The primary
regulations pertaining to transportation projects as
they relate to threatened or endangered
species are Section 7 of the Endangered Species Act of 1973 (as
amended), the National Environmental Policy Act of 1969 (as amended),
and 16 U.S.C. 662, Section 2 of the Fish and Wildlife
Coordination Act of 1958 (as amended).
For
projects where our actions may affect T&E species
or an otherwise sensitive biological resource, the
Federal Highway Administration and MoDOT must
address issues raised by agency and public
interaction. The FHWA and MoDOT must coordinate with
the Fish and Wildlife Service on any action
likely to jeopardize the continued existence of any
federally listed species or result in the destruction
or adverse modification of critical habitat.
Interaction with resource and regulatory agencies is
particularly important early in project development.
Since resource and regulatory agencies' priorities
have shifted to the protection of a species' habitat
rather than to the species itself, it is essential to
show that all actions of the FHWA and the State of
Missouri have included appropriate consideration and
protection of T&E species or other sensitive
natural resources. This new approach does not
preclude the analysis of impacts to specific species
but broadens the evaluation criteria to consider
potential impacts to wetlands, streams, floodplains,
prairies, and other such "native" Missouri
habitats.
Many of
MoDOT's federal-aid highway projects require Clean
Water Act Section 404 permits from the Army Corps of
Engineers. Early and continued coordination regarding
potential impacts to T&E and other sensitive
biological resources is imperative to address issues
that may affect the issuance of permits in these
cases. Fish and wildlife issues that are not
satisfactorily resolved during a project's
environmental study phase will undoubtedly arise
again during review of the Section 404 and/or U.S.
Coast Guard permit application.