ESA Compliance Documentation. Documentation necessary for compliance with the provisions of the Endangered Species Act (ESA) will be prepared for the project as part of the NEPA compliance process. The proposed fish passage project is eligible for a Nationwide Permit #14 from the USACE, which triggers the need for compliance with the ESA. The USACE will use the Fish Passage and Restoration Programmatic (FPRP III) to document the project’s compliance with the ESA as long as the design is consistent with WDFW’s Water Crossing Design Guidelines. A bridge is anticipated to be required. Other design criteria for use of the FPRP III include no in water pile driving, no increase in road capacity, no grade control other than rock and large wood, bridge footings outside of the OHW line, and work area isolation during construction. A Project Notification Form will be completed for the USACE to document project consistency with the FPRP III. The FPRP III covers ESA-listed species administered by NMFS and USFWS. Preparation of a biological assessment is not included in this scope of work. Deliverables ▪ FPRP III Project Notification Form
ESA Compliance Documentation. Documentation necessary for compliance with the provisions of the Endangered Species Act (ESA) will be prepared for the project as part of the NEPA compliance process. Lewis County received approval from the National Marine Fisheries Service (NMFS) to utilize the Regional Road Maintenance ESA 4(d) Program [4(d) Program) to document ESA compliance on eligible projects. The proposed project appears eligible for the 4(d) Program. Compliance documentation for use of the 4(d) Program will be prepared by the Project Team for WSDOT, and submitted on the County’s behalf. In addition, a No Effect Letter (NEL) will be prepared for ESA-listed species administered by the United States Fish and Wildlife Service. Preparation of a biological assessment is not included in this scope of work. Deliverables ▪ 4(d) Program Compliance Documentation ▪ No Effect Letter
