02/05/08 (incorporates ESB comments)
4.4.9General Ecology and Wildlife Resources
- Subsections:
This section may contain the following unnumbered subsections:
Fish, Wildlife, and Waterfowl
Habitat Areas, Wildlife Refuges, and Wildfowl Refuges
Federal Endangered and Threatened Species
Invasive Species
Roadside Vegetation Management
- Regulatory Framework and Guidance:
Fish and Wildlife Coordination Act
CMP Policy 7 - Ecology and Significant Coastal Fish and Wildlife Habitats
ECL Article 15 Title 3 - Aquatic Pesticides Control
ECL Article 15 Title 5 - Protection of Waters
6 NYCRR 329 - NYSDEC Insect Permit
6 NYCRR 327 - NYSDEC Aquatic Vegetation Permit
6 NYCRR 328 - NYSDEC Fish Permit
16 USC 760(c) to 760(g) - migratory birds
Endangered Species Act, Section 7
Endangered Species Act Section 103 - Marine Protection, Research, and Sanctuaries
Executive Order 11990 - waterfowl breeding areas
Executive Order 13112 - invasive species
- Interagency Coordination:
Document any consultation or coordination with outside agencies (meetings, site visits, major submissions and correspondence, permit, needs, consultation, etc.).
NYSDEC - consultation, data files, review, permits
USFWS - consultation
NPS - consultation
USDA - consultation regarding waterfowl breeding areas
National Marine Fisheries Service – consultation
- Cross-reference:
4.4.6Coastal Resources/ Ecology and Significant Coastal Fish and Wildlife Habitats
4.4.12 Parks and Recreational Resources/Adirondack Park
4.6Construction Effects
4.7Indirect (Secondary) Effects
4.8Cumulative Effects
Appendices - Environment/Endangered and Threatened Species Report
Appendices - Environment/Biological Assessment
Appendices - Stakeholders and Public Input
Appendices - 4(f) Evaluation, if required
Fish, Wildlife, and Waterfowl
- Topics may include, but are not limited to:
Field and initial study survey
Special habitats
Breeding areas
Consistency with EO 11990
Effects (impacts) assessment
Interruption of wildlife movements
Biological Assessment
Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)
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[Use in all cases]
A cursory review of the projects area of potential effect indicates that there is OR is not a special habitat OR breeding area for certain species of plants OR animals. Describe habitat, location and species.
NYSDOT will consult with USFWS OR NYSDEC OR other agency and conduct an assessment of possible impacts to this species OR habitat OR area, and identify measures to mitigate them.
Sample: NYSDEC GIS information indicates that the segment of the Batten Kill adjacent to the project corridor is suitable for trout spawning. NYSDOT will consult with NYSDEC and conduct an assessment of possible impacts to the trout habitat. Precautions will be taken to ensure that water temperatures and quality are protected, and that the movement of the trout is not affected during critical spawning periods.
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Habitat Areas, Wildlife Refuges, and Wildfowl Refuges
- Topics may include, but are not limited to:
Wildlife or Waterfowl Refuges
Habitat Areas
Ecology and Significant Coastal Fish and Wildlife Habitats
Effects (impacts) assessment
Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)
Section 4(f) involvement
- For 4(f) to apply, the officials having jurisdiction over the site must determine that the entire site is significant.
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[Use for projects having no Federal-aid]
The proposed project is 100% State funded, therefore Section 4(f) of the US Department of Transportation Act does not apply.
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[Use if no refuge is within the project’s area of potential effect]
The proposed project does not involve work in, or adjacent to, a wildlife or waterfowl refuge. No further consideration is required.
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[Use is a wildlife/waterfowl refuge is within the project’s area of potential effect, but is not affected]
The proposed project is located within a wildlife ORwaterfowl refuge, identify refuge. However, the project will not adversely affect the refuge and does not involve “use” of such land. This project qualifies as a Programmatic 4(f). Associated correspondence is included in Appendix --.
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______[Use if a wildlife/waterfowl refuge is affected by the project]
The proposed project involves a change of use or easement in a wildlife or waterfowl refuge. A separate 4(f) evaluationhas been OR will be prepared to justify the “use” of this land. It will includes the findings that: (1) there is no feasible and prudent alternative to the use of land from the property; and (2) the action includes all possible planning to minimize harm to the property resulting in such use. If evaluation had been prepared, include it in Appendix --.
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Endangered and Threatened Species
- Topics may include, but are not limited to:
State Endangered or Threatened Species
Federal Endangered or Threatened Species
Potential E/T presence
Initial site screening findings
Site survey and assessment
Biological assessment
Effects (impacts) assessment
Nature, extent and significance of potential impacts from feasible alternatives
Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)
- Projects are reviewed for the presence of State protected species within ½ mile of the project. This review is conducted, initially, utilizing the GIS data files from NYSDEC. This GIS information is non-specific, in that it only tells if a species is plant or animal. If a species ‘hit’ is found, then specific information on the species is collected through correspondence with the Natural Heritage Unit. Upon receipt of the detailed information from the Natural Heritage Unit, the appropriate landscape architect/environmental personnel, in consultation with the NYSDEC, may perform a site species assessment. This assessment will identify the presence of the species or the presence of suitable habitat for the species. If impacts will occur to the species or its habitat, mitigation measures, in consultation with NYSDEC, will be evaluated.
- Projects are reviewed for the presence of federally protected species within ½ mile of the project. This review is conducted with consultation with the US Fish and Wildlife Service (USFWS) and/or the National Marine Fisheries Service (NMFS) for coastal/tidal waters. Initially correspondence is sent to the USFWS, requesting the presence of federally protected species. If the USFWS/NMFS determines that a protected species is present, they may require a survey/assessment. Usually, a consultant is utilized for conducting the survey/assessment since the specific requirements for performing the survey assessment are usually not met by NYSDOT Landscape Architects/Environmental personnel. Upon completion of the survey/assessment consultation, further consultation with the USFWS/NMFS will be required to for impact assessment and mitigation, avoidance and minimization measures.
- FHWA guidance from Technical Advisory T6640.8A
NYSDOT must obtain information from the USFWS, of the DOI, and/or the National Marine Fisheries Service (NMFS), of the Department of Commerce, to determine the presence or absence of listed and proposed threatened or endangered species and designated and proposed critical habitat in the proposed project area (50 CFR 402.12(c)). The information may be (1) a published geographical list of such species or critical habitat; (2) a project-specific notification of a list of such species or critical habitat; or (3) substantiated information from other credible sources. Where the information is obtained from a published geographical list the reasons why this would satisfy the coordination with DOI should be explained. If there are no species or critical habitat in the proposed project area, the Endangered Species Act requirements have been met. The results of this coordination should be included in the draft EIS.
When a proposed species or a proposed critical habitat may be present in the proposed project area, an evaluation or, if appropriate, a biological assessment is made on the potential impacts to identify whether any such species or critical habitat are likely to be adversely affected by the project. Informal consultation with USFWS and/or NMFS should be undertaken during the evaluation. The draft EIS should include exhibits showing the location of the species or habitat, summarize the evaluation and potential impacts, identify proposed mitigation measures, and evidence coordination with USFWS and/or NMFS. If the project is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical habitat, the HA in consultation with the FHWA must confer with USFWS and/or NMFS to attempt to resolve potential conflicts by avoiding, minimizing, or reducing the project impacts (50 CFR 402.10(a)). If the preferred alternative is likely to jeopardize the continued existence of any proposed species or result in the destruction or adverse modification of proposed critical habitat, a conference with USFWS and/or NMFS must be held to assist in identifying and resolving potential conflicts. To the fullest extent possible, the final EIS needs to summarize the results of the conference and identify reasonable and prudent alternatives to avoid the jeopardy to such proposed species or critical habitat. If no alternatives exist, the final EIS should explain the reasons why and identify any proposed mitigation measures to minimize adverse effects.
When a listed species or a designated critical habitat may be present in the proposed project area, a biological assessment must be prepared to identify any such species or habitat which are likely to be adversely affected by the proposed project (50 CFR 402.12). Informal consultation should be undertaken or, if desirable, a conference held with USFWS and/or NMFS during preparation of the biological assessment. The draft EIS should summarize the following data from the biological assessment:
(a) The species distribution, habitat needs, and other biological requirements;
(b) The affected areas of the proposed project;
(c) Possible impacts to the species including opinions of recognized experts on the species at issue;
(d) Measures to avoid or minimize adverse impacts; and
(e) Results of consultation with USFWS and/or NMFS.
In selecting an alternative, jeopardy to a listed species or the destruction or adverse modification of designated critical habitat must be avoided (50 CFR 402.01(a)). If the biological assessment indicates that there are no listed species or critical habitat present that are likely to be adversely affected by the preferred alternative, the final EIS should evidence concurrence by the FWS and/or NMFS in such a determination and identify any proposed mitigation for the preferred alternative.
If the results of the biological assessment or consultation with USFWS and/or NMFS show that the preferred alternative is likely to jeopardize the continued existence of a listed species or result in the destruction or adverse modification of designated critical habitat, to the fullest extent possible, the final EIS needs to contain:
(l) a summary of the biological assessment (see data above for draft EIS);
(2) a summary of the steps taken, including alternatives or measures evaluated and conferences and consultations held, to resolve the project's conflicts with the listed species or critical habitat;
(3) a copy of the biological opinion;
(4) a request for an exemption from the Endangered Species Act;
(5) the results of the exemption request; and
(6) a statement that (if the exemption is denied) the action is not eligible for Federal funding.
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[Use for projects exempt from endangered or threatened species review]
- For details on types of projects that are exempt from State endangered or threatened species review NYSDOT’sEnvironmental Procedures Manual on the NYSDOT web site:
The proposed project is considered exempt from State endangered or threatened species review. No further investigation or consultation is required.
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[Use for projects with NO State endangered or threatened species in or near the area of potential effect]
According to the NYSDEC GIS information database, there are no state-protected, threatened, orendangered species located in or near the proposed project area. NYSDEC will be contacted toconfirm that no state endangered or threatened species will be affected by the project.
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[Use of there IS a likelihood of State endangered or threatened species within the project’s area of potential effect]
According to the NYSDEC GIS information database, there is a possibility that astate-protected, threatened, ORendangeredplant OR animalspecies is located in or near the proposed project area. NYSDEC will be contacted toidentify the species and a site species assessment will be performed to confirm its presence. NYSDOT will take appropriate measures during design and construction to ensure that impacts to it are avoided or minimized.
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[Use if the project is exempt from Federal endangered or threatened species review]
The proposed project is considered exempt from Federal endangered and threatened species review. Additionally, there is no grading of unpaved areas or work in, over, or within 100 feet of surface waterbodies, including wetlands. No further investigation or consultation is required.
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[Use if NO Federal endangered or threatened species are in the project’s area of potential effect]
According to the Department’s GIS information database, there are no Federally-protected, threatened, or endangered species located in or near (within ½ mile) the proposed project area. If the USFWS was also contacted,mention their response here and include it in Appendix --.______
______[Use if Federal endangered or threatened species are identified in the project’s area of potential effect]
According to the Department’s GIS information database, there is a Federally-protected, threatened, or endangered species located in or near (within ½ mile) the proposed project area.The U.S. Fish and Wildlife Service (USFWS) has been OR will becontacted for confirmations that a rare, threatened, or endangered species may exist in the project impact area. A field surveyhas been OR will becompleted to determine if the species does, in fact, occupy the habitat within the project boundaries. Necessary actions to be taken during design and construction to avoid any direct, indirect, and cumulative impacts to the species. If the USFWS was contacted,mention their response here and include it in Appendix --.
The USFWS indicated in a there letter of April 12, 2207 that the federally- and state-listed endangered Indiana bat (Myotissodalis) could be present within the proposed project area, which is approximately -- miles from a known hibernaculum. However, the USFWS also stated that this hibernaculum has such smallnumbers of Indiana bats, it was unlikely that they would be present at this location and impactedby this project. Additionally, tree removals will be minimal for this project.
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Invasive Species
- Topics may include, but are not limited to the following:
Existing and potential for invasive species
Consistency with EO 13112 and EPM Chapter 4.8 – Invasive Species
Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)
- Projects need to be evaluated for the potential of introducing invasive species and assessing the presence of invasive species in the existing project corridor. See the following link for a copy of the EO: .
- Regional priority invasive species identified by the Partnership for Regional Invasive Species Management may be located at:
- Examples of invasive species controls in compliance with the EO include: identifying the locations of any invasive plants within the project corridor, priority and feasibility of removal, eliminating the introduction of invasive plants by specifying straw mulch in lieu of hay (which has seeds of invasive), specifying geographical native plants for landscaping and eliminating the use of invasive landscape plants such as barberry, autumn olive, etc. The location of the project is also part of the assessment, such as the; AdirondackPark, State Parks, Nature Preserves, and areas of rare, endangered or protected species.
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[Use if invasive species areNOT identified in the existing corridor]
A review of the existing corridor did not indicate any significant presence of known invasive species within the right-of-way. Precautions will be taken to prevent the introduction of invasives, intentionally or accidentally, during project design and construction.
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[Use if invasive species are identified in the existing corridor]
A review of the existing corridor indicates that there is a location of Purple Loosestrifewithin the right-of-way. Removal or other treatments will be considered for the Loosestrife. Precautions will be taken to prevent the introduction of additional invasives, intentionally or accidentally, during project design and construction.
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[Use if invasive species are identified and the project is within the AdirondackPark]
A review of the existing corridor indicates that there is a location of Japanese Knotweed within the right-of-way. Removal or other treatments will be considered for the Japanese Knotweed. Since this project is located within the AdirondackParkno hay or non-Adirondack native plants will be allowed. Straw only will be used for erosion control, seeding, etc.
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[Use if invasive species are identified, and the project is within an urban area with no natural areas or parks present]
This project is located within an urbanized and suburbanized corridor with maintained lawns and no natural adjacent areas or parks. While several invasive species such as garlic mustard andbarberry are present, removal or control of these species is not feasible, considering the extent, quantity and locationof these plants in the corridor.
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Roadside Vegetation Management
- Topics may include, but are not limited to:
Mitigation (avoidance, minimizing, rectifying, reducing or eliminating, compensating)
Activities to be done in final design
Wildflower program
Future maintenance responsibilities
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[Use in all cases]
Existing roadside vegetation consists primarily of maintained lawn areas, wooded areas AND/OR waste areas. Efforts will be made to replace wildlife-supporting vegetation that is removed in the course of construction.
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