Module 3Module 3Counterpart RegulationsCounterpart Regulations

Standards of Review for Standards of Review for Determining Project EffectsDetermining Project Effects

Overview of StandardsOverview of Standards

Provide the Logical Basis for the Provide the Logical Basis for the AnalysisAnalysis

Ensures Consistency with ESA and Ensures Consistency with ESA and Counterpart RegulationsCounterpart Regulations

Reflect Services’ Process for Reflect Services’ Process for Evaluating and Concurring with Evaluating and Concurring with Action Agency NLAA DeterminationsAction Agency NLAA Determinations

Foundation is in an Analysis of Foundation is in an Analysis of Exposure and Response Exposure and Response

Overview of ProcessOverview of Process

Identify the Action/

DeconstructAction

Identify the Action Area

Identify Species

and Critical Habitat

Describe Species Status

Conduct Effects Analysis

(Exposure and Response)

Determination of Effects

Identify the ProjectIdentify the Project(and Deconstruct the Action)(and Deconstruct the Action)

Where is the geographic location?Where is the geographic location? What is the purpose of the action?What is the purpose of the action? When is the action planned for When is the action planned for

implementation?implementation? How long will it take?How long will it take? What are the interrelated and What are the interrelated and

interdependent activities (if any)? interdependent activities (if any)? Are there any applicants?Are there any applicants?

Deconstruct the ProjectDeconstruct the Project

Thinning and Broadcast Burning

Burning

Crushing

Hauling

Skidding

Thinning

Identify the Action AreaIdentify the Action Area

Direct Effects +Direct Effects + Indirect Effects =Indirect Effects = Action AreaAction Area

Identify the Action AreaIdentify the Action Area

Direct Effects are Direct Effects are those that are those that are immediate and immediate and include include I&II&I actions. actions.

Indirect Effects are Indirect Effects are those caused by or those caused by or result from the result from the proposed action, proposed action, are later in time, are later in time, and are reasonably and are reasonably certain to occur.certain to occur.

Identify Species and Critical HabitatIdentify Species and Critical Habitat

Maintain current Maintain current species listsspecies lists

Species and CH Species and CH that overlap with that overlap with the action areathe action area

Frames future Frames future analysis for effects analysis for effects determinationdetermination

Species BiologySpecies Biology((provides context for how species may be affectedprovides context for how species may be affected))

RangeRange Seasonal DistributionSeasonal Distribution Population StabilityPopulation Stability Population DynamicsPopulation Dynamics

Life HistoryLife History Life StagesLife Stages

Threats to the speciesThreats to the species

Effects of the ActionEffects of the Action

Exposure Analysis:Exposure Analysis: Will a species or Will a species or Critical Habitat be exposed to Critical Habitat be exposed to environmental effects (direct and environmental effects (direct and indirect) of the action?indirect) of the action?

Response Analysis:Response Analysis: If exposed, what If exposed, what is the species or Critical Habitat is the species or Critical Habitat response?response?

(insignificant or discountable or (insignificant or discountable or completely beneficial or adverse?)completely beneficial or adverse?)

Exposure AnalysisExposure Analysis

Establishes the connection between Establishes the connection between a probable environmental effect a probable environmental effect (impact) and the species or critical (impact) and the species or critical habitat:habitat: Is there exposure?Is there exposure? What is the exposure?What is the exposure? Where would it occur?Where would it occur? Does exposure vary over time?Does exposure vary over time?

Exposure AnalysisExposure AnalysisFactors to ConsiderFactors to Consider

ProbabilityProbability (will an environmental effect actually occur?)(will an environmental effect actually occur?)

ProximityProximity (where is the effect in relation to the listed resource?)(where is the effect in relation to the listed resource?)

MagnitudeMagnitude (what is the severity and intensity of the effect?)(what is the severity and intensity of the effect?)

DistributionDistribution (what is the geographic area in which the effect will occur?)(what is the geographic area in which the effect will occur?)

FrequencyFrequency (how often will it occur?)(how often will it occur?)

DurationDuration (how long will it last?)(how long will it last?)

TimingTiming (when will it occur?)(when will it occur?)

Response AnalysisResponse Analysis

Combines information in exposure Combines information in exposure analysis with information on the analysis with information on the biology of the species or condition of biology of the species or condition of Critical HabitatCritical Habitat

Exposure must elicit a response or Exposure must elicit a response or reaction from the species or Critical reaction from the species or Critical HabitatHabitat

Response AnalysisResponse Analysis

Action results in noiseAction results in noise Noise disrupts breeding cycleNoise disrupts breeding cycle Noise does not disrupt foragingNoise does not disrupt foraging Action implemented after breeding Action implemented after breeding

seasonseason Action does not illicit a response from Action does not illicit a response from

the speciesthe species

Response AnalysisResponse Analysis

Responses can be:Responses can be: InsignificantInsignificant DiscountableDiscountable Completely beneficial, orCompletely beneficial, or AdverseAdverse

Disruption of essential behavioral Disruption of essential behavioral patterns result in negative and patterns result in negative and adverse responses (incidental take), adverse responses (incidental take), regardless of long-term net benefitsregardless of long-term net benefits

Response AnalysisResponse AnalysisOther ConsiderationsOther Considerations

Effect of the action = condition post- Effect of the action = condition post- implementation compared to pre-implementation compared to pre-implementationimplementation

Species resiliencySpecies resiliency UncertaintyUncertainty

Use of best available information?Use of best available information? Action modification to decrease risk?Action modification to decrease risk? Incorporation of new information?Incorporation of new information?

Example (Bull Trout)Example (Bull Trout)A proposed project will construct a 0.5 mile long paved pedestrian trail A proposed project will construct a 0.5 mile long paved pedestrian trail

adjacent to the Snohomish River.adjacent to the Snohomish River.

The project causes exposure The project causes exposure because:because:

Bull Trout use the Snohomish River Bull Trout use the Snohomish River within the action area.within the action area.

The proposed project will increase The proposed project will increase the potential for sediment to be the potential for sediment to be released into the River within the released into the River within the action area.action area.

Example (Bull Trout)Example (Bull Trout)A proposed project will construct a 0.5 mile long paved pedestrian trail A proposed project will construct a 0.5 mile long paved pedestrian trail

adjacent to the Snohomish River.adjacent to the Snohomish River.

The response is insignificant and discountable The response is insignificant and discountable because:because:

The project does not have in-water work components.The project does not have in-water work components. The project is located above the ordinary high water The project is located above the ordinary high water

mark of the Snohomish River.mark of the Snohomish River. The proposed project will result in the elimination of The proposed project will result in the elimination of

automobile parking adjacent to the Snohomish River.automobile parking adjacent to the Snohomish River. The project includes the planting of woody vegetation The project includes the planting of woody vegetation

along the approximately 10,000 square feet of shoreline.along the approximately 10,000 square feet of shoreline. To avoid erosion and sedimentation, earthwork will be To avoid erosion and sedimentation, earthwork will be

limited to the summer and will be completed by August limited to the summer and will be completed by August 31. Disturbed ground will be mulched and seeded.31. Disturbed ground will be mulched and seeded.

Example (Bald Eagle)Example (Bald Eagle)A proposed project will construct a 0.5 mile long paved pedestrian trail A proposed project will construct a 0.5 mile long paved pedestrian trail

adjacent to the Snohomish Riveradjacent to the Snohomish River..

The project causes exposure to The project causes exposure to the bald eagle and bald eagle the bald eagle and bald eagle habitat because:habitat because:

Noise impacts from pile driving and Noise impacts from pile driving and human activity will occur adjacent to human activity will occur adjacent to the Snohomish River where wintering the Snohomish River where wintering and foraging bald eagles might and foraging bald eagles might occur.occur.

Suitable perching and foraging Suitable perching and foraging habitat occurs within the action area.habitat occurs within the action area.

Example (Bald Eagle)Example (Bald Eagle)A proposed project will construct a 0.5 mile long paved pedestrian trail A proposed project will construct a 0.5 mile long paved pedestrian trail

adjacent to the Snohomish Riveradjacent to the Snohomish River..

The response is insignificant and The response is insignificant and discountable because:discountable because:

Noise impacts from pile driving will be Noise impacts from pile driving will be limited to the time period between August limited to the time period between August 15 and December 15 to avoid nesting and 15 and December 15 to avoid nesting and wintering activities.wintering activities.

The project will not result in impacts to bald The project will not result in impacts to bald eagle prey species.eagle prey species.

No significant loss of suitable perching or No significant loss of suitable perching or foraging habitat will occur.foraging habitat will occur.

The nearest nesting territory is The nearest nesting territory is approximately 0.5 miles away and is not in approximately 0.5 miles away and is not in line of sight.line of sight.

Determination of EffectDetermination of Effect

A summary of the facts that led to A summary of the facts that led to the conclusionthe conclusion

If If ALLALL responses are insignificant, responses are insignificant, discountable, or completely discountable, or completely beneficial; determination is NLAAbeneficial; determination is NLAA

If If ANYANY response is adverse; response is adverse; determination is LAA and determination is LAA and Counterpart Regulations do not Counterpart Regulations do not apply!apply!

NLAANLAA

InsignificantInsignificant effects relate to the size effects relate to the size of the impact and should not be able of the impact and should not be able to be meaningfully measured, to be meaningfully measured, detected, or evaluated. detected, or evaluated.

DiscountableDiscountable effects are those effects are those extremely unlikely to occur extremely unlikely to occur

BeneficialBeneficial effects are any positive effects are any positive effect without adverse effects to the effect without adverse effects to the species.species.

NLAANLAA

Based on best judgment, a person Based on best judgment, a person would not: (1) be able to would not: (1) be able to meaningfully measure, detect, or meaningfully measure, detect, or evaluate insignificant effects; or (2) evaluate insignificant effects; or (2) expect discountable effects to occur.expect discountable effects to occur.