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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
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