ENVIRONMENTAL CONSIDERATIONS for Road and Bridge Construction Sandy Scheda Wendy Hershfeld

1. ENVIRONMENTAL CONSIDERATIONS for Road and Bridge Construction Sandy Scheda Wendy Hershfeld

2. TODAY’S TOPICS Changes in Regulations Critter Compliance Project Lessons We Can Learn From

3. REGULATION CHANGES • Wetlands were the hot topic of the late 80s and 90s, with changes in regulations • Hot topics for today and tomorrow? • Protected Species • Protection will become greater, and for more species • Water Quality • Protection will become greater, sampling frequencies will increase, and there may be parameters of concern other than turbidity • TMDL Regulation

4. REGULATION CHANGES Recently… • Federal wetland regulations/guidelines • How a wetland is delineated • How the value of wetland is calculated • How mitigation projects will be developed • Gopher tortoise • How impacts are permitted • No more Incidental Take • Buffer zone for ‘work’ remains the same • New regulations require relocation of any tortoise within 25 feet of the proposed work

5. REGULATION CHANGES Upcoming… • Pending change in stormwater rule • Will affect design, may or may not affect construction • TMDL • Will affect design and operations, may or may not affect construction • Caracara • Pre- and during construction monitoring will become more stringent

6. CRITTER COMPLIANCE What must we do? • Comply with Permit Conditions • Comply with the law • District One has guidance document prepared by Jim Young and Brian Monkelbaan • Your project may have an Environmental Scientist • Educate construction personnel early on How?

7. CRITTER COMPLIANCE During the time it takes to figure out what permit conditions or laws apply? • Take reasonable and feasible steps to protect the animal from harm

8. PROJECT LESSONS There is a disconnect between permitters and constructors, leading to... • Lack of understanding of mixing zones • Goofy permit conditions • Erosion control design that does not work in the field

9. PROJECT LESSONS Check the permits for mixing zones. What is a mixing zone? Mixing zones allow for increased turbidity beyond the normal limits of allowable increase above background • 29 NTU above background for Class III • 0 NTU above background in OFW, Class I/II

10. Why are mixing zones overlooked by permitters? They are located in a different part of the regulations: 62-4.224(5) FAC The dimensions of dredge and fill mixing zones shall be proposed by the applicant Criteria for agency evaluation shall include site-specific biological and hydrological considerations Can’t be more than 150m downstream or in radius from the point of generation of turbidity PROJECT LESSONS

11. Why are mixing zones important to constructors? Mixing zones allow the construction team some flexibility; they acknowledge that water quality criteria may not be met. PROJECT LESSONS

12. PROJECT LESSONS Check the permits for goofy permit conditions. Surface water sampling that is so frequent it can’t be reasonably completed in the field. • Every two hours • Continuously during construction Protected species monitoring that is so arduous that it adds unreasonable cost to the project. • Scoping every GT burrow for eastern indigos prior to construction • Pre-dawn to dusk continuous surveys of bird nesting sites

13. PROJECT LESSONS Maintenance/Modification of Erosion Control is important. • In D1, contractor is responsible for erosion control plan. • Modify as appropriate to be effective

14. SUMMARY • Issues can arise between permitting and construction, or during construction, that must be addressed • In some cases, we can comply with permit conditions and still violate the law • Usually, compliance can be achieved without major delays or change orders if we are proactive and demonstrate willingness to “do the right thing”

15. GOPHER TORTOISE BIRD ROOKERY SEAGRASS WATER QUALITY MANATEE PROTECTION PUBLIC USE BALD EAGLE What if your project has many environmental issues? Sandy Scheda sscheda@scheda.com 813.376.3313 Wendy Hershfeld whershfeld@scheda.com 941.544.8848