Ecological Updates Mussel Survey Protocol Update

1. Ecological Updates Mussel Survey Protocol Update • An updated Appendix A list has been released by ODNR. • Reconnaissance Survey will be included in the March 2014 update. • Surveyors must meet ODOT’s aquatic ecology prequal, or have a state or federal collection permit for mussels. • Non-state or federal permitted surveyors must have state collectors permit for invertebrates • Survey work required on ALL streams over 10 mi2 • Projects impacting Group 1 and 3 streams only: Project can be coordinated prior to survey work, as long as ODOT commits to performing a survey/relocation prior to construction. • OES has a T and E task order that can be used for any level of mussel survey. Fat Mucket Email questions to: OES@dot.state.oh.us

2. Ecological Updates Federal Species Update • Northern Long-eared Bat (Myotisseptentrionalis) has been proposed as endangered by USFWS for all counties in Ohio. • Final Listing expected by October 2014. • Similar habitat requirements for Indiana bat, but there are differences. • Northern Long-eared Bat Interim Conference and Planning Guidance, January 6, 2014 • Describes Winter and Summer Habitat • Winter Habitat (hibernacula) is underground caves and cave like structures • Summer Habitat- Suitable roost trees are trees with DBH of 3 inches or greater that exhibit features such as exfoliating bark, crevices, cavities, or cracks • May utilize artificial roosts (barns, sheds, bridges) but not common and does not appear that USFWS is trying to regulate these as of yet

3. Federal Species Updates • This species needs to be included in all new ESRs (Federal Species table). • Conferencing (informal or formal) for this species is required for the following: • All new projects that “may affect” this species • Projects that have already been coordinated with USFWS, and: • The project “may affect” the northern long-ear • CE is not complete and/or PCN is needed • Project will not be constructed prior to October 2014 • USFWS “Blanket Concurrence” for projects that have already been coordinated: • Project was coordinated as a May Affect, Not Likely for Indiana bat, and USFWS concurred with ODOT’s effect call • ODOT has committed to or can commit to seasonal cutting (tree removal only between October 1 and March 31). • Northern Long-ear bat has not been captured at that site (if survey work was done). • This concurrence needs to be documented in the CE and seasonal cutting needs to be included as an environmental commitment • Does not apply to projects that were PC-3 for Indiana bat.

4. Ecological Updates • Indiana Bat Programmatic Biological Opinion/Agreement • Currently operating under 2007 Programmatic Agreement, extended through January 31, 2016. • A federal mediator has been hired to help with the agreement. Kickoff meeting 3/7. • Ongoing negotiations with USFWS regarding impact analysis, determination of effect(s), conservation measures • Conservation measures (mitigation) has been especially challenging • Complicated by the proposed listing of the northern long-eared bat. • OES is to set up conservation areas in both the new Eastern and Western Management Units. • SCCC2 bat conservation area has been approved for use statewide. This will continue until agreement is completed, and will be allowed for a few years after the agreement is signed. • Consultant conducted a search for mitigation in the Western MU, and OES is reviewing the report to make a short list of options. • The Research Bank (M6-a) is no longer a mitigation option in the west and central management units. • Mitigation ratios have not been set. A debit list for SCCC2 has been created.

5. Ecological Updates • Indiana Bat Survey Protocol • 2014 Summer Survey Guidance has been released • Allows for both acoustic and/or mist net surveys • Can be used to do any survey work for projects • New protocol requires more sampling compared to the 2013 Guidance • Link posted on OES Eco website

6. Ecological Updates • Headwater Streams • ERAC decision – Primary Headwater designations are not in rule and cannot be used by Ohio EPA. • Decision left applicants without a good way to assess streams smaller than one square mile. • EPA Guidance (not final) – EPA will accept HHEI data for streams, but the applicant must also provide the following: • HMFEI and/or • VES (Visual Encounter Survey for salamanders) • Data will be used to assign ALU – HMFEI score will be used to decide if stream is Cold Water Habitat or not. • Existing Use Guidance for headwater streams to be provided by OEPA – due week of 3/7

7. Ecological Updates • Miscellaneous Eco Update Information • Updates to the Ecological Manual and Ecological Survey Forms to be completed by the end of March 2014 • Ecological website revision is complete and the site is up and running! • New simplified format. Much easier to find information. • Mussel surveys and RBC surveys: • OES has developed spread-sheets to track workload for these surveys. • We will be asking districts to add projects that will need any sort of mussel survey or RBC surveys to the appropriate spread sheet. • Survey work may be split between OES biologists and Task Order consultants • ODNR Scenic River and Coastal MOA/MOUs currently being revised

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