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

Customer Challenge: Deliver the Program

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

But How?

Be prepared

Seek out opportunities to say “yes”

Share the story

We already do it all the time

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

What’s the alternative

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?

Matt Perlik, M.S.Assistant Environmental Administrator

Ohio Department of Transportation

Office of Environmental Services

1980 West Broad Street, Mail Stop 4170

Columbus, OH 43223

Matthew.Perlik@dot.ohio.gov

614-466-1937