127.7 Threatened and Endangered Species - Revision history

Hoskir: /* 127.7.6.1 Overview */

2025-09-29T15:59:47Z

127.7.6.1 Overview

← Older revision		Revision as of 10:59, 29 September 2025
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	===127.7.6.1 Overview===		===127.7.6.1 Overview===
	<div style="float:right; width:~~700px~~; margin:0 auto; background-color: #f5f5f5; padding:10px">		<div style="float:right; width:450px; margin:0 auto; background-color: #f5f5f5; padding:10px">
	<gallery mode=slideshow>		<gallery mode=slideshow>
	File:Hannibal Falcon Feeding.jpg		File:Hannibal Falcon Feeding.jpg

Hoskir: /* 127.7.6.1 Overview */ updated falcon images and caption per RR4110

2025-09-29T15:58:58Z

127.7.6.1 Overview: updated falcon images and caption per RR4110

← Older revision		Revision as of 10:58, 29 September 2025
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	===127.7.6.1 Overview===		===127.7.6.1 Overview===
			<div style="float:right; width:700px; margin:0 auto; background-color: #f5f5f5; padding:10px">
			<gallery mode=slideshow>
			File:Hannibal Falcon Feeding.jpg
			File:Hannibal Falcon on Bridge.jpg
			File:Hannibal Falcon Pair in Tree.jpg
			</gallery>
			Peregrine falcons were formerly state-endangered, but their numbers have recovered in Missouri. They are still protected by the Migratory Bird Treaty Act and sometimes nest on large bridges. A pair of peregrine falcons, pictured here, have nested every spring on the Mark Twain Memorial Bridge over the Mississippi River in Hannibal, MO since 2019. They were first discovered during a bridge inspection. Photos courtesy of Gloria Straube, Hannibal Resident.
			</div>

	MoDOT frequently encounters the nests of bird species protected by the [https://www.fws.gov/laws/lawsdigest/migtrea.html Migratory Bird Treaty Act of 1918] (MBTA) while conducting bridge repairs and replacements. Several bird species protected by the Act commonly construct their nests on the underside of bridge decks and on the substructure. These most often include cliff swallows, barn swallows, Eastern phoebes, and American robins. Cliff swallows build their gourd-shaped mud nests in colonies, sometimes containing hundreds of nests. Often, these nests are found on bridges over water but they can also occur on bridges over major highways and railroads, particularly if the bridge is in a floodplain or near permanent water. Barn swallows also build mud nests, but they are cup-shaped and not enclosed like cliff swallows. They will also nest in colonies, but usually these are much smaller than those of cliff swallows. Eastern phoebe and American robin nests are frequently found on smaller bridges over small rivers. Usually they are on the top of substructure steel components and near the abutments. They are not colony nesters but sometimes 3 or 4 nests can be found on a single bridge. Other MBTA-protected species can also be found nesting on bridges, but they are not common.		MoDOT frequently encounters the nests of bird species protected by the [https://www.fws.gov/laws/lawsdigest/migtrea.html Migratory Bird Treaty Act of 1918] (MBTA) while conducting bridge repairs and replacements. Several bird species protected by the Act commonly construct their nests on the underside of bridge decks and on the substructure. These most often include cliff swallows, barn swallows, Eastern phoebes, and American robins. Cliff swallows build their gourd-shaped mud nests in colonies, sometimes containing hundreds of nests. Often, these nests are found on bridges over water but they can also occur on bridges over major highways and railroads, particularly if the bridge is in a floodplain or near permanent water. Barn swallows also build mud nests, but they are cup-shaped and not enclosed like cliff swallows. They will also nest in colonies, but usually these are much smaller than those of cliff swallows. Eastern phoebe and American robin nests are frequently found on smaller bridges over small rivers. Usually they are on the top of substructure steel components and near the abutments. They are not colony nesters but sometimes 3 or 4 nests can be found on a single bridge. Other MBTA-protected species can also be found nesting on bridges, but they are not common.
	[[image:127.7.6.1.jpg\|center\|650px\|thumb\|'''<center>State endangered Peregrine Falcon juvenile nesting area discovered while preparing to paint steel substructure on Jefferson Barracks Bridge in St. Louis area. (Photo credit: Tom Reed, St. Louis District, 5-23-12)</center>''']]

	Several bird species that are not protected by the MBTA are often seen nesting on bridges. These include pigeons (rock doves), European starlings, and house sparrows. These species are all non-native introductions to the US and therefore, they are not protected by the MBTA.		Several bird species that are not protected by the MBTA are often seen nesting on bridges. These include pigeons (rock doves), European starlings, and house sparrows. These species are all non-native introductions to the US and therefore, they are not protected by the MBTA.

Hoskir: /* 127.7.3.9 Post-Letting Activities */ updated to RR4107

2025-09-10T20:19:28Z

127.7.3.9 Post-Letting Activities: updated to RR4107

← Older revision		Revision as of 15:19, 10 September 2025
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	===127.7.3.9 Post-Letting Activities===		===127.7.3.9 Post-Letting Activities===
	~~[[image:127.7.3.9.jpg\|right\|550px\|thumb\|~~		<div style="width:550px; float: right; font-size: 90%; background-color: #f8f9fa; padding: .75em; border: 1px solid #a2a9b1; margin-bottom: 10px; margin-top: 10px; margin-left: 10px;">
	{\| style="margin: ~~1em auto 1em auto~~"		<gallery heights=200 mode=packed >
	\|-		File:Monarch and Bur Marigold.JPG\|
	\|<center>'''MoDOT Working to ~~Preserve Endangered Salamanders~~'''</center>		File:Roadside.jpg\|
	\|-		</gallery>
	~~\|Ever heard of~~ an ~~Ozark hellbender? It's an endangered salamander that~~ the ~~Missouri departments of Transportation and Conservation~~, U.S. Fish ~~and~~ Wildlife Service, and the ~~Army Corps~~ of ~~Engineers are working~~ to ~~protect~~. MoDOT ~~learned of a population of this funny-looking creature near a bridge maintenance project~~. The ~~project site~~ is ~~one of~~ the ~~few places in~~ the ~~state where the hellbender is found.~~		<center>'''MoDOT Working to Help Monarch Butterflies While Managing Roadsides'''</center>
	\|-
	~~\|There are two~~ species ~~of hellbender in Missouri. The Eastern hellbender~~, the ~~more common of~~ the ~~two~~ species~~, is still rare~~ in the ~~state~~ and ~~is listed as~~ state~~-endangered by the Missouri Department~~ of ~~Conservation~~. ~~But~~ the ~~Ozark hellbender is even more uncommon—it is listed as endangered at both~~ the ~~state~~ and ~~federal levels~~. ~~Both species are large salamanders that need fresh flowing uncontaminated water~~, a ~~clean environment and a little bit~~ of ~~understanding~~. ~~Hellbenders~~ are ~~among~~ the ~~largest salamanders in the world~~, ~~but they are peaceful~~, ~~non~~-~~venomous and they eat crayfish and the occasional minnow~~. ~~Ozark hellbender populations~~ are ~~declining because~~ of habitat ~~loss from silt caused by poorly managed land use~~ and ~~development. Because the salamanders~~ are ~~endangered, MoDOT's Bridge Maintenance and Environmental staff had~~ to ~~work together, and with federal and state agencies, to develop plans to save an old bridge without harming the hellbenders.~~		Across the nation, monarch butterflies are rapidly declining. According to the Center for Biological Diversity, there has been an 80% decline in the monarch population over the last 20 years. To help protect the monarch butterfly population, MoDOT has collaborated with the U.S. Fish & Wildlife Service (USFWS) and the University of Illinois Chicago (UIC) by entering into an agreement to support and restore the habitats of these pollinators.
	\|-
	~~\|"Most~~ of the ~~time, we work with designers to avoid impacting endangered species and their habitats," said Senior Environmental Specialist Chris Shulse~~. ~~"In this case~~ we ~~were dealing with a situation where suitable habitat~~ for the ~~animals was within the eroded piers~~ of ~~the bridge itself. Since the project involved fixing the piers by filling them with concrete~~, ~~we were not only taking away suitable~~ habitat~~, we were potentially entombing any hellbenders living inside~~ the ~~piers~~. ~~We had~~ to ~~carefully~~ plan ~~how it was going to be done~~.”		In September 2024, MoDOT joined the Nationwide Candidate Conservation Agreement with Assurances (CCAA). The CCAA is a voluntary collaborative agreement with the USFWS to address the needs of at-risk species before they become listed as endangered or threatened, while allowing MoDOT to continue maintaining the roads for the public even if the species becomes listed. MoDOT joined more than 70 organizations in the energy and transportation sectors in supporting the habitats of monarch butterflies on existing state rights of way (ROW).
	\|-
	~~\|Working together~~, ~~MoDOT~~, ~~MDC~~, the ~~Corps and the FWS decided to allow biologists to dive and search around~~ the ~~bridge~~, ~~and within~~ the ~~eroded piers~~, ~~for hellbenders prior to starting work. Any hellbenders discovered during~~ the ~~search would be removed and re~~-located to a safe area. Since hellbenders can wedge themselves into tight spaces where they could be hard to find, MoDOT’s bridge maintenance personnel made changes to their plans that allowed any unseen hellbenders to escape prior to pouring the ~~concrete. They also made sure their design for forming up the concrete was as tight as possible to avoid contaminating the clean waters of the hellbenders’ environment.~~		Becoming a partner in the CCAA prior to the possible listing of monarch butterflies by USFWS allows MoDOT to select the best locations to create and/or maintain pollinator habitats (“adopted acres”) while enabling current maintenance practices on the remaining ROW to continue. During a five-year ramp-up period, MoDOT will implement conservation measures on approximately 3,000 acres per year to reach a goal of 14,733 adopted acres of ROW that will be maintained annually. This means MoDOT crews will strategically mow and use targeted herbicide treatments that will reduce invasive plants and encourage native flowers that are food sources for the monarch butterflies, including milkweed.
	\|-
	~~\|MoDOT has a responsibility to protect endangered species~~ and ~~the environment while delivering transportation projects on time~~ and ~~within budget, although~~ that ~~balancing act can sometimes get tricky.~~		MoDOT is responsible for maintaining more than 400,000 acres of ROW for 34,000 miles of state-maintained roadways. MoDOT staff are identifying and mapping areas of state ROW that already have good pollinator habitat and those that are good spaces to adopt as new habitat acres as part of the CCAA plan. It will not include areas that we regularly mow for sight distance or areas that we need to mow to keep the right of way clear for safety reasons, but it will provide additional habitat for the monarch and other important pollinator insects compared to existing conditions. MoDOT is committed to developing a plan that balances safety and sight distance with the habitat needs of pollinators.
	\|-
	~~\|Great strides~~ are ~~being made to keep Ozark hellbender populations healthy in Missouri. When the project is finished~~, the ~~bridge will remain open~~ to ~~traffic,~~ and the ~~habitat conditions around the bridge will continue~~ to be ~~suitable for hellbenders as well as for other aquatic life. MDC will continue~~ to ~~monitor~~ the ~~hellbenders in~~ the ~~stream~~ to ~~ensure these amphibians have a healthy chance of survival~~.		Nationwide, the CCAA program’s total acreage of committed habitat, or adopted acres, is 1.2 million acres. To reach the habitat goals on the 14,733 adopted acres over the next five years, MoDOT will implement the following conservation measures:
	~~\|} ]]~~
			* Conservation mowing:
			:• September 30 – March 31
			:• July 1-20 (if mowing is required outside the above dates)
			* Spot herbicide treatment
			* Idle land set-asides
			* Brush removal
			* Seeding and planting of native flowering plants
			:• Establish milkweed
			:• Establish native flowering plant with 10% or greater coverage

			Next Steps:
			* Identify and map areas of state rights of way that already have pollinator habitat
			* Identify other areas of state rights of way that are good candidates for adopted acres, approximately 3,000 acres per year for five years across the state:
			* Implement conservation measures on these adopted acres (to be completed by MoDOT Maintenance and Construction)
			* Annual monitoring of the acres (to be completed by MoDOT Environmental)
			*Annual reporting (to be completed by MoDOT Environmental)

			For more information on the CCAA and the efforts to support habitat for pollinators on State ROW, please contact MoDOT Environmental at (573) 526-4778.
			</div>

	At this stage, the primary concern is assuring that all JSPs and special conservation measures are being implemented. Prior to letting, MoDOT resident engineers and inspectors should be informed of all issues and any special requirements or JSPs. Contractors should also be informed of these issues prior to construction. If MoDOT fails to implement the measures agreed upon during consultation with the FWS, the project can be shut down immediately and FHWA and MoDOT will have to start the consultation process over again. This can create lengthy project delays and result in significant fines.		At this stage, the primary concern is assuring that all JSPs and special conservation measures are being implemented. Prior to letting, MoDOT resident engineers and inspectors should be informed of all issues and any special requirements or JSPs. Contractors should also be informed of these issues prior to construction. If MoDOT fails to implement the measures agreed upon during consultation with the FWS, the project can be shut down immediately and FHWA and MoDOT will have to start the consultation process over again. This can create lengthy project delays and result in significant fines.

Hoskir: /* 127.7.2.2 Environmental Section Responsibilities */ updated link to agreement link

2025-01-29T15:50:51Z

127.7.2.2 Environmental Section Responsibilities: updated link to agreement link

← Older revision		Revision as of 10:50, 29 January 2025
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	\|style=background:#99cc99 align="center"\|'''Informal Consultation'''		\|style=background:#99cc99 align="center"\|'''Informal Consultation'''
	\|-style="background:#~~cccccc~~"		\|-style="background:#f4f6f6"
	\|Informal consultation is conducted when a T&E species or critical habitat is known, or likely to occur, in the area of a proposed project but MoDOT (acting for FHWA) has determined that the project is “not likely to adversely affect” the species. Informal consultation can only be done if FHWA and MoDOT can provide data to show that they have removed all potential for their project to have an adverse effect on the species or its critical habitat. Informal consultation usually involves MoDOT environmental staff submitting a letter to FWS describing the project and providing information to show that the project is not likely to adversely affect the species. However, before the letter can be written, the environmental specialist may need to conduct site visits, coordinate with personnel from FWS and MDC, or facilitate hiring consultants to conduct research to obtain additional information about the species or the habitat. The environmental specialist will also coordinate with the district to obtain specific details about the project and to determine what project modifications would be feasible (e.g., no tree cutting during bat breeding season). Once the letter is submitted to the FWS, they usually respond within 30 days. If they concur with the “not likely to adversely affect” determination, then additional clarification and protection measures may be needed. If adverse effect still cannot be removed, then formal consultation would likely be necessary. Informal consultation starts with discussions of the project details with FWS and should begin early in project development. Informal consultation should be submitted three to six months prior to letting to allow time to complete the process and avoid project delays.		\|Informal consultation is conducted when a T&E species or critical habitat is known, or likely to occur, in the area of a proposed project but MoDOT (acting for FHWA) has determined that the project is “not likely to adversely affect” the species. Informal consultation can only be done if FHWA and MoDOT can provide data to show that they have removed all potential for their project to have an adverse effect on the species or its critical habitat. Informal consultation usually involves MoDOT environmental staff submitting a letter to FWS describing the project and providing information to show that the project is not likely to adversely affect the species. However, before the letter can be written, the environmental specialist may need to conduct site visits, coordinate with personnel from FWS and MDC, or facilitate hiring consultants to conduct research to obtain additional information about the species or the habitat. The environmental specialist will also coordinate with the district to obtain specific details about the project and to determine what project modifications would be feasible (e.g., no tree cutting during bat breeding season). Once the letter is submitted to the FWS, they usually respond within 30 days. If they concur with the “not likely to adversely affect” determination, then additional clarification and protection measures may be needed. If adverse effect still cannot be removed, then formal consultation would likely be necessary. Informal consultation starts with discussions of the project details with FWS and should begin early in project development. Informal consultation should be submitted three to six months prior to letting to allow time to complete the process and avoid project delays.
	\|-		\|-
	\|style="background:#~~cccccc~~" align="center"\|'''Range-wide Programmatic Informal Consultation for<br/>Indiana Bat and Northern Long-eared Bat'''		\|style="background:#f4f6f6" align="center"\|'''Range-wide Programmatic Informal Consultation for<br/>Indiana Bat and Northern Long-eared Bat'''
	\|-		\|-
	\|style="background:#~~cccccc~~"\|A project may qualify for consultation under a programmatic agreement for summer bat habitat impacts if certain conditions can be met. USFWS and FHWA entered into an agreement in April 2015 for streamlining consultation for projects that are “not likely to adversely affect” Indiana and northern long-eared bats. [~~http~~://www.fws.gov/~~midwest~~/endangered/~~section7/fhwa/index.html~~ More information about this programmatic consultation agreement] is available. Generally, if the suitable bat summer habitat trees to be removed for the project are entirely within 100 ft. of the existing road, and MoDOT and FHWA agree to seasonal tree clearing (i.e. clearing suitable bat habitat only between November 1 and March 31) then the project likely qualifies for programmatic consultation. This involves MODOT environmental staff submitting a form to FWS describing project details and verifying the project meets the programmatic consultation criteria. The justification for this submittal is taken from the evaluation of the project impacts. It will be necessary to commit to seasonal tree clearing restrictions. Once the form is submitted to the FWS, they have 14 days to ask for additional information. If there is no comment during that time, the project has automatic concurrence for Indiana and northern long-eared bat impacts. If “no effect” determinations are made for all other species, then Section 7 ESA consultation is complete and MoDOT will notify the district with environmental clearance.		\|style="background:#f4f6f6"\|A project may qualify for consultation under a programmatic agreement for summer bat habitat impacts if certain conditions can be met. USFWS and FHWA entered into an agreement in April 2015 for streamlining consultation for projects that are “not likely to adversely affect” Indiana and northern long-eared bats. [https://www.fws.gov/program/endangered-species/bat-consultation-conservation-strategy More information about this programmatic consultation agreement] is available. Generally, if the suitable bat summer habitat trees to be removed for the project are entirely within 100 ft. of the existing road, and MoDOT and FHWA agree to seasonal tree clearing (i.e. clearing suitable bat habitat only between November 1 and March 31) then the project likely qualifies for programmatic consultation. This involves MODOT environmental staff submitting a form to FWS describing project details and verifying the project meets the programmatic consultation criteria. The justification for this submittal is taken from the evaluation of the project impacts. It will be necessary to commit to seasonal tree clearing restrictions. Once the form is submitted to the FWS, they have 14 days to ask for additional information. If there is no comment during that time, the project has automatic concurrence for Indiana and northern long-eared bat impacts. If “no effect” determinations are made for all other species, then Section 7 ESA consultation is complete and MoDOT will notify the district with environmental clearance.
	\|}		\|}
	:		:
	{\|border="1" width="950"		{\|border="1" width="950"
	\|-		\|-
	\|style=background:#~~99cc99~~ align="center"\| '''Formal Consultation'''		\|style=background:#f4f6f6 align="center"\| '''Formal Consultation'''
	\|-style="background:#~~cccccc~~"		\|-style="background:#f4f6f6"
	\|Formal consultation is required when it is determined that a project is likely to adversely affect a federally listed species or critical habitat. The purpose of formal consultation is to identify and resolve potential conflicts between a proposed project and a T&E species or critical habitat. The process is initiated when FHWA submits a letter to the FWS requesting formal consultation for a project; a biological assessment (BA) usually accompanies the letter. MoDOT environmental staff (acting for FHWA) prepare the BA, which contains specific, detailed information on a federally listed threatened or endangered species or designated critical habitat that may be present in or near the project area. The BA also includes an impact assessment and describes conservation measures that will be implemented to eliminate or minimize the project’s impacts on the species. As with informal consultation, research may be necessary to collect additional information on the species. Because of all the information that needs to go into a BA and the importance of having the most current information available, preparing a BA takes a considerable amount of time. BA preparation requires close coordination with the district to determine specific information about the project and what modifications might be feasible. The ESA gives the FWS 135 days to respond once FHWA initiates formal consultation and submits the information necessary for the FWS to evaluate the project and its potential impacts. The FWS response includes a Biological Opinion in which the FWS provides reasonable and prudent measures that need to be incorporated into the project. These reasonable and prudent measures are intended to eliminate or minimize any negative impacts to the species. The Biological Opinion may also include an incidental take statement that allows the take of a specified number of individuals of that species. When possible, formal consultation should begin at least one to two years prior to letting to allow time to complete the process.		\|Formal consultation is required when it is determined that a project is likely to adversely affect a federally listed species or critical habitat. The purpose of formal consultation is to identify and resolve potential conflicts between a proposed project and a T&E species or critical habitat. The process is initiated when FHWA submits a letter to the FWS requesting formal consultation for a project; a biological assessment (BA) usually accompanies the letter. MoDOT environmental staff (acting for FHWA) prepare the BA, which contains specific, detailed information on a federally listed threatened or endangered species or designated critical habitat that may be present in or near the project area. The BA also includes an impact assessment and describes conservation measures that will be implemented to eliminate or minimize the project’s impacts on the species. As with informal consultation, research may be necessary to collect additional information on the species. Because of all the information that needs to go into a BA and the importance of having the most current information available, preparing a BA takes a considerable amount of time. BA preparation requires close coordination with the district to determine specific information about the project and what modifications might be feasible. The ESA gives the FWS 135 days to respond once FHWA initiates formal consultation and submits the information necessary for the FWS to evaluate the project and its potential impacts. The FWS response includes a Biological Opinion in which the FWS provides reasonable and prudent measures that need to be incorporated into the project. These reasonable and prudent measures are intended to eliminate or minimize any negative impacts to the species. The Biological Opinion may also include an incidental take statement that allows the take of a specified number of individuals of that species. When possible, formal consultation should begin at least one to two years prior to letting to allow time to complete the process.
	\|}		\|}

Hoskir: /* 127.7.6.2 Laws and Regulations */ updated per email

2024-09-06T19:36:26Z

127.7.6.2 Laws and Regulations: updated per email

← Older revision		Revision as of 14:36, 6 September 2024
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	===127.7.6.2 Laws and Regulations===		===127.7.6.2 Laws and Regulations===
	[https://www.fws.gov/laws/lawsdigest/migtrea.html The Migratory Bird Treaty Act of 1918] makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase or barter any migratory bird, or the parts, nests or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The migratory bird species protected by the act are listed in [https://www.~~fws~~.gov/~~migratorybirds~~/~~pdf~~/~~policies~~-~~and~~-~~regulations~~/~~MBTAListofBirdsFinalRule~~.~~pdf~~ 50 CFR 10.13]. “Take” refers to killing adults, eggs or young of the bird species protected by the act.		[https://www.fws.gov/laws/lawsdigest/migtrea.html The Migratory Bird Treaty Act of 1918] makes it illegal for anyone to take, possess, import, export, transport, sell, purchase, barter, or offer for sale, purchase or barter any migratory bird, or the parts, nests or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The migratory bird species protected by the act are listed in [https://www.ecfr.gov/current/title-50/chapter-I/subchapter-B/part-10/subpart-B/section-10.13 50 CFR 10.13]. “Take” refers to killing adults, eggs or young of the bird species protected by the act.

	===127.7.6.3 Process===		===127.7.6.3 Process===

Hoskir: /* 127.7.6.4 District Responsibilities */ updated JSP link

2023-03-06T13:37:19Z

127.7.6.4 District Responsibilities: updated JSP link

← Older revision		Revision as of 08:37, 6 March 2023
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	===127.7.6.4 District Responsibilities===		===127.7.6.4 District Responsibilities===
	This district is responsible for reporting any nests known to be present on the structure when submitting and RES. If nests are present, the [https://~~spexternal~~.modot.~~mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc=/sites~~/de/JSP/NJSP1606.docx~~&action=default~~ JSP for avoidance] will be used and must be followed. If the district would like to include any bridges on the annual depredation permit, they must notify their Environmental contact. Bridges can be added to the permit at any time, but it is best to include it in the initial permit application (usually submitted to APHIS and USFWS each January). Removal of active nests under the depredation permit requires annual reporting to the USFWS. The Environmental contact will distribute a form to district Design and Construction Management staff late in the calendar year for reporting nests taken during the previous construction season.		This district is responsible for reporting any nests known to be present on the structure when submitting and RES. If nests are present, the [https://epg.modot.org/forms/JSP/NJSP1606.docx JSP for avoidance] will be used and must be followed. If the district would like to include any bridges on the annual depredation permit, they must notify their Environmental contact. Bridges can be added to the permit at any time, but it is best to include it in the initial permit application (usually submitted to APHIS and USFWS each January). Removal of active nests under the depredation permit requires annual reporting to the USFWS. The Environmental contact will distribute a form to district Design and Construction Management staff late in the calendar year for reporting nests taken during the previous construction season.

	===127.7.6.5 Environmental Section Responsibilities===		===127.7.6.5 Environmental Section Responsibilities===

Smithk: minor clarifications

2021-11-24T18:28:10Z

minor clarifications

Smithk: Removed "(T&E)" from title of article to accommodate a consultant who could not access the article because of the ampersand.

2019-08-22T15:46:43Z

Removed "(T&E)" from title of article to accommodate a consultant who could not access the article because of the ampersand.

← Older revision		Revision as of 10:46, 22 August 2019
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	===127.7.1.1 Overview===		===127.7.1.1 Overview===
	Threatened and endangered species considerations for MoDOT and FHWA federally funded projects include potential impacts to rare plants, animals, critical habitat, and natural communities (e.g., caves, prairies, karst).		Threatened and endangered (T&E) species considerations for MoDOT and FHWA federally funded projects include potential impacts to rare plants, animals, critical habitat, and natural communities (e.g., caves, prairies, karst).

	Federal laws require FHWA and MoDOT to thoroughly address any potential impacts their projects might have on federally listed T&E species and eliminate or minimize those impacts.		Federal laws require FHWA and MoDOT to thoroughly address any potential impacts their projects might have on federally listed T&E species and eliminate or minimize those impacts.

Smithk: Smithk moved page 127.7 Threatened and Endangered Species (T&E) to 127.7 Threatened and Endangered Species: Removed "(T&E)" from title of article to accommodate a consultant who could not access the article because of the ampersand.

2019-08-22T15:45:59Z

Smithk moved page 127.7 Threatened and Endangered Species (T&E) to 127.7 Threatened and Endangered Species: Removed "(T&E)" from title of article to accommodate a consultant who could not access the article because of the ampersand.

← Older revision	Revision as of 10:45, 22 August 2019
(No difference)

Smithk: /* 127.7.6.4 District Responsibilities */ link to JSP

2016-08-26T14:22:25Z

127.7.6.4 District Responsibilities: link to JSP

← Older revision		Revision as of 09:22, 26 August 2016
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	===127.7.6.4 District Responsibilities===		===127.7.6.4 District Responsibilities===
	This district is responsible for reporting any nests known to be present on the structure when submitting and RES. If nests are present, the JSP for avoidance will be used and must be followed. If the district would like to include any bridges on the annual depredation permit, they must notify their Environmental contact. Bridges can be added to the permit at any time, but it is best to include it in the initial permit application (usually submitted to APHIS and USFWS each January). Removal of active nests under the depredation permit requires annual reporting to the USFWS. The Environmental contact will distribute a form to district Design and Construction Management staff late in the calendar year for reporting nests taken during the previous construction season.		This district is responsible for reporting any nests known to be present on the structure when submitting and RES. If nests are present, the [https://spexternal.modot.mo.gov/sites/de/_layouts/15/WopiFrame.aspx?sourcedoc=/sites/de/JSP/NJSP1606.docx&action=default JSP for avoidance] will be used and must be followed. If the district would like to include any bridges on the annual depredation permit, they must notify their Environmental contact. Bridges can be added to the permit at any time, but it is best to include it in the initial permit application (usually submitted to APHIS and USFWS each January). Removal of active nests under the depredation permit requires annual reporting to the USFWS. The Environmental contact will distribute a form to district Design and Construction Management staff late in the calendar year for reporting nests taken during the previous construction season.

	===127.7.6.5 Environmental Section Responsibilities===		===127.7.6.5 Environmental Section Responsibilities===

← Older revision		Revision as of 13:28, 24 November 2021
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	The ESA requires federal agencies to evaluate every project and determine whether it could have a negative impact on any federally listed T&E species or their critical habitat. FHWA and MoDOT must use the best available scientific information to evaluate their projects and they must provide data to support their determination of impact. Under the ESA, no action can be taken that will jeopardize the continued existence of any federally listed threatened or endangered species or result in the destruction or adverse modification of critical habitat for such species. If an action will impact a T&E species or critical habitat, FHWA and MoDOT must consult with the FWS to determine how to eliminate or minimize those impacts. The assessment of potential impacts to T&E species should occur frequently throughout the development of each project because information regarding T&E species is constantly changing and being updated. To get an idea of how MoDOT assesses impacts to some species, refer to the [https://www.youtube.com/watch?v=tJrQ9LMXo7c&feature=youtu.be MoDOT T&E Program Guidance video] developed for the Local Public Agency program sponsors and consultants.		The ESA requires federal agencies to evaluate every project and determine whether it could have a negative impact on any federally listed T&E species or their critical habitat. FHWA and MoDOT must use the best available scientific information to evaluate their projects and they must provide data to support their determination of impact. Under the ESA, no action can be taken that will jeopardize the continued existence of any federally listed threatened or endangered species or result in the destruction or adverse modification of critical habitat for such species. If an action will impact a T&E species or critical habitat, FHWA and MoDOT must consult with the FWS to determine how to eliminate or minimize those impacts. The assessment of potential impacts to T&E species should occur frequently throughout the development of each project because information regarding T&E species is constantly changing and being updated. To get an idea of how MoDOT assesses impacts to some species, refer to the [https://www.youtube.com/watch?v=tJrQ9LMXo7c&feature=youtu.be MoDOT T&E Program Guidance video] developed for the Local Public Agency program sponsors and consultants.

	The district must complete and submit a Request for Environmental Services ([[127.1 Request for Environmental Services\| RES]]) to make the ~~design division’s~~ environmental section aware of a proposed project. Upon receiving an RES from the district, environmental staff will use publications, reports, and databases to screen the project and determine whether there are any known locations of federally or state listed species, critical habitat, or rare natural communities within the project limits or whether the project has the potential to impact a species that occurs nearby. The environmental specialist may also coordinate with FWS and the Missouri Department of Conservation (MDC) to determine whether the project is likely to impact any sensitive biological resources.		The district must complete and submit a Request for Environmental Services ([[127.1 Request for Environmental Services\| RES]]) to make the Design Division’s environmental section aware of a proposed project. Upon receiving an RES from the district, environmental staff will use publications, reports, and databases to screen the project and determine whether there are any known locations of federally or state listed species, critical habitat, or rare natural communities within the project limits or whether the project has the potential to impact a species that occurs nearby. The environmental specialist may also coordinate with FWS and the Missouri Department of Conservation (MDC) to determine whether the project is likely to impact any sensitive biological resources.

	[[image:127.7.2.jpg\|center\|800px\|thumb\|<center>'''Missouri is home to 14 species of bats. Three of these species are federally protected and call Missouri caves and forests home. Occasionally, they also call our infrastructure “home”, at least temporarily. Bats can form colonies on or in bridges or use them as temporary day or night roosts, sleeping during the day, or stopping over at bridges to rest at night while feeding. Only one of these photos shows bats in a “natural” habitat; the top left photo is of Indiana bats clustering in a cave, which would be during winter hibernation. The rest are all photos of bats, even federally protected species, taking advantage of the cracks and crevices in our bridge structures. MoDOT environmental takes care to check our bridges for signs of bat use prior to bridge rehabilitation or replacement projects. If you do ever see bats utilizing bridges, please do not disturb them and report the occurrence to the Environmental Staff at MoDOT. </center>''']]		[[image:127.7.2.jpg\|center\|800px\|thumb\|<center>'''Missouri is home to 14 species of bats. Three of these species are federally protected and call Missouri caves and forests home. Occasionally, they also call our infrastructure “home”, at least temporarily. Bats can form colonies on or in bridges or use them as temporary day or night roosts, sleeping during the day, or stopping over at bridges to rest at night while feeding. Only one of these photos shows bats in a “natural” habitat; the top left photo is of Indiana bats clustering in a cave, which would be during winter hibernation. The rest are all photos of bats, even federally protected species, taking advantage of the cracks and crevices in our bridge structures. MoDOT environmental takes care to check our bridges for signs of bat use prior to bridge rehabilitation or replacement projects. If you do ever see bats utilizing bridges, please do not disturb them and report the occurrence to the Environmental Staff at MoDOT. </center>''']]
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	At the initial project screening stage, the environmental specialist performs a cursory identification of potential issues related to T&E species or other sensitive biological resources. The environmental specialist reviews recent publications, reports, and databases related to these resources to determine whether any T&E species are known to occur in the area and the likelihood that the project will have a negative impact on such species or other biological resources.		At the initial project screening stage, the environmental specialist performs a cursory identification of potential issues related to T&E species or other sensitive biological resources. The environmental specialist reviews recent publications, reports, and databases related to these resources to determine whether any T&E species are known to occur in the area and the likelihood that the project will have a negative impact on such species or other biological resources.

	The district initiates this process by submitting an [[127.1 Request for Environmental Services\| RES]] to the ~~design division~~. A complete RES should include the amount of tree clearing, if any, whether or not bridges in the project area are exempted out of the project, if there is evidence of birds or bats using the underside of bridges or box culverts as habitat, a map of the project locations, complete footprint and aerial of the project limits, and a full description of the project components. If the RES is completed in its entirety, usually no additional information will be required from the district. Any findings pertinent to the project will be relayed to the district in the RES response, which will also indicate what type of coordination with FWS is believed necessary, if any.		The district initiates this process by submitting an [[127.1 Request for Environmental Services\| RES]] to the Design Division. A complete RES should include the amount of tree clearing, if any, whether or not bridges in the project area are exempted out of the project, if there is evidence of birds or bats using the underside of bridges or box culverts as habitat, a map of the project locations, complete footprint and aerial of the project limits, and a full description of the project components. If the RES is completed in its entirety, usually no additional information will be required from the district. Any findings pertinent to the project will be relayed to the district in the RES response, which will also indicate what type of coordination with FWS is believed necessary, if any.

	===127.7.3.2 Location/Conceptual Plan Stage===		===127.7.3.2 Location/Conceptual Plan Stage===
	At the location/conceptual plan stage, the environmental specialist screens the project again but may also contact resource and regulatory agencies to determine whether they have any concerns with the project.		At the location/conceptual plan stage, the environmental specialist screens the project again but may also contact resource and regulatory agencies to determine whether they have any concerns with the project.

	The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the Design Division or for projects that require an Environmental Assessment ([[127.26 Environmental Classification\| EA]]) or an Environmental Impact Statement ([[127.26 Environmental Classification\| EIS]]), the ~~design division~~ and the district will determine when to begin this process. The district may be required to obtain and submit additional information about the project at this stage. Any findings pertinent to the project will be relayed to the district in the RES response and through core team participation.		The district initiates this process by submitting an [[127.1 Request for Environmental Services\|RES]] to the Design Division or for projects that require an Environmental Assessment ([[127.26 Environmental Classification\| EA]]) or an Environmental Impact Statement ([[127.26 Environmental Classification\| EIS]]), the Design Division and the district will determine when to begin this process. The district may be required to obtain and submit additional information about the project at this stage. Any findings pertinent to the project will be relayed to the district in the RES response and through core team participation.

	===127.7.3.3 Interagency Coordination (Scoping)===		===127.7.3.3 Interagency Coordination (Scoping)===
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	===127.7.3.5 Preliminary Plans Stage===		===127.7.3.5 Preliminary Plans Stage===

	At the preliminary plans stage, if no T&E issues have been identified to date, a process similar to that described for the initial project screening is repeated. The district initiates this process by submitting an [[127.1 Request for Environmental Services\| RES]] to the ~~design division~~. The environmental specialist screens the project and verifies that no new information has become available since the last screening. Any new findings pertinent to the project will be relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager.		At the preliminary plans stage, if no T&E issues have been identified to date, a process similar to that described for the initial project screening is repeated. The district initiates this process by submitting an [[127.1 Request for Environmental Services\| RES]] to the Design Division. The environmental specialist screens the project and verifies that no new information has become available since the last screening. Any new findings pertinent to the project will be relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager.

	At this stage if it has been determined that the project could have an impact on a T&E species or critical habitat, the environmental specialist will begin coordinating with FWS to determine the type of consultation (formal or informal, as discussed in [[#127.7.2 Process\|EPG 127.7.2 Process)]] that will be necessary. Depending on the project’s schedule, the extent of the potential impact, the type of consultation necessary, the species impacted, etc., the environmental specialist may begin consultation with FWS at this stage. Many MoDOT projects require U.S. Army Corps of Engineers Section 404 permits and some require U.S. Coast Guard permits. These agencies will not issue permits until all ESA requirements have been completed with the FWS so it is important that coordination with the FWS begin early in the project development process. The district will need to provide additional information during consultation with FWS.		At this stage if it has been determined that the project could have an impact on a T&E species or critical habitat, the environmental specialist will begin coordinating with FWS to determine the type of consultation (formal or informal, as discussed in [[#127.7.2 Process\|EPG 127.7.2 Process)]] that will be necessary. Depending on the project’s schedule, the extent of the potential impact, the type of consultation necessary, the species impacted, etc., the environmental specialist may begin consultation with FWS at this stage. Many MoDOT projects require U.S. Army Corps of Engineers Section 404 permits and some require U.S. Coast Guard permits. These agencies will not issue permits until all ESA requirements have been completed with the FWS so it is important that coordination with the FWS begin early in the project development process. The district will need to provide additional information during consultation with FWS.
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	===127.7.3.6 Right of Way Plan Stage===		===127.7.3.6 Right of Way Plan Stage===

	At the right-of-way plan stage, if no T&E issues have been identified to date, the process described for earlier stages is repeated. The district initiates this process by submitting an [[127.1 Request for Environmental Services\| RES]] to the ~~design division~~, whereupon the environmental specialist will screen the project and make sure no new information has become available since the last screening. Any new findings pertinent to the project will be relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager.		At the right-of-way plan stage, if no T&E issues have been identified to date, the process described for earlier stages is repeated. The district initiates this process by submitting an [[127.1 Request for Environmental Services\| RES]] to the Design Division, whereupon the environmental specialist will screen the project and make sure no new information has become available since the last screening. Any new findings pertinent to the project will be relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager.

	At this stage, if it has been determined that the project could have an impact on a T&E species or critical habitat, consultation with FWS should be underway or should begin (refer to previous discussion in [[#127.7.2 Process\|EPG 127.7.2 Process]] for details on consultation). The district will be asked to provide additional information about the project during consultation. District staff may also be asked to attend meetings/site visits and to help develop or comment on suggested conservation measures. The environmental specialist will keep the district involved throughout the consultation process to assure that no commitments are made that cannot be met.		At this stage, if it has been determined that the project could have an impact on a T&E species or critical habitat, consultation with FWS should be underway or should begin (refer to previous discussion in [[#127.7.2 Process\|EPG 127.7.2 Process]] for details on consultation). The district will be asked to provide additional information about the project during consultation. District staff may also be asked to attend meetings/site visits and to help develop or comment on suggested conservation measures. The environmental specialist will keep the district involved throughout the consultation process to assure that no commitments are made that cannot be met.

	===127.7.3.7 Final Design Stage===		===127.7.3.7 Final Design Stage===
	At final design stage, if no T&E issues have been identified to date, the process described for earlier stages is repeated. The district submits an [[127.1 Request for Environmental Services\| RES]] to the ~~design division~~ and the environmental specialist screens the project to verify that no new information has become available. Any new findings pertinent to the project are relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager. If no threatened or endangered species issues are identified, the district will be notified that T&E issues are clear for this project.		At final design stage, if no T&E issues have been identified to date, the process described for earlier stages is repeated. The district submits an [[127.1 Request for Environmental Services\| RES]] to the Design Division and the environmental specialist screens the project to verify that no new information has become available. Any new findings pertinent to the project are relayed to the district in the RES response and the environmental specialist will discuss appropriate actions with the project manager. If no threatened or endangered species issues are identified, the district will be notified that T&E issues are clear for this project.

	At this stage, if it has been determined that the project could impact a T&E species or critical habitat, consultation with the FWS should be underway or already completed. The environmental specialist will keep the district informed of the status of this consultation and the projected completion date.		At this stage, if it has been determined that the project could impact a T&E species or critical habitat, consultation with the FWS should be underway or already completed. The environmental specialist will keep the district informed of the status of this consultation and the projected completion date.