PennDOT & Skelly and Loy

APC

THE BOG TURTLE –MAKING ROUTINE

CONSTRUCTION PROJECTS COMPLEX FOR THE PAST

20 YEARS

NOVEMBER 16, 2017Ben Berra, Director of Natural Resource Analysis & Principal Scientist, Skelly & Loy, Inc.

ANNUAL BOG TURTLE ACTIVITY PERIODS

November – April: Brumation (Hibernation)April – June: Emergence/Feeding/BreedingJune – August: Nesting August – September: HatchingSeptember – October: Pre-Brumation

Inactive Bog Turtle Season: November 1 – March 31 Active Bog Turtle Season: April 1 – October 31

Federally Threatened and State Endangered Species under jurisdiction of USFWS and PFBC

Impacts to Bog Turtles and their habitats are prohibited

If Bog Turtle habitat is present in proximity to a project’s LOD, permits issued by DEP and USACE will be conditioned to ensure the protection of the species

During Construction, Special Provisions/Permit Conditions outlining Avoidance and Minimization Measures (AMMs)/BMPs for BTs must be followed

WHAT’S THE BACKSTORYWITH BOG TURTLES?

If Take of the species occurs:Federal Civil Penalties = $25k for each offenseFederal Criminal Penalties = $50k + incarceration

Permits & Authorizations for projects can be suspended if special permit conditions are not implemented properly or if Take occurs

Schedule delays and increased costs can occur if project plans are changed or modified during construction due to additional agency coordination

WHAT’S THE BIG DEAL

Routine Maintenance (culverts, drainage, etc.)

Small Bridge and Larger Box Replacements

3R Roadway Improvements

Large Bridges and Major Roadway Improvements

New Alignments

Area of review for All Projects includes the LOD plus 300 feet

TYPES OF TRANSPORTATION PROJECTS INFLUENCED BY BOG TURTLES

ITEMS TYPICALLY INCLUDED IN BID PACKAGE SPECIAL PROVISION

Perform all work per DEP and USACE Permits Pre-Construction: Utilities, Geotech, etc. Contractor Training and Compliance Monitoring Exclusion Barriers: Hand Installation, Daily Inspections and

Maintenance, Stop Work Orders for Barrier Breaches Limited Plan Modifications During Construction, including

Off-Site Wasting of Fill, Supplemental Work Spaces, etc. Time-of-Year Restrictions: Site Specific to Habitat Types Choking of Rip-Rap/Scour Protection Invasive Species Introduction Control Fuel/Fluid Management Requirements and SPCC Plans Hydraulic Hammer and Vibratory Driver Restrictions Post-Construction Clean-up Requirements Reporting: Daily, Weekly, Monthly, and Close-Out

VALLEY CREEK

PROGRAMMATIC AGREEMENT IN DEVELOPMENT FOR BOG TURTLE

PennDOT Central Office and FHWA are working with USFWS to streamline consultation process

Would allow for more predictable results during consultation

Review times for most projects would be greatly reduced

Over 90% of Transportation Projects facing potential Bog Turtle issues would benefit from this expedited, efficient review process

Standard Avoidance and Minimization Measures (AMMs) will be a component of this agreement

Questions?

APC – BOG TURTLE