Best Management Practices

Federal agencies must ensure actions are not likely to jeopardize the survival of listed species nor adversely modify critical habitats. Best management practices (BMPs) are intended to reduce adverse effects to wildlife, plants, and their habitats. The following list of BMPs includes general measures as well as nationwide standard conservation measures[1] intended to reduce impacts to listed species and associated critical habitats.

 

All BMPs should be reviewed before any rapid response action to identify those BMPs that would avoid and minimize take. All BMPs pertinent to a specific control action should be reviewed during discussions initiating the emergency consultation process with the USFWS and in advance of the action to ensure optimal protections for listed species.

 

General Best Management Practices

1. Properly Handle and Remove Hazardous and Solid Waste
 

a. Provide enclosed solid waste receptacles at all project areas. Non-hazardous solid waste (trash) would be collected and deposited in the on-site receptacles. For more information about solid waste and how to properly dispose of it, see the EPA Non-Hazardous Waste website.

 

b. Develop a written contingency plan for all project sites where hazardous materials (e.g., pesticides, herbicides, petroleum products) will be used or stored. To clean up small-scale accidental hazardous spills, ensure appropriate materials/supplies (e.g., shovel, disposal containers, absorbent materials, first aid supplies, clean water) are available on site. Report all hazardous spills. Emergency response, removal, transport, and disposal of hazardous materials shall be done in accordance with the U.S. Environmental Protection Agency. Store at least 150 feet from surface water and in areas protected from runoff hazardous materials and petroleum products in approved containers, or chemical sheds.

 

c. All chemicals shall be handled in strict accordance with label specifications. Proper personal protection (e.g., gloves, masks, protective clothing) shall be used by all applicators. The material safety data sheet (MSDS) from the chemical manufacturer shall be readily available to the project coordinators for detailed information on each chemical to be used, in accordance with applicable Federal and State regulations concerning the use of chemicals.

 

d. To protect the health of workers, pesticide applicators shall wear appropriate personal protective gear (e.g., clothing, gloves, and masks) in accordance with state applicators’ licensing requirements when applying, mixing, or otherwise handling pesticide. 

 

e. Avoid chemical contamination of the project area by implementing a spill prevention, control, and countermeasures (SPCC) plan. A copy of the plan will be maintained at the work site.

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i. Outline BMPs, responsive actions in the event of a spill or release, and notification and reporting procedures. Take corrective actions in the event of any discharge of oil, fuel, or chemicals into the water, including:

 

a. Containment and cleanup efforts will begin immediately upon discovery of the spill and will be completed in an expeditious manner, in accordance with all local, state, and federal regulations. Cleanup will include proper disposal of any spilled material and used cleanup material.

b. The cause of the spill will be determined, and appropriate actions taken, to prevent further incidents or environmental damage.

c. Spills will be reported to the appropriate state and/or federal agency.

d. Work barges will not be allowed to ground out.

e. Excess or waste materials will not be disposed of or abandoned waterward of ordinary high water or allowed to enter waters of the state. Waste materials will be disposed of in an appropriate manner consistent with applicable local, state, and federal regulations.

f. Materials will not be stored where wave action or upland runoff can cause materials to enter surface waters.
 

ii. Outline the measures to prevent the release or spread of hazardous materials found on site and encountered during construction but not identified in contract documents, including any hazardous materials that are stored, used, or generated on the construction site during construction activities. These items include, but are not limited to gasoline, diesel fuel, oils, and chemicals.

iii. Maintain at the site applicable spill response equipment and material.

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2. Minimize Disturbance and Restore Disturbed Areas
 

a. Minimize construction impacts on fish and wildlife, including avoiding unnecessary disturbance to habitats by driving on existing roads, working only in the required area, and minimizing direct disturbance to streams and open water sources. Maximize use of disturbed land for all project activities (i.e., siting, lay-down areas, and construction).

b. Complete restoration activities at individual project sites in a timely manner to reduce disturbance and/or displacement of wildlife in the immediate project area. Minimize project creep by clearly delineating and maintaining project boundaries (including staging areas).

 

c. Use existing roadways or travel paths for access to project sites.

 

d. Avoid the use of heavy equipment and techniques that will result in excessive soil disturbances or compaction of soils, especially on steep or unstable slopes.

 

e. To avoid direct and indirect adverse effects to listed plants and habitats, delineate and cordone off the areas, and communicate to equipment operators and project participants/volunteers.

 

f. Replant bank stabilizing vegetation that is removed or altered because of restoration activities with native vegetation and protect it from further disturbance until new growth is well established.

 

g. Source seedlings, cuttings, and other plant propagules for restoration from local ecotypes.

 

h. Implement pre-watering, and other preparations at project site and staging areas, prior to ground-disturbing activities, to maintain surface soils in stabilized conditions where support vehicles and equipment will operate.

 

i. Apply water, or an approved dust palliative during ground-disturbing activities including clearing, grubbing and earth moving activities, to keep soils moist throughout the process and immediately after completion.

 

j. Incorporate the use of sediment barriers, or other erosion control devices, downstream of ground-disturbing activities.

 

k. Limit stream crossings to designated and existing locations.

 

l. Obliterate all temporary roads and paths upon project completion

 

3. Comply with all Terms, Conditions, and Stipulations in Permits and Project Authorizations—Eliminate or reduce adverse effects to endangered, threatened, and sensitive species and their critical habitats.

 

4. Protect Wetland Areas
 

a. Avoid contaminating natural aquatic and wetland systems with runoff by limiting all equipment maintenance, staging laydown, and dispensing of fuel, oil, etc., to designated upland areas, i.e., equipment shall be stored, serviced, and fueled a minimum of 150 feet from aquatic habitats and other sensitive areas.

b. Implement sedimentation and erosion controls, when and where appropriate, during wetland restoration or creation activities to maintain the water quality of adjacent water sources.

c. Avoid removal of riparian vegetation.

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d. Complete any construction associated with the project onsite in compliance with each state's water quality standards, including:
 

i. Petroleum products, fresh cement, lime, concrete, chemicals, or other toxic or deleterious materials will not be allowed to enter surface waters or onto land where there is a potential for reentry into surface waters.

ii. Fuel hoses, oil drums, oil or fuel transfer valves, fittings, etc., will be checked regularly for leaks, and materials will be maintained and stored properly to prevent spills.

 

iii. When fill (e.g., gravel) is required in the staging area and water access location, only clean rock is permitted, and all fill will be removed post-action. Fill would not be permitted to enter the water. During construction activities, the minimum amount of vegetation will be removed to gain access. Wetland sites will be avoided to the extent possible.
 

5. Protect Special Status Species and Wildlife
 

a. Implement, to the extent feasible, habitat management activities during the non-breeding/nesting season for waterfowl. When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys.

 

b. Wildlife surveys, and corresponding needed rescue/salvage, should occur if the creation of a riparian access route is necessary. Trained biologists would conduct all manner of surveys necessary to identify the abundance and distribution of ESA-listed taxa. Where possible, all nest trees/shrubs would be avoided, and all mobile wildlife would either be relocated from the immediate access route or encouraged to depart the site to avoid and minimize impacts to individuals and species and their habitats. In most cases, electrofishing would be employed as a fish salvage technique prior to treatment using the guidelines and protocols identified in Reynolds (1996) and NMFS (2000). Mollusks and crustaceans would not be salvaged.

 

c. To protect special status species:
 

(a) Close trails, roads, and/or areas to ensure that human access does not disturb special status species;
 

(b) Prior to habitat and ground disturbing activities, evaluate potential habitat for special status species and, if appropriate, conduct presence/absence surveys and take additional mitigation measures (e.g., avoid location, change timing of action), if necessary, to ensure that planned activities do not affect special status species;
 

(c) Implement all terms and conditions resulting from section 7, Endangered Species Act consultation; and
 

(d) Additional conservation measures for plants—If one or more ESA-listed plant species are present and may be affected by the action, the project may require protective measures and corresponding consultation. All appropriate measures will be taken to avoid introduction of invasive plants and noxious weeds into the action area.

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6. Protect Cultural Resources

Cultural resources should be identified and avoided in all treatment areas. If cultural resources are discovered during activities, all work in the immediate vicinity of the cultural resource should cease until an archaeologist designated by the lead action agency surveys and records the location, and issues a written notice to resume activities. Generally, best practices include avoidance, minimization, mitigation, monitoring, and standard measures to reduce visual contrast (BLM 2017).

 

Activities that involve hand labor, such as thinning brush, are least likely to impact cultural resources, compared to ground disturbing activities that use mechanized equipment.

 

a. Minimize potentially adverse effects to cultural resources through cultural resource reviews, surveys, and compliance with section 106 of the National Historic Preservation Act (NHPA).

 

b. Federal lands with archaeological and historical resources receive protection under federal laws mandating the management of cultural resources, including, but not limited to, Archaeological Resources Protection Act (ARPA), AHPA, Native American Graves Protection and Repatriation Act of 1990 (NAGPRA), and National Historic Preservation Act (NHPA). Stop ground-disturbing activities if cultural resources are discovered on federal lands. Do not resume activities until authorized in writing by the federal government. Follow state archaeological reporting guidelines on all state lands.

 

7. Monitor Post-Action—Monitoring is required during restoration project implementation and for at least one year following the action to ensure that restoration activities implemented at individual project sites are functioning as intended and do not create unintended consequences to fish, wildlife, and plant species and their critical habitats or adversely impact human health and safety. Corrective actions, as appropriate, shall be taken to address potential and existing adverse effects to fish, wildlife, and plants.

 

8. Train Personnel—Provide environmental awareness training program to all personnel to brief them on the status of the special status species and the required avoidance measures.

 

9. Notify the Public and Post Action Areas
 

a. Temporarily close staging and action areas to public use for public safety. Make information available to the public on the purpose and timing of the closure.

 

b. Flag and identify sensitive resource areas, equipment entry and exit points, road and stream crossings, staging, storage and stockpile areas, and no-spray/application areas and buffers.

 

10. Ensure Responsible Use of Clean Equipment
 

a. Provide vehicle wash stations prior to entering sensitive habitat areas to prevent accidental transport of non-native and invasive species.

 

b. Avoid soil contamination by using drip pans underneath equipment and containment zones at construction sites and when refueling vehicles or equipment.

 

c. Consistently check equipment for leaks and other problems that could result in the discharge of petroleum-based products or other material into the water or riparian area.
 

11. Protect the Integrity of the Water Body          
 

1. Contain the in-water treatment area by installing a vertical floating curtain barrier that extends from the surface of the water to the bottom of the water body, restricting flow and open water exchange. The barrier outlining the treatment area should contact the shoreline and encompass any existing public boat ramps, docks, or other infrastructure.

 

12. Protect Disturbance/Effects to Listed Species During Key Vulnerable Life History Stages—The following in-water work treatment windows are designated for each state by state and federal agencies. The guidelines restrict in-water work during certain periods to protect fish and wildlife resources during vulnerable and critical life stages. In-water work should be conducted only during the approved in-water work window, as described by each of the four CRB states or federal agencies. If an action is proposed outside of the recommended windows, the action entity should receive approval for all appropriate variances to these windows to avoid any potential effects on listed species and their habitats. Also note that each state has designated state-listed species in addition to federal listed species and critical habitats. Contact your state fish and wildlife agency to ensure protections for state-listed species are implemented.

 

Washington

 

The Washington Department of Fish and Wildlife (WDFW) provides recommended treatment windows (last revised on 2/23/2016) for aquatic herbicide treatment. WDFW recognizes that aggressive treatment of emerging invasive species may sometimes be advisable during these treatment windows. In these situations, the Washington Department of Ecology and the permittee must consult WDFW to determine ways to minimize or mitigate treatment impacts to fish and wildlife. Contact the local WDFW regional office. The annual treatment window is July 15–October 31, unless the specific water body is listed in the treatment window table. If an action is proposed outside of this window, the Department of Ecology and the permittee must consult WDFW to determine an alternate timing window or if priority species are present, potential species impacts and appropriate mitigation.

 

Oregon
 

ODFW, under its authority to manage Oregon’s fish and wildlife resources, developed the Oregon Guidelines for Timing of In-Water Work (last revised in 2000) to assist the public in minimizing potential impacts to important fish, wildlife, and habitat resources. The guidelines are based on ODFW district fish biologists’ recommendations. Primary considerations are given to important fish species including anadromous and other game fish and threatened, endangered, or sensitive species. Time periods are established for in-water work to avoid the vulnerable life stages of these fish including migration, spawning, and rearing.

 

ODFW, on a project-by-project basis, may consider variations in climate, location, and category of work that would allow more specific in-water work timing recommendations. The appropriate ODFW district office will make these more specific timing recommendations through the applicable planning or permitting process. ODFW in-water timing guidelines are typically applied to activities that are proposed in streams, rivers, upstream tributaries, and associated reservoirs and lakes. The timing guidelines are not typically applied in ocean waters or wetlands.

 

Montana
 

The US Fish and Wildlife Service has established in-water timing work with the US Army Corps of Engineers. In bull trout feeding, migrating, overwintering habitat: In-channel work can only occur from July 1 to September 30.

 

In bull trout spawning and rearing habitat: In-channel work can only occur from May 1 to August 31.

 

Idaho

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National Marine Fisheries Service (NMFS) staff provide guidelines for in-water work in Idaho.

 

Instream work windows for all other streams in the project area (Lower Salmon River, Lower Snake River, and Clearwater River Basins).