HomeMy WebLinkAboutMemo - Spotted Frog Update
December 2, 2013
U.S. Fish and Wildlife Service, Bend Field Office
63095 Deschutes Market Road, Bend, Oregon 97701
Attn: Nancy Gilbert
Jennifer O’Reilly
HAND DELIVERED: December 4, 2013 public meeting at the La Pine Senior Center
RE: Deschutes County Road Department comments on proposed Oregon Spotted Frog
listing (FWS-R1-ES-2013-0013)
Ms. Gilbert/Ms. O’Reilly:
The purpose of this letter is to provide Deschutes County input into the process associated with
the potential designation of the Oregon spotted frog as a threatened species and the designation
of critical habitat under the Endangered Species Act.
Deschutes County operates and maintains an 833 mile road network within rural Deschutes
County. Upon initial geospacial analysis it appears there are approximately 29 locations where a
Deschutes County road facility intersects a proposed Oregon spotted frog critical habitat area.
The total lineal road length of the crossing area is approximately 2.0 miles with a maximum
single segment exposure length of approximately 1,200 feet and a minimum segment length of
approximately 20 feet. There are nine Deschutes County bridge facilities within the proposed
habitat area.
Deschutes County conducts road maintenance and operations with what are generally considered
Best Management Practices (BMPs) on facilities within or near riparian areas. Primary
operational and maintenance activities include:
1. Pavement repair, overlay, and seal coat activities
2. Road striping and pavement marking
3. Sweeping and brooming
4. Ditch shaping, grading, and cleaning
5. Shoulder rock placement
6. Sign installation and replacement
7. Vegetation management (including shoulder spray with riparian buffer)
8. Bridge and culvert maintenance
9. Bridge replacement
10. Snow removal and anti-icing product application
It is our understanding that Section 4d of Limit 10i of the ESA provides an opportunity for
various activities, such as those road maintenance activities listed above, to be exempt or limited
from ESA take provisions when BMPs are used.
Within our industry, we are familiar with the Oregon Department of Transportation’s Routine
Road Maintenance Water Quality and Habitat Guide (the “bluebook”) and other county centric
road maintenance manuals as examples of documented BMPs which have achieved compliance
with their associated take exemptions for various listed species.
If the Oregon spotted frog is listed as threatened, Deschutes County will request adoption of the
“take” rule under section 4d of the ESA to provide protection to the road maintenance and
operational activities necessary to maintain and operate our 833 mile road network within rural
Deschutes County. We understand this may require formal adoption of BMPs or other
acknowledged road maintenance manuals.
Thank you for the opportunity to provide input into this process. Please do not hesitate to
contact me for further discussion or dialogue.
Sincerely,
Chris Doty, PE
Director, Deschutes County Road Department
61150 SE 27th Street
Bend, OR 97702
541.322.7105
chris.doty@deschutes.org