Bog Turtle Coordination

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Bog Turtle Coordination Review Protocols June
18, 2008
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Bog Turtle Coordination Review Protocols

• Big News Franklin County has been deleted from
  the list of known counties of occurrence for the
  species

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Bog Turtle Coordination

• Procedure applicable in its 14-county range (see
  SOP)
• USFWS clearance letter issued or Corps no
  effect determination no further coordination,
  PASPGP-3 may be issued
• If no wetlands impacted PASPGP-3 may be issued
• If no clearance letter and wetlands are impacted,
  then follow process for either
• GP 5-9 and 11 and PADEP Individual Permits
  numbered E-999x, or
• E and D permits and EAs

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Bog Turtle Coordination GPs 5-9 and 11 and
PADEP Individual Permits numbered E-999x

• PNDI
• Must be conducted before registration
• Linear projects require separate screening for
  each crossing
• If potential conflict, information is sent to
  USFWS
• If a direct hit has occurred, USFWS will advise
  inquiring agency or applicant on how to proceed
• If no direct hit, screening process for potential
  habitat will be followed

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Bog Turtle Coordination GPs 5-9 and 11 and
PADEP Individual Permits numbered E-999x (cont.)

• Screening Process for Potential Habitat
• If wetlands are not present within the permit
  area, PASPGP-3 can be issued
• If wetlands are present within the permit area
  and work directly or indirectly affects wetlands
• Applicant will contact agency POC or consultant
  (preferred) to conduct a Phase 1 (habitat) survey
• Phase 1 findings provided by a consultant must be
  reviewed by the Corps or USFWS
• Trained agency personnel may make the habitat
  determination (but it may take longer)

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Bog Turtle Coordination GPs 5-9 and 11 and
PADEP Individual Permits numbered E-999x (cont.)

• Screening Process for Potential Habitat (cont.)
• The Corps will conduct Phase 1 surveys primarily
  for Mom n Pop-type projects.
• For larger projects, e.g., residential and
  industrial developments, highway project, etc.,
  the applicant will be encouraged to hire a
  qualified consultant to conduct the Phase 1.
• Phase 1s conducted by a Qualified Bog Turtle
  Surveyor will generally get a quicker review by
  USFWS than those conducted by other consultants.

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Bog Turtle Coordination GPs 5-9 and 11 and
PADEP Individual Permits numbered E-999x (cont.)

• If agency investigator determines no habitat, GP
  can be registered
• If agency investigator determines potential
  habitat, consultation with USFWS is required
• USFWS may require a Phase 2 (Bog Turtle
  presence/absence) survey
• Phase 2 surveys must be reviewed by USFWS
• No turtles found and USFWS concurs, GP can be
  registered and PASPGP-3 can be attached
• If turtles found or USFWS does not concur, then
  further consultation is necessary

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Bog Turtle Coordination GPs 5-9 and 11 and
PADEP Individual Permits numbered E-999x (cont.)

• If turtles are not found and
• USFWS does not concur with the Phase 2 or,
• the quality of the wetland appears to be suitable
  (good) Bog Turtle habitat, the size is relatively
  large (gt 2 acres), and/or the vegetation is dense
  (i.e., hard to survey) then further consultation
  is necessary.
• USFWS may request a Phase 3 trapping survey (a
  draft protocol is being developed).

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Bog Turtle Coordination GPs 5-9 and 11 and
PADEP Individual Permits numbered E-999x (cont.)

• Registration will not occur until PADEP or CCD
  receives notification that
• The permit area has no suitable habitat,
• The permit area is not occupied by Bog Turtles
  (based on Phase 2 survey), or
• No adverse affects to the turtle will result as
  determined by USFWS or a no effect
  determination by the Corps
• If Bog Turtles are located, then further
  consultation under Section 7 is required

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Bog Turtle Coordination Water Obstruction and
Encroachment and Dam Permits (E and D permits)
and Environmental Assessments (EAs)

• Category III activity
• PNDI required
• No potential conflict, Corps may
• Make no effect determination (if no wetlands or
  Phase 1 by agency personnel finds no habitat), or
• Require a Phase 1 by a consultant (can be
  submitted to Corps for determination)
• If potential conflict, USFWS will be contacted to
  determine direct hit
• If no direct hit, Corps may
• Make no effect determination (if no wetlands or
  Phase 1 by agency personnel finds no habitat), or
• Require a Phase 1 by consultant
• If direct hit, further consultation with USFWS

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Unauthorized Work in Potential Habitat

• After-the-fact permits and restoration further
  impacting wetlands shall be coordinated with
  USFWS
• Restoration not impacting wetlands does not
  require coordination with USFWS

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Additional Information for ESA Coordination

• Additional endangered species review is not
  necessary where PADEP has received a permit
  application with an up-to-date (1 year)
• No effect letter, or
• Not likely to adversely affect letter

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Questions ???
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Last Chance
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The End