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The Regulatory World Changes.
Observe This Carefully, Constantly
Matt Perlik, M.S.Ohio Department of TransportationPlanning Conference July 2016
7th most populated
state in US
34th in total area in US Development 3,600,000 ac.
Forest 7,900,000 ac.
Agriculture 13,600,000 ac.
483,000 ac. of wetland
3 feet of rain per year
57,000 + miles of rivers
4 National Scenic
Rivers
39 amphibian species
59 mammal
species
45 reptile
species2 federally
listed bat
species
$2.3 Billion Annual Transportation Construction Program
2nd largest inventory of bridges in the US
8th largest inventory of
public roads in
the US
1 day’s drive of 60% of the US and Canadian population
$555 billion of goods originate in Ohio
$1.9 trillion of goods flow annually through the Ohio’s transportation system
P
ER
LI
K
3800 + historic properties on the National Register
Thousands of parks
Ohio’s Most Valuable Human-made Infrastructure“to provide easy movement of people and goods from place to place”
2nd largest inventory of bridges in the US
8th largest inventory of public roads in the US
1 day’s drive of 60% of the US and Canadian population
$555 billion of goods originate in Ohio
$1.9 trillion of goods flow annually through the Ohio’s transportation system (4th in the US).
Annual Transportation Construction Program of approximately $2.3 billion
QHEI (Qualitative Haitat Evaluation Index)1
Stream must be in base flow.
No suggested or enforced dates.
HHEI (Headwater Habitat Evaluation Index)1
Stream should be under seasonal base flow conditions.
Can be done year-round.
ORAM (Ohio Rapid Assessment Method) 5
Most reliable scores during growing season.
Can be done year-round.
VIBI (Vegetation Index of Biotic Integrity) 6
June 15 - September 15 recommended.
June 1 - September 30 allowed if necessary.
Wetland Delineation 7
Most reliable scores during growing season.
Can be done year-round.
Bat Suitable Roost Tree Habitat Survey 8
Bat tree characteristics can be observed year-round.
Year-round
Bat Mist Net Survey 9
June 1 - August 15
Bat Acoustic Survey 10
May 15 - August 15
Mussels 11
May 1st-October 1st
Fish (Qualitative Inventory) 12
June through November reccommended.
Can be done year-round.
IBI (Index of Biotic Integrity) Miwb (Modified Index of Well-
being) 3
June 15 - September 30
Macroinvertebrates (Qualitiative Inventory) 12
June through September reccommended.
Can be done year-round.
ICI (Invertebrate Community Index) 3
June 15 - September 30HMFEI (Headwater Macroinvertebrate Field Evaluation Index)
4
Can be done year-round.
Reptile Species Surveys in General (Qualitative Inventory) 13
Late March through October
Reptile Suitable Habitat Surveys in General 13
Can be done year-round as appropriate.
Amphibian Species Surveys in General (Qualitative
Inventory)14-18
Mid-February to October
Amphibian Habitat Surveys in General 14-18
Can be done year-round as appropriate.
Eastern Hellbender (Cryptobranchus alleganiensis alleganiensis)
Species Survey only: May - Octobero
Eastern Hellbender (Cryptobranchus alleganiensis
alleganiensis 19
Suitable Habitat Survey: Can be done year-round, base-flow
allowing.o
Bald Eagle Nest Location Survey 20
Best to survey when there are no leaves on the trees. They build
nests in December, start nesting in January.
No suggested or enforced dates.
Birds in General (Qualitative Inventory) 21
Permanent resident birds can be surveyed year round.
February through May (spring migration)
July through December (fall migration) Kirtland's Warbler (Setophaga kirtlandii) Presence Survey
22
Between April 22nd and June 1st, and between August 15th and
October 15th.
Kirtland's Warbler (Setophaga kirtlandii) Suitable Habitat
Survey 22 Can be done year-round.
Piping Plover (Charadrius melodus) Suitable Habitat Survey
23
Sensitive to human presence so survey for habitat only to avoid
disturbing nesting birds.
October - February surveys reccommended.
Can be done year-round.
Rufa Red Knot (Calidris canutus rufa) Presence Survey 24
March 15th to June 5th and July 15th to October 15th.
Rufa Red Knot (Calidris canutus rufa) Suitable Habitat Survey
24
March 15th to June 5th and July 15th to October 15th.
Karner Blue Butterfly (Lycaeides melissa samuelis) Presence
Survey5
Species Surveys: Mid-May to Mid-June, and then July-August
Mitchell’s Satyr (Neonympha mitchellii mitchellii) Presence
Survey 26
Species Surveys: Early July to Mid-July. (July 4th – July 10th)
American Burying Beetle (Nicrophorus americanus) Presence
Survey 27
Species Surveys: May through August
Plants in General (Qualitative Inventory) 28
April 15th – October 15th Consideration should be given to
flowering and fruiting times
Northern Monkshood (Aconitum noveboracense) Presence
Survey 29
June through September reccommended for positive
identification using flowers.
Can be done Mid-April to October for id based on vegetative
characters
Eastern Prairie Fringed Orchid (Platanthera leucophaea)
Presence Survey 30
Lakeside Daisy (Tetraneuris herbacea) Presence Survey 31
Late April to Mid May
Small Whorled Pogonia (Isotria medeoloides) Presence
Survey 32 Mid-May to Mid-June
Virigina Spiraea (Spiraea virginiana) Presence Survey 33
Late June to Early July
Running Buffalo Clover (Trifolium stoloniferum) Presence
Survey34 May 1st -June 30th
Bat Surveying
Mussel Surveying
Streams Habitat Assessments
Wetlands
General Species - Please note that federal and state permits are necessary to conduct surveys for listed species
June July August September October November December
Fish Surveying
Macroinvertebrate Surveying
January February March April May
Sources
Amphibians
Plants
Reptiles
Birds
Pollinators/Insects
1) Ohio EPA Methods for Assessing Habitat in Flowing Waters: Using the Qualitative Habitat Evaluation Index (QHEI). (2006, June 1). Retrieved April 13, 2015, from http://www.epa.state.oh.us/portals/35/documents/QHEIManualJune2006.pdf
2) Ohio EPA Field Evaluation manual for Ohio's Primary Headwater Habitat Streams. (2009, October 1). Retrieved April 13, 2015, from http://www.epa.state.oh.us/portals/35/wqs/headwaters/PHWHManual_2009.pdf
3) Field Evaluation manual for Ohio's Primary Headwater Habitat Streams. (2009, October 1). Retrieved April 13, 2015, from http://www.epa.state.oh.us/portals/35/wqs/headwaters/PHWHManual_2009.pdf
4) Ohio EPA Field Evaluation manual for Ohio's Primary Headwater Habitat Streams. (2012, January 1). Retrieved April 13, 2015, from http://epa.ohio.gov/portals/35/wqs/headwaters/PHWHManual_2012.pdf
5) Ohio Rapid Assessment Method for Wetlands: User's Manual and Scoring Forms. (2001, February 1). Retrieved April 13, 2015, from http://epa.ohio.gov/portals/35/401/oram50um_s.pdf
11) Ohio Mussel Survey Protocol ODNR and US Fish and Wildlife. (2014, April 1). Retrieved April 13, 2015, from http://wildlife.ohiodnr.gov/portals/wildlife/pdfs/licenses & permits/OH Mussel Survey Protocol - April 2014.pdf
12) Field Evaluation manual for Ohio's Primary Headwater Habitat Streams. (2009, October 1). Retrieved April 13, 2015, from http://www.epa.state.oh.us/portals/35/wqs/headwaters/PHWHManual_2009.pdf
13) ODNR Reptiles of Ohio, Field Guide. Retrived on April 13, 2015, from http://wildlife.ohiodnr.gov/portals/wildlife/pdfs/publications/id%20guides/pub354_Reptiles-opt.pdf
6) Integrated Wetland Assessment Program: Field Manual for the Vegetation Index of Biotic Integrity for Wetlands. (2004, January 1). Retrieved April 13, 2015, from http://www.epa.ohio.gov/portals/35/wetlands/standardized_veg_field_manual_v1_3rev01jul04.pdf
7) Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Northcentral and Northeast Region. (2012, January 1). Retrieved April 13, 2015, from http://www.usace.army.mil/Portals/2/docs/civilworks/regulatory/reg_supp/NCNE_suppv2.pdf
8) U.S. Fish and Wildlife Range-wide Indiana Bat Protection and Enhancement Plan Guidelines. (2014, January 1). Retrieved April 13, 2015, from http://www.fws.gov/athens/pdf/2014IBatSummerSurveyGuidelines13Jan2014.pdf
9) Ohio Division of Wildlife and USFWS Guidance for Bat Permitted Biologist. (2014, January 1). Retrieved April 13, 2015, from http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Documents/TechnicalGuidance/2014batpermitteeDOWandUSFWS.PDF
10) Range-wide Indiana Bat Summer Survey Guidelines. (2015, April 1). Retrieved April 13, 2015, from http://www.fws.gov/midwest/endangered/mammals/inba/surveys/pdf/2015IndianaBatSummerSurveyGuidelines01April2015.pdf
32) Small Whorled Pogonia (Isotria medeoloides) Nature Preserve Rare Plant Abstracts. (2007, November 1). Retrieved April 13, 2015, http://naturepreserves.ohiodnr.gov/portals/dnap/pdf/Rare_Plant_Abstracts/Isotria_medeoloides.pdf
33) Virigina Spiraea (Spiraea virginiana) Nature Preserve Rare Plant Abstracts. (2007, November 1). Retrieved April 13, 2015, http://naturepreserves.ohiodnr.gov/portals/dnap/pdf/Rare_Plant_Abstracts/Spiraea_virginiana.pdf
34) Running Buffalo Clover (Trifolium stoloniferum) Nature Preserve Rare Plant Abstracts. (2007, November 1). Retrieved April 13, 2015, http://naturepreserves.ohiodnr.gov/portals/dnap/pdf/Rare_Plant_Abstracts/Trifolium_stoloniferum.pdf
14) Ohio Frog and Toad Calling Survey Protocol. (n.d.). Retrieved April 13, 2015, from http://www.ohioamphibians.com/frogs/callsurvey/
15) Ohio Salamander Monitoring Program: Pond-breeding Salamanders - 2nd & 3rd Surveys. (n.d.). Retrieved April 13, 2015, from http://www.ohioamphibians.com/salamanders/monitoring/Pond-breeding/survey2.html
16) Pfingsten, R. (1989). Salamanders of Ohio . Columbus, Ohio: Ohio State University, College of Biological Sciences.
27) American Burying Beetle (Nicrophorus americanus) Recovery Plan US Fish and Wildlife. (1991, January 1). Retrieved April 13, 2015, from http://www.fws.gov/southdakotafieldoffice/abbrecoveryplan.pdf
28) Ohio Department of Transportation, Office of Environmental Services Ecological Manual. (2014, April 1). Retrieved April 13, 2015, from http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Ecological Manual/Ecological_Manual _04-2014.pdf
29) Northern Monkshood (Aconitum noveboracense) Nature Preserve Rare Plant Abstracts. (2007, November 1). Retrieved April 13, 2015, from http://naturepreserves.ohiodnr.gov/portals/dnap/pdf/Rare_Plant_Abstracts/Aconitum_noveboracense.pdf
30) Prairie Fringed Orchid (Platanthera leucophaea) Nature Preserve Rare Plant Abstracts. (2007, November 1). Retrieved April 13, 2015, http://naturepreserves.ohiodnr.gov/portals/dnap/pdf/Rare_Plant_Abstracts/Platanthera_leucophaea.pdf
31) Lakeside Daisy (Tetraneuris herbacea) Nature Preserve Rare Plant Abstracts. (2007, November 1). Retrieved April 13, 2015, http://naturepreserves.ohiodnr.gov/portals/dnap/pdf/Rare_Plant_Abstracts/Tetraneuris_herbacea.pdf
22) Kirtland's Warbler Breeding Range Conservation Plan. Retrieved April 13, 2015, https://www.michigan.gov/documents/dnr/Kirtlands_Warbler_CP_457727_7.pdf
23) Piping Plover US Wish and Wildlife Fact Sheet. (n.d.). Retrieved April 13, 2015, from http://www.fws.gov/midwest/endangered/pipingplover/pipingpl.html
24) National Park Service Rufa Red Knot Monitoring at Cape Lookout National Seashore. (2011, January 1). Retrieved April 15, 2015, from http://www.nps.gov/calo/learn/management/upload/2011-CALO-Red-Knot-Report.pdf
25) Karner Blye Butterfly (Lycaeides melissa samuelis) USDA Fire Effects Information System. (n.d.). Retrieved April 13, 2015, from http://www.fs.fed.us/database/feis/animals/arthropod/lymes/all.html
26) Iftner, D., & Shuey, J. (1992). <i>Butterflies and Skippers of Ohio</i>. Columbus, Ohio: College of Biological Sciences, Ohio State University.
17) Ohio Salamander Monitoring Program: Stream-dwelling Salamanders -Sampling. (n.d.). Retrieved April 13, 2015, from http://www.ohioamphibians.com/salamanders/monitoring/Stream-dwelling/Sampling.html
18) Aquatic and Terrestrial Salamander Monitoring. (n.d.). Retrieved April 13, 2015, from http://www.gsmit.org/CSSalamanderMonitoring.html
19) Active Season by Species Determination. (n.d.). Retrieved April 13, 2015, from http://www.northeastparc.org/products/riskassesspdfs/caudata/ActiveSeason_caudata.pdf
Life History of the Hellbender, Cryptobranchus alleganiensis. (2004, November 23). Retrieved April 13, 2015, from https://ag.purdue.edu/fnr/discover/HerpetologyLab/Documents/Humphries_LifeHistory.pdf
20) Bald Eagle Nesting Survey ODNR Division of Wildlife. (n.d.). Retrieved April 13, 2015, from http://wildlife.ohiodnr.gov/species-and-habitats/fish-and-wildlife-research/bald-eagle-nesting-survey
21) Spring Migration: It's All About Timing - National Wildlife Federation. (2010, April 7). Retrieved April 13, 2015, from http://www.nwf.org/news-and-magazines/national-wildlife/birds/archives/2010/migration-timing.aspx
Timing of Fall Migration Black Swamp Bird Observatory. (2014, January 1). Retrieved April 13, 2015, from http://www.bsbo.org/timing-of-fall-migration.html
Percid Stream - Avoid In Water Work 1
March 15th-June 30th
Arcola Creek (entire reach), Ashtabula River (to Hadlock Rd.),
Ashtabula Harbor, Chagrin River (to I-90), Cold Creek (entire reach),
Conneaut Creek (entire reach), Conneaut Harbor, Cowles Creek
(entire reach), Euclid Creek (entire reach), Grand River (to dam at
Harpersfield Covered Bridge Park just upstream of the S.R. 534
bridge)/Fairport Harbor, Indian Creek (entire reach), Rocky River (to
dam off Park Dr. just south of the I-90 bridge south of Rock River),
Turkey Creek (entire reach), Vermillion River (to dam at Wakeman
upstream of the S.R. 20/60 bridge), Wheeler Creek (entire reach),
Whitman Creek (entire reach).Salmoid Stream- Avoid In Water Work 1
September 15th-June 30th
Cuyahoga River (to dam below the S.R. bridge east of Brecksville
(Chippewa Rd.)), Great Miami River (to dam south of New
Baltimore), Hocking River (lower section), Little Miami River (lower
section), Maumee River (to split dam at Mary Jane Thurston State
Park and Providence Park in Grand Rapids), Maumee Bay,
Muskingum River (to Devola Dam No. 2 off S.R. 60 north of
Marietta), Ohio River (entire reach), Portage River (entire reach),
Sandusky River (to Ballville Dam off River Road in Fremont),
Sandusky Bay, Scioto River (lower section), Toussaint River (entire
reach).
Other Streams- Avoid In Water Work 1
April 15th-June 30th
Class 3 Primary Headwater Streams (watershed 1 sq. mi.),
Exceptional Watmwater Habitat streams, Coldwater Habitat
Streams, Warmwater Habitat streams (watershed > 20 sq. mi.) or
streams with Threatened and Endangered species, and Lake Erie
and Bays. Special conditions (such as the occurrence of threatened
or endangered species) may mandate local variation of restrictions.
Streams with No In-Stream Restrictions- Avoid In Water Work 1
The following stream types do not require any in-stream
restrictions: Warmwater Habitat streams (watershed < 20 sq. mi.)
without threatened and endangered species, Class 1 and Class 2
Primary Headwater Streams (watershed 1 sq. mi.), Modified
Warmwater Habitat, and Limited Warmwater Habitat.
State or National Wild, Scenic, or Recreational Rivers- Avoid In-
Water Work (Typical Dates) 2 November - July
These rivers include Ashtabula River, Chagrin River, Big Darby
Creek, Little Darby Creek, Kokosing River, Little Miami River,
Mohican River, Olentangy River, Sandusky River, Upper Cuyahoga
River, Conneaut Creek, Grand River, Little Beaver Creek, Maumee
River, and Greenville Creek/Stillwater River.
Kirtland's Warbler Woody Vegetation Removal Restriction 3
No trees/woody vegetation within 3 miles of Lake Erie can be
cleared between April 22 and June 1, or between August 15 and
October 15, due to Kirtland Warbler Migration.
Construction Near a Bald Eagle Nest
Construction activities planned to occur within 660 feet of a nest
need to be completed outside of the nesting season (August-Mid
January). Constuction in close proximity to a nest during the
nesting season will require a take permit from the USFWS.
Clearing of Indiana Bat Potential Roost Trees 4
April 1 - September 30
Clearing of Indiana Bat Roost Trees in Proximity to Hibernacula 4
To avoid direct take of bats when they're foraging near a
hibernaculum, the clearing of potential roost trees and any trees in
riparian areas (except those directly adjacent to existing roadways
or bridges) is restricted between March 15 - November 15 within 5
miles of a hibernaculum, and between April 1 - September 30
within 10 miles of a hibernaculum.
Blasting or Other Loud Road Work 4
Blasting or other loud road work that will cause vibrations located
within 0.5 miles of a hibernaculum is restricted between
September 15 - April 15.
Clearing of Northern Long Eared Bat Roost Trees
April 1 - September 30
Mussel Survey and Relocation 5
May 1 - October 1
4) Biological Opinion on the Ohio Department of Transportation's Statewide Transportation Program for Federally-listed Endangered Indiana bat (Myotis sodalis) (2007, January 26) Retrieved April 29, 2015 from http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Documents/Agreements/IndianaBatProgrammatic.pdf
3) Kirtland's Warbler Breeding Range Conservation Plan. Retrieved April 13, 2015, https://www.michigan.gov/documents/dnr/Kirtlands_Warbler_CP_457727_7.pdf
Potential Construction Constraint Timeframes
Construction is restricted during this timeframe
Created by: Beth Hollinden and Grace Debbeler, OES Interns (April 2015)
March April May JuneIn Stream Work Restriction
Kirtland's Warbler Woody Vegetation Removal Restriction
Mussel Surveys
July August
2) ODNR's Map of Scenic Rivers in Ohio. (n.d.). Retrieved April 29, 2015 from http://watercraft.ohiodnr.gov/scenicriversmap
September October
Construction Near a Bald Eagle Nest
November DecemberJanuary February
1) Memorandum of Agreement Between State of Ohio, Department of Transportation, Federal Highway Administration, State of Ohio, Department of Natural Resources, and United States Fish and Wildlife Service (2011, January 12). Retrieved April 29, 2015, from
http://www.dot.state.oh.us/Divisions/Planning/Environment/Ecological_Resources_Permits/Ecology/Documents/Agreements/2011_Agreement_Btwn_ODOTFHWAODNRUSFWStreamCrossings.pdf
Regulatory Exhaustion
Regulatory exhaustion can
lead to limited energy for innovation and the
desire to take the next step
However No Other Entities…
have within their authorities the
tremendous capacity to impact
(positively or negatively)
the human and natural environment
Streamlining with Predictability and Better Outcomes
New Ecological Coordination MOA allows for same day
review/approval of Ecological Survey Reports
In the first three months of use, it has reduced additional
Agency coordination by 60%
New Bat Agreement minimized field work, increased thresholds,
increased conservation for bats, and allows for near same-day
coordination
Discussion
How do we achieve compliance, deliver the program, and enhance the human and natural environment?
What tools do we need?
How do we tell that story to our customers?
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