Bog Turtle Coordination & Review Protocols – June 18, 2008

1. Bog Turtle Coordination & Review Protocols – June 18, 2008

2. Bog Turtle Coordination & Review Protocols • Big News – Franklin County has been deleted from the list of known counties of occurrence for the species

3. 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

4. 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

5. 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)

6. 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.

7. 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

8. 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 (> 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).

9. 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

10. 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

11. 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

12. 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

13. Questions ???

14. Last Chance…

15. The End