APC REGULATORY UPDATE NOVEMBER 16, PennDOT AND

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1 APC REGULATORY UPDATE PennDOT AND NOVEMBER 16, 2017

2 WELCOME TO THE APC Regulatory Overview Threatened and Endangered Bats & Bridges PA DEP Functional Assessments & NPDES Waters of the United States Mitigation Banking (Wetlands, Streams and T&E)

3 THREATENED AND ENDANGERED BATS Indiana Bat Federally Endangered Northern Long-Eared Bat Federally Threatened Eastern Small-Footed Myotis PA State Threatened

4 INDIANA BAT Time of Year Restriction for Tree Clearing (Nov 15 March 31) Summer Roosting Habitat = Forest Land 5-mile radius of Hibernacula = Swarming Habitat Federally - Endangered

5 BAT LIFE CYCLE January April: Hibernation April June: Roosting / Foraging June July: Roosting / Foraging / Birthing / Pup Rearing August September: Roosting / Foraging September November: Swarming / Mating November December: Hibernation

6 NORTHERN LONG-EARED BAT Time of Year Restriction (June to July) Federally Threatened 4(d) Rule Summer Roosting Habitat = Forestland, scrub shrub, hedgerows, etc mile radius of Hibernacula = Swarming Habitat

7 NLEB RANGE

8 EASTERN SMALL FOOTED MYOTIS Time of Year Restriction (Nov 15 March 31) Summer Roosting Habitat = Rocky features 5-mile radius of Hibernacula = Swarming Habitat PA State - Threatened

9 SMALL-FOOTED MYOTIS

10 RANGE-WIDE PROGRAMMATIC BIOLOGICAL OPINION The Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA) [Transportation Agencies] and U.S. Fish and Wildlife Service (USFWS) Range-wide Programmatic Biological Assessment / Biological Opinion (BO) for common types of transportation projects (Dec 2016). Streamline the Endangered Species Act (ESA) consultation process that may affect: Indiana bat (Myotis sodalis) and; Northern long-eared bat (Myotis septentrionalis)

11 BRIDGE INSPECTIONS FOR BATS Structure Inspections Bridges Culverts Any structure FHWA USFWS Inspections Negative surveys are considered valid for two years. Individuals conducting reviews - what to look for?

12 BRIDGE = SUMMER ROOSTING HABITAT

13 FAVORABLE CHARACTERISTICS FOR BATS Cracks in Concrete Expansion Joints (Bridges) Cave-like Environment Source: FHWA Large Rivers in Wide Floodplains (Bridges)

14 POTENTIAL BAT HABITAT Cave-like Settings Source: FHWA

15 INDICATORS Visual Can you see bats Sound Can you hear them high pitched squeals Droppings (Guano) like mouse pellets Staining wet / darkened concrete Source: FHWA

16 BATS AND BRIDGES Source: FHWA

17 Source: FHWA BATS AND BRIDGES

18 PA DEP Chapter 105 What s new in 2017 Keystone Environmental E-Permitting System (KEES) up and running New Environmental Assessment Form New Functional Assessment Protocol Level 2 Rapid Assessment Protocol for Wetlands, Streams and Bodies of Water

19 Level 2 Rapid Assessment Summary Project Name: Floodplain wetland Condition Index (CI) CI Score Wetland Zone of Influence 0.86 Roadbed Presence 0.83 Vegetation 0.70 Hydrologic Modification 0.80 Sediment Stressor 0.80 Water Quality Stressor Overall Wetland Level 2 Condition Index

20 PA DEP - NPDES The PAG-02 NPDES General Permit for Stormwater Discharges Associated with Construction Activities (PAG-02) will expire on December 7, PAG-02 will be administratively extended until December 7, What to do in the meantime? Submit PAG-02 NOI to a conservation district and request that a review be conducted and wait for PAG-02 to be reissued; or File an Individual NPDES Permit for all projects

21 WATERS OF THE UNITED STATES Executive Order President Trump Feb 2017 Waters of United States defined and or interpreted in a manner consistent with the opinion of Justice Scalia in the Supreme Court Decision in U.S. vs. Rappanos. Relatively Permanent Federal Register 2017 Repeal and Rescind EPA Clean Water Rule from President Obama Administration and go back to interpretation pre-2015 CWR Consider New rule making for WOTUS per Justine Scalia s opinion

22 MITIGATION BANKING Wetlands Streams Threatened and Endangered Species Bog Turtles Bats Mussels Bankers (Magnolia, RES, PennDOT)

23 MITIGATION BANKING

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28 APC THE END Questions?