they create a new GIS record site point for
that site, at the site location you provide.
ii. Provide the site location in terms of ODOT Highway Number or Route
(if on a highway, or Road if not on a highway), Region, County,
Maintenance Unit (if known), and center MP (tenth). Include project
name and key or maintenance number.
iii. If you are not GIS-saavy, GE will add additional the attribute
information to the GIS layers based on your first monitoring report.
iv. Or, if you are capable of editing GIS shapefiles in ArcView or ArcMap,
instead, request check-out of the Biology mitigation site point layer so
that you can create a new record.
v. When you receive the response e-email with the check-out file location,
add this to a GIS map document, begin an editing session, and create
your new site point record and complete as many of the attribute fields
as you can, particularly project information, final construction year, and
permit information.
vi. When you have completed editing the record, export the layer to your
GPS check-in folder, and e-mail ODOT GPS Data to check-in the edits
to the statewide GIS database.
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FIELD MONITORING PROTOCOLS |
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Before heading out for field monitoring, you may complete the Biology Monitoring Checklist to ensure that you are well prepared to gather the appropriate data.
ODOT’s Transportation Data Section (Transportation Development Division) maintains the statewide Biology Mitigation Geographic Information System (GIS) files.
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ODOT Environmental employees shall ensure that the boundary/extent of all active mitigation sites are mapped in the Biology Mitigation GIS Database. |
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Procedures:
- At least one week prior to your first monitoring site visit, or even towards the end of the construction monitoring period, contact ODOT’s GIS unit via ODOT GPS Data@odot.state.or.us, to check-out the GIS files.
- Request to check-out, at a minimum, the existing site point layer (that you should have already created), and a “blank” boundary layer. If you do not know what is needed for the check-out process, contact the GIS Unit for assistance. If you are heading out to do your field monitoring with GPS, also check-out the feature layers.
- Map the boundary, either:
- In the field using GPS,
- Or, create the record via hand-digitizing in a desktop GIS environment.
- NOTE: GPS field mapping is more accurate, and ODOT’s GIS Unit has ArcPad/GPS software specifically for ODOT Biology monitoring.
- The boundary is the geographic extent of the mitigation features associated with a permitted project. More than one boundary may be applicable if the mitigation includes geographically discontinuous features. It is up to the discretion of the lead Environmental employee what constitutes separate boundaries. The combination of all boundaries per site will be used as the total area of mitigation for that project.
- Environmental employees may seek assistance from the GIS Unit employees to hand-digitize boundaries.
- ODOT’s Biology Monitoring ArcPad applications, ArcPad equipment, and software are required if GPS mapping is used.
- ODOT’s GIS Unit provides support and training on use of the Biology Mitigation GIS and GPS applications.
- A quick reference guide for using the GeoXT and ArcPad is available at: http://intranet.odot.state.or.us/gis/PDF/docs/BioApp_One_Page_PLS.pdf
- A more complete user-guide is available for the ODOT Biology Mitigation GPS applications.
GPS Application User's Guide
GE recommends that Environmental employees also map important mitigation features using GPS (ArcPad applications for biology mitigation features are also available), although this is not mandatory.
The GPS applications are excellent tools for tracking changes over time, creating maps for monitoring reports, or developing site plans for maintenance contracts. However, you should maintain rough sketches or As-Built Plans of site boundary and mitigation features as back-up (in case of technical glitches with the electronic applications).
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BIOLOGICAL MONITORING REPORTS |
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To improve consistency and success tracking, all ODOT biology mitigation monitoring reports shall be prepared with the Template Monitoring Report. |
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The same template can be used for post-construction or annual monitoring reports.
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Monitoring reports must include the exact permit requirements or terms and conditions relevant to mitigation and monitoring requirements. This may be mitigation commitments in the permit application or Biological Assessment, or monitoring conditions in the Biological Opinion or fill/removal permit. |
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- The easiest way to do this is to cut/paste the relevant conditions and attach them to the report.
- Do not simply reference the permit document because it is too difficult to track down the permit each time one wants to review the monitoring report.
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MONITORING REPORT TRANSMITTAL REQUIREMENTS |
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All mitigation monitoring reports shall be sent directly to the permitting authority from the Region Tech Centers, regardless of action agency (ODOT, FHWA, or Corps). |
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- Combine signed cover letter, monitoring report, figures & attachments into one Adobe Acrobat document (see cover letter samples at Env_Sec:\Mitigation Monitoring\Standards and Procedures\Biology_Monitoring_Procedures).
- Mail a hard copy of the complete document directly to the appropriate regulatory authority. For NMFS, use the SLOPESIV e-mail box or NMFS online submittal when appropriate/available. See the NEW SLOPES Monitoring Guidance. For SLOPESIV monitoring report, annual post-construction monitoring is required by ODOT, although only the Action Completion and Final Monitoring (Site Restoration/ Compensatory Mitigation) reports need to be submitted to NMFS.
- E-mail a .pdf copy of the complete document to:
- Appropriate regulatory liaisons (particularly your ODFW liaison if fish or wildlife passage was required), and
- NRU-Trans (e-mail box) (important for asset management, tracking, and quality assurance).
- Submit a copy to FHWA only if FHWA funding was involved (via the new FHWA electronic filing system).
- Mail a hard copy also to Corps only if: (1) they were the federal nexus and permittee; (2) they required monitoring for aquatic or riparian impacts; or (3) one of the SLOPES programmatics was used. If applicable, indicate in the cover letter that you have already submitted the report to NMFS.
This guidance applies to all post-construction and annual monitoring reports. Project completion reports may have unique report submittal requirements, but still require an e-mail copy to NRU-trans, and possibly a hard copy to FHWA (if applicable).
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MONITORING BUDGETS |
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GE provides budgets for post-construction site management (monitoring and site maintenance). Expenditure accounts and sub jobs are assigned per Region and Program, with a loaded budget that was developed based on site-specific projections from Environmental employees. The environmental monitoring expenditure accounts are based on the biennium budget cycle.
Mitigation sites that require remediation or corrective work, or maintenance costs greater than $5,000 (or as indicated by GE) for post-construction site management must use project-specific a Corrective Action expenditure account rather than the Region/Program accounts.
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Requests for Corrective Action expenditure accounts must be submitted to the Monitoring Program Coordinator, with a completed Corrective Action Plan.
Site Maintenance and Corrective Action Plan
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The Corrective Action budget request should encompass all monitoring, maintenance and corrective work anticipated to bring the project into compliance and to final close-out. Corrective Action budgets are not limited to the biennium budget cycle, but remain active until the budget is spent or the project is completed (close-out).
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Regions are required to provide budget forecasts in preparation for biennium budgets (when requested by GE), track their environmental monitoring accounts, and limit expenses to within the loaded budgets.
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Sub jobs may be closed by GE when budgets are expended, but not without coordinating with the Region's environmental manager and staff to discuss budget needs or reconcile questionable expenditures.
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SITE MANAGEMENT |
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Region Environmental employees are responsible for post-construction monitoring and tracking mitigation site establishment as part of the overall construction project and environmental permits. However, even after the construction projects closes, ODOT is responsible for managing the mitigation site sufficiently to meet permit objectives.
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The Region Environmental employee must coordinate site management each year during the permitted monitoring period. |
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- Management activities may be conducted by ODOT’s Maintenance employees or under consultant contracts, but the Region Environmental employee must coordinate directly with the Maintenance Supervisor or Consultant to plan and schedule the work. To find out which Maintenance Supervisor or Consultant is appropriate for a particular project location, check the following guide: Click Here
- The GE provides Contracting Services for maintenance work in Regions where contracts were successfully bid. More information on maintenance contracts can be found in Maintenance Contracts (or contact the GE Conservation Programs Manager).
- Typically, regular coordination with the Maintenance Supervisor or consultant is needed to ensure the work takes place as agreed-upon.
- An Inspection Checklist has been developed to assist with inspecting work performed by maintenance and volunteer crews, and contractors.
- Site management shall cease after related permit obligations have been met. On a case-by-case basis, site management may be allowed to continue after permit obligations are met but this will require written approval from GE and the Region Tech Center.
GE has a Mitigation Site Management Contract that Region Tech Centers may use, for project-specific post-construction mitigation monitoring and management services (wetland and biology). If a Region elects to use this Mitigation Site Management Contract for a project, it must be for all subsequent post-construction biological and wetland monitoring and maintenance services (monitoring, Site Maintenance, Corrective Action). For example, this Contract may not be used for site maintenance alone, while monitoring is conducted by Region Environmental employees. Contact the GE Conservation Programs Manager for more information.
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| Contact Information |
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Name:
Title:
Branch/Section:
Phone:
E-mail: |
Melinda Trask
Conservation Programs Manager
Technical Services, Geo-Environmental Section
(503) 986-3504
Melinda.trask@odot.state.or.us |
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