Whereas: The Utah Department of Transportation (UDOT), the Federal Highway Administration (FHWA) and the Fish and Wildlife Service (FWS) have stewardship responsibilities over the Utah natural environment and share the goal of conserving and protecting Utah's threatened, endangered, and candidate flora and fauna species.

Whereas: As a part of their environmental stewardship responsibilities, the UDOT and FHWA seek to protect threatened, endangered, and candidate species and their critical habitats, identified by the FWS;

Whereas: It is in the interest of all three agencies to streamline the environmental process and Section 7 consultation activities by reducing unnecessary paper work and analyses;

Whereas: UDOT has numerous federally funded projects annually that involve minor maintenance, or construction work associated with existing roadways, the majority of which, by their nature and past history, would have "no effect" to Threatened, Endangered or Candidate Species, or their critical habitats;

NO EFFECT DETERMINATIONS

Therefore: UDOT, FHWA, and FWS agree to the streamlining of Section 7 Consultation for specific types of projects, examples of which include:

• Rotomilling existing asphalt pavement and placing new asphalt at the same location (not including asphalt tailing storage or disposal),
• Installing or repairing of guardrail,
• Installing, upgrading, or repairing traffic signals, lighting, and signs,
• Striping of roadway surfaces,
• Constructing or upgrading curbs, gutters, and sidewalks in urbanized areas that are developed on both sides of all applicable roads,
• Intersection improvements in fully developed urban areas, such as additions to turn lanes, geometric improvements, and road widening in areas that are developed on both sides of all applicable roads,
• Installing and repairing concrete traffic barriers in urbanized areas.

Therefore: Under this agreement, FHWA will make "no effect" determinations, without requesting a concurrence letter from FWS. This is consistent with Endangered Species Act regulations (50 CFR 402).

Therefore: If FHWA, or UDOT, or their representatives are unsure of site-specific species or habitat location information relative to proposed actions, they will immediately contact FWS by phone, email, or letter to discuss species location information, project plans, and the "no effect" determination.

Therefore: FHWA and UDOT will maintain records all projects for which a "no effect" determination is made for a period of 1-year after construction is completed.

MAY AFFECT DETERMINATIONS

May Affect, Not Likely to Adversely Affect

Whereas: A "may affect, not likely to adversely affect" determination would result from actions that may pose any effects to listed species, but where these effects are expected to be discountable, insignificant, or completely beneficial.

Therefore: FHWA will request written concurrence from FWS as required if the action "may affect, but is not likely to adversely affect" a listed species or critical habitat in accordance with 50 CFR 402.13.

Likely to Adversely Affect or Adverse Modification/Destruction of Critical Habitat

Whereas: FHWA or the Service determines that an action is "likely to adversely affect" a listed species, or will result in jeopardy, or adverse modification of critical habitat (50 CFR 402.02)

Therefore: FHWA will initiate formal consultation as required by 50 CFR 402.14.

Examples of where the aforementioned project may affect listed species, or habitat include, but are not limited to:

• Projects in, or adjacent to Utah prairie dog habitat. Utah prairie dogs are frequently located on highway rights-of-way or medians, and could be affected due to soil and vegetation disturbances, or by direct mortality from construction equipment.
• Projects in or adjacent to desert tortoise habitat. Desert tortoises or their habitats could be affected due to soil and vegetation disturbances, or by direct mortality from construction equipment.
• Projects in or adjacent to listed plant species habitat.
• Projects in or adjacent to listed fish species habitat where equipment would be used in the waterway or floodplain, or there is a risk of fuel, oil, or other contaminants.
• Projects that would impact riparian habitats in areas inhabited by listed bird species (e.g., southwestern willow flycatcher).
• Projects within 1.0 mile of a bald eagle nest site, or 0.5 mile of a bald eagle winter roost site.
• Projects within 0.5 mile of a Mexican spotted owl nest site or Mexican spotted owl suitable habitat.
• Projects within or immediately adjacent to listed species' designated critical habitat.

ANNUAL COORDINATION

Therefore: UDOT will request annually a county species list from FWS.

Therefore: FHWA, FWS and UDOT will meet annually in starting in early Spring 2006 to review past determinations and discuss upcoming projects.

Agreed to this day: August 30, 2005

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State of Utah
Department of Transportation

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Charles W. Bolinger
United States Department of Transportation
Federal Highway Administration
Utah Division

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Henry Maddux
United States Department of Interior
Fish and Wildlife Service
Utah Field Office