| For the IDOT, consultation begins with a
query to the USFWS and IDNR on the distribution and habitat requirements
of listed species for a given IDOT project area and vicinity. The USFWS
maintains state lists of endangered and threatened species and their
habitat requirements sorted by county and the IDNR keeps the Natural
Heritage Database, an electronic geographically-referenced file of
records of occurrences of state and federally listed species in
Illinois. In addition to database queries, the IDOT utilizes in-house
expertise together with other sources of geographic information to
screen project areas for the presence of habitats that may contain or be
suitable for a listed species. For the vast majority of IDOT projects,
database records or in-house screenings show that there are no listed
species or habitats suitable for listed species within a project area or
its vicinity, a determination that there will be no adverse impacts is
made and consultation is terminated. |
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State and Federally Threatened
Decurrent False Aster
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For a small number of projects, a record of occurrence of a
listed species is known from within a project area and vicinity
or IDOT staff determine that there may be habitat suitable for a
listed species. When this happens, the IDOT will initiate field
studies either to relocate the record of occurrence or to search
for listed species within suitable habitats. Field studies are
conducted by biologists at the Illinois Natural History Survey
under a statewide contract with the IDOT. Often study results
show absence of listed species or absence of suitable habitat.
In the event a listed species is present within a project area,
the IDOT usually is able to avoid impacts—by shifting the
alignment of a proposed highway, for example. Consultation may
be terminated when the IDOT can demonstrate that there will be
no adverse impacts to listed species.
When a listed species is located within a project area and complete
avoidance of an impact is not practicable and there could be or will be
impacts to a listed species, the IDOT may prepare a Biological
Assessment (BA) or Detailed Action Report (DAR) in accordance with the
ESA or IL ESA, respectively. The BA or DAR includes a detailed map of
the location of the project, the results of field studies of the project
area and a discussion of measures to avoid, minimize and compensate for
impacts to the listed species. If the USFWS or the IDNR concurs with the
BA or the DAR—that there are no listed species that are likely to be
adversely affected by the project—then consultation is terminated.
The response to a BA or DAR may take the form of a Biological Opinion
that includes a statement as to whether the project is likely to
jeopardize the continued existence of a listed species (jeopardy
opinion); or, the project is not likely to jeopardize the continued
existence of a listed species (no jeopardy opinion). In a no jeopardy
opinion, the USFWS will include an authorization for the take of a
listed species incidental to the construction of a project. For
authorization of incidental take of Illinois listed animals, a
Conservation Plan (CP) shall be prepared by the IDOT and approved by the
IDNR. The CP must include a description of the project and measures to
minimize and mitigate project impacts. The approval process includes a
period for review of the CP by the public.
BAs and CPs are to include a description of all measures to be
implemented to minimize or mitigate the effects of a project on a listed
species and, plans to monitor the effectiveness of those measures. BOs
may contain non-binding discretionary conservation recommendations.
These measures or recommendations often become what are known to the
IDOT as project commitments. A commitment might be a restriction on the
dates of construction of a project. For example, construction of a
highway bridge may be scheduled so that there is no in-stream work
during the spawning and incubation periods of a listed species of fish.
For some projects, commitments are made to compensate for the take of
a listed species or its habitat and this may be accomplished by
preserving, enhancing or restoring habitats that contain listed species
or their preferred habitat. Compensation can be done on land acquired by
the IDOT, on private land through purchase of conservation easements or
on public lands in partnership with a land management agency. Other
examples of commitments or mitigation measures can be the use of action
items that are included in USFWS recovery plans for listed species.
Monitoring of project commitments is accomplished by the IDOT through
its statewide contracts with the Illinois Natural History and State
Geological Surveys.
Below are examples of IDOT projects with impacts or potential impacts
to listed species, commitments that were made and implemented to
minimize or mitigate those effects and the results of monitoring the
effectiveness of the mitigation measures.
IDOT Case Studies
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