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Columbia Basin Fish and Wildlife Program Columbia Basin Fish and Wildlife Program
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Work Element 165: Produce Environmental Compliance Documentation - Published
WE Name:
165. Produce Environmental Compliance Documentation (Environmental Doc)
Work Category:
Environmental Compliance
WE Agreement Type:
Contracted
Status:
Active
Definition:
During an EC’s review of a Contract Request (CR) or Change Contract Request (CCR) the EC lead may add milestones to ensure specific EC documents and/or information are provided by the sponsor.
WSE Description Template:
Effective Dates:
FY2005 to <no end date>
Work Phase:
planning/design
Sort Sequence:
3.06
Focal Species Required:
No
RM&E Metadata Required:
No
Finite or Recurring:
Recurring
Is BPA Internal:
No
Is Contracted:
Yes
Is Cost Share:
No
Is Construction:
No

All BPA-funded fish and wildlife projects must comply with federal environmental regulations including but not limited to NEPA, ESA, NHPA, and CWA.

  • 165. Produce Environmental Compliance Documentation is required if your statement of work contains any of the many work elements that require environmental compliance approval from BPA. In Pisces, if a work element in your SOW requires EC approval, there will be a half-moon (incomplete) or full-moon (complete) in the "EC" column on the SOW tab.

Deliverable Status:
Required
Default Deliverable Desc:
Documentation
Potential Deliverables:
  • Milestones provided by the EC lead will specify documents and information expected for this work element.

  • Rule 1 : This work element only covers work by the Contractor to assemble, gather, acquire, or prepare data and documents in support of obtaining environmental compliance for BPA from regulating agencies. Any work completed or managed by BPA's Environmental Compliance Group should not be added into the contractor's SOW.

    Example:

    WE: 165. Produce Environmental Compliance Documentation
    WE Title: ESA compliance for project work for culvert installation
    WE Description: Draft a Biological Assessment for culvert installation activities and submit it to BPA's Environmental Compliance Lead (EC Lead).

  • Rule 2 : If the statement of work covers many work elements that require environmental compliance, you will generally lump all environmental compliance work under a single work element. However, you may wish to break the work up into separate work elements if it provides clarity or better supports project management. For example, project managers may choose to split out significant actions such as a cultural resource survey as a separate work element. BPA's EC Lead can provide guidance.

    Example: The Contractor is proposing to do some data collection and then use that information to design and install a weir. The Contractor has the following work elements in their statement of work: Collect/Generate/Validate Field and Lab Data, Produce Design and/or Specifications.

    Option 1 (lumping):

    WE: 165. Produce Environmental Compliance Documentation
    WE Title: Environmental compliance for data collection and weir installation
    WE Description: Provide BPA Environmental Compliance Lead with a NOAA Fisheries biological assessment to support ESA consultation and any other applicable permits for data collection; a detailed map and project description to support cultural resource consultation, CWA 404 permit from Corps of Engineers, and information on public involvement outreach. [Note: All of the Contractor's time and expenses related to obtaining environmental compliance from BPA will be covered under a single work element.]

    Option 2 (splitting):

    WE: 165. Produce Environmental Compliance Documentation
    WE Title: Environmental compliance for data collection activities
    WE Description: Provide BPA EC Lead with applicable copies of all (NMFS and USFWS) ESA permits related to data collection activities.

    WE: 165. Produce Environmental Compliance Documentation
    WE Title: Environmental compliance for weir installation
    WE Description: Draft a NOAA Fisheries biological assessment for weir installation activities and provide to BPA's EC Lead. Provide EC Lead with a detailed map and project description for cultural resources consultation. Obtain necessary permits from Army Corps of Engineers. Provide information on public involvement outreach activity. [Note: The Contractor's time and expenses related to obtaining environmental compliance from BPA will be separated under these two work elements.]

  • Rule 3 : Environmental compliance activities always require their own work element - WE #165, Produce Environmental Compliance Documentation - so that BPA can track environmental compliance costs across the Fish and Wildlife Program. Completion of environmental compliance requirements is automatically listed as a milestone under any work element that has an environmental compliance requirement.

    Example:

    WE: 165. Produce Environmental Compliance Documentation
    WE Title: ESA and cultural resources compliance for culvert #1 installation
    WE Description: Draft a biological assessment and provide required information for cultural resource consultation for culvert installation activities and submit them to BPA's EC Lead.
    WE Milestones:
    • Contact BPA's EC Lead to determine what documentation and assistance will be needed
    • Complete and submit map and detailed project description for cultural resources consultation to BPA s EC Lead
    • Complete and submit biological assessment to BPA's EC lead
    • Obtain sign-off from BPA's EC Lead that all environmental compliance requirements are complete


    WE: 184. Install Fish Passage Structure
    WE Title: Replace Culvert #1
    WE Description: Install a pipe-arch culvert designed for 100-year event at Houghton Creek RM 21.
    WE Milestones:
    • Hold initial kick-off meeting with all stakeholders
    • Environmental compliance requirements complete
    • Mobilize crew
    • Supplies/materials/equipment delivered
    • Instream work complete
    • Revegetation complete
    • Punch-list inspection items complete


  • Rule 4 : The planned and final (if required) project site map must describe environmental concerns that can be mapped, including footprint of ground disturbance, ESA-listed species critical habitat, wetlands, etc. The map should accurately depict the area and placement of Pisces Work Elements (for example placement of instream structures, fences, area of habitat restored by type of habitat, area of vegetation management, etc.). The map should be an accurate spatial representation of your project and should be presented as a GIS format in a BPA compatible format, although alternative digital formats, including drawings, are acceptable for upload. Creation of a GIS-based map would help provide metric values with the level of precision required for reporting.


Milestone Title
Type
Deliverable?
Description

Discuss HIP ESA coverage with Bonneville EC lead
Recommended
No
The EC Lead will determine if work under this work element may be able to have ESA-coverage (NMFS & USFWS) under the current version of the Habitat Improvement Program Biological Opinions (HIP BiOps). Work that qualifies must comply with conservation measures in the HIP Handbook. Medium to high risk projects will require a technical review by the Bonneville Engineering Technical Services. Before conceptual design commences, contact the EC lead for HIP applicability, instructions and information requirements.

The HIP activity categories and risk criteria are located in the “Note” section of the work element background page here: https://www.cbfish.org/WorkElement.mvc/Summary/165
Effective and regular coordination with EC lead
Suggested
No
The contract manager, staff, and subcontractors will cooperate, coordinate, and maintain effective communication with BPA EC Lead during the entire length of this implementation contract.
20[XX] HIP Project Notification Form [UPDATE YEAR, DELETE THESE BRACKETS]
Suggested
No
A project notification form (PNF) shall be provided to the EC lead and COR at least 2 weeks prior to the start of any on the ground work including staging, materials acquisition, or construction activities.

[INCLUDE ANNUAL MILESTONES IF THE PROJECT COVERS MORE THAN ONE CALENDAR YEAR. DELETE THESE BRACKETS, AND ALL TEXT WITHIN THEM.]
20[XX] HIP Project Completion Form [UPDATE YEAR, DELETE THESE BRACKETS]
Suggested
No
A project completion form (PCF) shall be provided to the EC lead and COR. A description must be included for any design features that were significantly altered.

[INCLUDE ANNUAL MILESTONES IF THE PROJECT COVERS MORE THAN ONE CALENDAR YEAR. DELETE THESE BRACKETS, AND ALL TEXT WITHIN THEM.]
Use Best Management Practices to stabilize soils and prevent spread of noxious weeds
Recommended
No
Use applicable BMPs to retain existing vegetation and achieve re-establishment of vegetation in disturbed areas to at least 70% of pre-disturbance levels. For example, see "Shrub-Steppe and Grassland Restoration Manual
For the Columbia River Basin" (http://wdfw.wa.gov/publications/01330/wdfw01330.pdf), or "Revegetation for Stream Restoration and Fish Passage Projects" (https://www.wsdot.wa.gov/publications/manuals/fulltext/M25-30/830.pdf) for guidance on re-vegetation in the Columbia River Basin.
Submit ESA Reporting
Suggested
No
For projects with ESA coverage under an individual consultation biological opinion, sponsor must review the terms and conditions found in the biological opinion and provide specified reporting information, in the timeframe specified, to USFWS and/or NMFS. You must notify your BPA COR and EC lead if take limitations are exceeded.
Provide BPA EC Lead with calendar year XXXX actual herbicide use form.
Recommended
No
Contractor submits any actual herbicide use on an approved form to the BPA Environmental Compliance Lead. The BPA EC Lead will send the form out in December of each year; it will be due January 31. Use this milestone only when you are using BPA funding to apply herbicides as part of your work. Data is reported to NOAA on a calendar year basis.
Determine if contract work could adversely affect Pacific lamprey
Recommended
No
Contractor will review work proposed under this contract and determine the following: 1) Will field work take place in any area where lamprey may be present? (Any tributary or subbasin where anadromous fish exist is also accessible Pacific lamprey habitat.) 2) Are there any stream disturbing activities or instream activities that could adversely impact Pacific lamprey? Examples of activities posing a threat to lamprey may include (this list is not intended to be all-inclusive): aquatic habitat improvements, fish passage improvements, culvert replacements, water diversions, altered management of water flows, dewatering of any portions of streams, or alteration of irrigation practices. If the answer is yes to BOTH 1 and 2, the contractor must follow guidance from USFWS “Best Management Guidelines for Native Lampreys During In-water Work” at https://www.fws.gov/pacificlamprey/BPALampreyGuidanceDocuments.cfm
Report lamprey observation and catch data to USFWS by Feb. 15
Recommended
No
All contractors doing instream work (e.g., surveys, habitat improvements, electrofishing, screwtraps, etc.) in anadromous fish areas are required to annually report lamprey observations or catch, including zero, by Feb 15 for the previous calendar year’s work. A data template is available at: (https://www.cbfish.org/EfwDocument.mvc/DownloadFile/11) As per instructions on the form, email your data to christina_wang@fws.gov at US Fish and Wildlife Service and CC your COR. For identification of lamprey life stages see USFWS “Best Management Guidelines for Native Lampreys During In-water Work” at https://www.fws.gov/pacificlamprey/BPALampreyGuidanceDocuments.cfm
Inspect and, if necessary, wash vehicles and equipment infested with terrestrial invasive species
Recommended
No
Prevent spread of invasive species by identifying and removing invasive species from work vehicles and equipment. Consult resources such as the Plants Database (http://plants.usda.gov/index.html) or the NatureServe Explorer (http://www.natureserve.org/explorer/) with assistance identifying invasive plants. Other resources include state natural resource offices (https://www.fws.gov/offices/statelinks.html) or a local U.S. Fish and Wildlife Service Office (https://www.fws.gov/offices/).
Participate in ESA Consultation
Recommended
No
Work may include drafting BA (or other ESA documentation), completing HIP forms, submitting high risk project designs to the EC Lead, providing copies of Section 10, 4(d), or 6 permits, etc., or submitting Hatchery Genetic Management Plan to BPA for review and ESA consultation initiation, and providing input for the ensuing consultation. Once the program has completed Section 7 consultation and has obtained relevant permits or authorizations (Section 10, 4(d), etc), be familiar with and follow all terms and conditions, including annual reporting, associated with the ESA consultation or permit. Notify BPA immediately of any instances when take has been exceeded or terms and conditions or conservation measures have been violated.
Provide information for Section 106 Cultural review
Recommended
No
Email EC Lead detailed project description, map, and shapefiles so that BPA can initiate Section 106 review.
Plan for field inventory
Recommended
No
Coordinate with EC Lead and BPA archaeologist to determine appropriate approach and methodology for field inventory, if determined necessary by BPA archaeologist.
Cultural resource surveys
Recommended
No
Coordinate with EC Lead to schedule cultural resources surveys if required by BPA archaeologist.
Provide EC Lead with the status of RM&E ESA Permit(s)
Recommended
No
Provide EC Lead with the status of RM&E ESA permits: type of permit(s) (e.g. Sec 4(d), 7 or 10) required by the Services (NMFS, USFWS), when applied, permit status, responses from the Services.  Once final permit(s) is received, forward a copy or copies to EC Lead for review and documentation of completion of ESA for WE.
Obtain/Renew applicable local, state, federal and tribal environmental permits
Recommended
No
Work done to obtain permits such as Sec. 401 or 404 (including RGP process), shoreline, NPDES, or any other required federal, state, or local permits. Send copies of final permits to EC Lead as requested.


3 Metrics Associated With Work Element 165: Produce Environmental Compliance Documentation

Metric Metric Association Status Last Comment Date Last Comment By Unit Type FY Start FY End Required / Optional Is Activated By Default Included in PI Supports PCSRF/PNSHP (Katz) PNSHP Metric Code PNSHP Metric
1479: Are herbicides used as part of work performed under this contract? Active YesNoList 2007 Required Yes No No
1722: Will water craft, heavy equipment, waders, boots, or other equipment be used from outside the local watershed as part of work performed under this contract? Active YesNoList 2011 Required Yes No No
1808: Are unmanned aerial systems (drones/sUAS/UAV) used to perform work in this contract? Active YesNoList 2024 Required Yes No No

Location Requirement Type:
No Location

Applicability and status of the following environmental compliance requirements can be found on the Environmental Compliance tab for that work element in your SOW for all 2007 contracts forward. BPA's Environmental staff will update and maintain this information in CBFish in real time, so that you can check the status of environmental compliance on your project at any time.

Note: Many of the fields are set to auto-load in CBFish, but the settings will be reviewed by BPA's Environmental staff prior to the contract being finalized, and may be revised depending on the specific circumstances.

  • National Environmental Policy Act (NEPA)
    NEPA coverage for this work element will be determined by BPA's Environmental staff and could include an Environmental Impact Statement (EIS), Environmental Assessment (EA), Record of Decision to an existing EIS, or Categorical Exclusion.

  • Endangered Species Act (ESA)
    ESA consultation is typically not required for this work element.

  • National Historic Preservation Act (NHPA)
    NHPA Section 106 consultation is typically not required for this work element.

  • Public Involvement
    Public involvement is typically not required for this work element.


Reports that Use this Work Element

This work element and its metrics are used in measures in the following reports. These PDF reports are generated dynamically, always showing you the most up to date information. Most of them also have links to download the underlying data sets to structured text or Excel format.

Stats and Overview

Number of active contracts using Work Element #165 by FY

Top 5 BPA Project Managers using this Work Element:
(by number of current contracts)
Tracy Hauser 519
Virgil Watts III 431
Deborah Docherty (Inactive) 329
Jamie Cleveland (Inactive) 300
Jonathan McCloud 272
Average Work Element Budget: $8,786
Average Duration: 9 months