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25 A P P E N D I X B Regulatory Matrix
Document Number Document Name Author and/or Administrator Type of tnaveleRtnemucoD Regulatory Criteria and Consideraons for Hazardous Wildlife and Stormwater 001 DOT Order 5660.1A, Preserva on of the Na onâs Wetlands Department of Transporta on Federal Regulatory Guidance ⢠DOT policy that facili es should be planned, constructed, and operated to assure protec on, preserva on, and enhancement of wetlands. ⢠Wetlands may serve as hazardous wildlife aÂractants due to open water surfaces and aÂrac ve vegeta on. Projects that are intended to enhance wetlands may conflict with FAA hazardous wildlife guidelines if they do not meet FAA separa on criteria. 002 FAA AC 150/5200-33C DRAFT Hazardous Wildlife AÂractants Federal Avia on Administraon Federal Regulatory Guidance Establishes separaon criteria between AOA and wildlife aractant: ⢠5,000 Â. for airports with piston-powered aircra ⢠10,000 Â. for airports with turbine-powered aircra ⢠5 miles (26,400 Â.) at all airports if wildlife movement potenal to interfere with aircra approach/departure Establishes criteria for exisng and proposed stormwater management facilies: ⢠Comply with separaon criteria where possible ⢠Consult with Qualified Airport Wildlife Biologist ⢠Avoid/Eliminate standing water (permanent pools) ⢠Modify/Design to meet 48-hour drawdown requirement ⢠Incorporate concrete pads to prevent nesng vegetaon in permanently wet areas ⢠Incorporate physical barriers and deterrents (bird balls, wires, etc.) where permanent pools remain ⢠Steep-sided, rip-rap lined, narrow, linearly shaped water detenon basins ⢠Eliminate aracve vegetaon that provides food or shelter to wildlife ⢠Promote infiltraon and incorporaon of under drains Establishes criteria for arficial marshes and wetlands ⢠Comply with separaon criteria where possible ⢠Monitor wildlife use and habitat changes at exisng and restored wetlands ⢠Coordinate with stakeholders to raise awareness of aircra safety risks and develop migaon plans that minimize hazards ⢠Perform migaon off-site or within migaon banks where possible, unless on-site wetlands must be maintained ⢠Avoid enhancing migaon areas to intenonally aÂract wildlife Assess wildlife hazard risks ⢠Perform Wildlife Hazard Assessment (WHA) when triggering events occur ⢠If required, develop Wildlife Hazard Management Plan (WHMP) to idenfy measures to migate risks 003 FAA AC 150/5300-13 Airport Design Federal Aviaon Administraon Federal Regulatory Guidance ⢠Promote effecve drainage and lower water table ⢠Incorporate sub drains to improve drainage ⢠Open channels or natural water courses are permiÂed only at the periphery of an airfield ⢠Prevent water accumulaon in runway safety area (RSA) and taxiway safety area (TSA) through grading and stormwater drainage ⢠Locate drainage channels outside RSA and follow minimum slope requirements to promote drainage ⢠References to drainage and wildlife circulars and local requirements for specifics 004 FAA AC 150/5320-5C Surface Drainage Design Federal AviaÂon AdministraÂon Federal Regulatory Guidance ⢠Establishes locaÂon of swales (outside TSA/RSA) ⢠Refers to Haz Wildlife AC ⢠Maximum channel side slopes 3:1 to allow mowing (possible conflict with Haz. Wildlife AC steep slope requirement) ⢠Conveyance design storm: 5-year ⢠Ponding: Minimize, no encroachment on taxiway/runway pavement or shoulders for 5-year storm, no ponding over central 50% of runways/taxiways/helipads during 10-year storm 005 ACRP Report 53: A Handbook for Addressing Water Resource Issues Affecng Airport Development Planning, Fact Sheet 4: Hazardous Wildlife AÂractant Gresham, Smith and Partners / ACRP Industry Guidebook Federal Aviaon Regulaon (FAR) 14 CFR Part 139.337: As part of the NEPA process, FAA has ability to require Wildlife Hazard Assessments (WHAs) as well as Wildlife Hazard Management Plans (WHMPs) to invesgate and address observed wildlife hazards. WHAs and WHMPs are required to be submiÂed to the FAA for review and approval, and incorporated into the Airport Cerficaon Manual (ACM). The FAA established a separate Memorandum of Understanding (MOU) with the USDA Wildlife Services to establish the role of each agency in migang wildlife hazards. The USDA assists the FAA with performing WHAs, contribung to and reviewing airportsâ WHMPs, and also serving as a guidance resource for airports in the idenficaon and migaon of potenal hazardous wildlife aÂractants. The agencies have jointly developed a manual to assist airports in these tasks, Wildlife Hazard Management at Airports: A Manual for Airport Personnel (âWildlife Hazard Manualâ).
006 FAA AC 150/5210-22 Airport Cerficaon Manual (ACM) Federal Aviaon Administraon Federal Regulatory Guidance Airports cerfied under Part 139 must keep ACM current at all mes. ACM must include a statement regarding wildlife acvity at airport, and status/results of WHA or WHMP. If WHMP exists, should be included as an aÂachment to ACM. 007 Clean Water Act Environmental Protecon Agency Act of Congress ⢠Established Naonal Pollutant Discharge Eliminaon System (NPDES), which regulates discharges to waters of the U.S. associated with qualifying municipal, industrial, and construcon acvies. NPDES is implemented through authorized state agencies with the issuance of NPDES permits. Permits typically establish eï¬uent limits that trigger the need for BMPs. Many state construcon permits include a standard minimum post-development storm water treatment volume called the "Water Quality Volume". ⢠Secon 304(m) of the Clean Water Act (CWA) requires US EPA to develop biennial plans for Eï¬uent Limitaon Guidelines that regulate discharges of pollutants associated with parcular industrial categories. ⢠Secon 303(d) of the CWA requires states to idenfy impaired waters and develop Total Maximum Daily Loads (TMDLs) as required to protect water quality. ⢠Secon 404 of the CWA regulates impacts to wetlands by prohibing discharges of dredged or fill material into waters of the U.S. without a permit. Secon 404 is administered by the U.S. Army Corps of Engineers (USACE). Secon 401 of the CWA idenfies the need for coordinaon with state regulatory agencies, and authorizes states to regulate wetland impacts through 401 water quality cerficaon programs. ⢠Aboveground controls with open water surfaces, such as detenon basins, are o¢en involved with achieving water quality and quanty requirements for site discharges, and present a potenal risk for hazardous wildlife aÂracon. Similarly, wetland migaon or restoraon can present risks through open water surfaces and vegetaon that may provide nesng habitat or food to hazardous wildlife. 008 Coastal Barrier Resources Act of 1982, as amended by the Coastal Barrier Improvement Act of 1990 U.S. Fish and Wildlife Service Act of Congress ⢠Established a policy that coastal barriers, in certain geographic areas of the U.S. are to be protected by restricng Federal expenditures that have the effect of encouraging development of coastal barriers. A Coastal Barrier Resources System (CBRS) is managed by the Fish and Wildlife Service (FWS) and coordinated with the USACE on projects that involve restoraon, stabilizaon, and development of wildlife habitat. ⢠Coastal resources provide habitat for wildlife and may present a risk to airports in coastal areas. Projects that are intended to enhance wildlife habitat may conflict with FAA hazardous wildlife guidelines if they do not meet FAA separa on criteria. 009 Coastal Zone Management Act, as amended Na onal Oceanic and Atmospheric Administra on Act of Congress ⢠Encourages states/tribes to preserve, protect, develop, and where possible, restore or enhance valuable natural coastal resources, as well as associated fish and wildlife habitats. ⢠Coastal resources provide habitat for wildlife and may present a risk to airports in coastal areas. Projects that are intended to enhance wildlife habitat may conflict with FAA hazardous wildlife guidelines if they do not meet FAA separa on criteria. 010 Execu ve Order 13089, Coral Reef Protec on Bill Clinton, President of the United States Execu ve Order ⢠Specific orders for preserving, protec ng, and enhancing the biodiversity, health, heritage, and social and economic value of U.S. coral reef ecosystems and the marine environment. ⢠Coral reefs and associated marine environments provide habitat for wildlife and may present a risk to airports in coral reef areas. Projects that are intended to enhance wildlife habitat may conflict with FAA hazardous wildlife guidelines if they do not meet FAA separa on criteria. 011 Marine Mammal Protec on Act of 1972, as amended in 2007 U.S. Fish and Wildlife Service & Naonal Oceanic and Atmospheric Administraon Act of Congress ⢠The MMPA prohibits, with certain excepons, the âtakeâ of marine mammals in U.S. waters and by U.S. cizens on the high seas, and the importaon of marine mammals and marine mammal products into the U.S. ⢠This regulaon does not appear to be relevant to hazardous wildlife requirements. 012 Magnuson-Stevens Fishery Conservaon and Management Act of 1976, as amended by the Sustainable Fisheries Act Senators Warren G. Magnuson (WA) and Ted Stevens (AK) Act of Congress ⢠The act requires the idenÂficaÂon and protecÂon of essenÂal fish habitat. ⢠This regulaÂon does not appear to be relevant to hazardous wildlife requirements, unless the protecÂon of fish habitat creates a wildlife hazard through the aÂracÂon of birds. 013 DOT Order 5650.2, Floodplain Management and ProtecÂon Department of TransportaÂon Federal Regulatory Guidance ⢠This order prescribes policies and procedures to ensure that consideraÂon is given to the avoidance and miÂgaÂon of adverse floodplain impacts in agency acÂons, planning programs, and budget requests. ⢠Floodplains may serve as hazardous wildlife aÂractants due to open water surfaces and aÂracÂve vegetaÂon. Projects that are intended to enhance floodplains may conflict with FAA hazardous wildlife guidelines if they do not meet FAA separaÂon criteria. 014 ExecuÂve Order 11988 Floodplain Management Jimmy Carter, President of the United States ExecuÂve Order ⢠This order provides guidance on avoiding or minimizing occupancy, modificaÂon, and development within floodplains whenever there is a pracÂcable alternaÂve. ⢠Airport drainage improvements, such as the addiÂon of under drains or re-grading of poorly draining areas may result in a reducÂon in hazardous wildlife aÂracÂon (by reducing the open water surface), while simultaneously reducing floodplains. It may be necessary to consider opÂons for addressing hazardous wildlife that minimize impacts to floodplains. (continued on next page)
016 Execuve Order 12088 Federal Compliance with Polluon Control Standards Jimmy Carter, President of the United States Execuve Order ⢠This order idenfies that the head of each Agency is responsible for ensuring that all necessary acons for prevenon, control, and abatement of environmental polluon with respect to federal facilies and acvies are under the control of the agency, and in compliance with federal polluon control statutes. USEPA may conduct reviews and inspecons to monitor compliance for federal facilies/acvies. ⢠This regulaon does not appear to be relevant to hazardous wildlife requirements, as long as airports are otherwise complying with environmental polluon control laws. If compliance poses a risk for hazardous wildlife aÂracon, that should be worked out with the regulang agency. 017 Execuve Order 12856 Federal Compliance with Right-to-Know Laws and Polluon Prevenon Requirements Bill Clinton, President of the United States Execuve Order ⢠This order requires federal agencies to manage facilies so that toxic chemicals entering waste streams are reduced through source reducon, generated waste is recycled to the maximum extent praccable, and wastes are stored, treated, or disposed to protect public health and the environment. Incorporates reporng requirements and encourages clean technologies/safe alternaves to hazardous substances or toxic chemicals. ⢠This regulaon does not appear to be in conflict with hazardous wildlife requirements. The storage and treatment of wastes should be done in a manner such that it is not exposed to the environment and does not aÂract wildlife. 018 Oil Polluon Act of 1990 Environmental Protecon Agency Act of Congress ⢠This regulaon was promulgated aÂer the Exxon Valdez oil spill to provide provisions to regulate and respond to oil spills. ⢠This regulaon does not appear to be directly related to hazardous wildlife requirements. 019 Presidenal Memorandum on Environmentally and Economically Beneficial Landscape Pracces on Federally Landscaped Grounds Bill Clinton, President of the United States Federal Regulatory Guidance ⢠This memorandum states that for federal grounds, federal (or federally funded) projects, agencies shall to the extent possible use regionally nave plants for landscaping, promote construcon pracces that minimize adverse effects on the natural habitat, minimize runoff and seek to prevent polluon, and implement water-efficient pracces for landscape irrigaon and management. ⢠Compliance with this regulaon should involve selecng vegetaon and landscaping pracces that also do not serve as wildlife aÂractants. For example vegetaon should be selected and maintained such that it does not provide habitat or food for hazardous wildlife. Vegetaon may be selected with the goal of liming the aÂracon or access of wildlife to open water surfaces. 020 Fish and Wildlife Conservaon Act of 1980, as amended U.S. Fish and Wildlife Service Act of Congress ⢠This act provides authority for the Fish and Wildlife Service (FWS) to evaluate impacts to fish and wildlife from proposed water resource development projects. Federal acons must involve consultaon with the FWS and state fish and wildlife agency regarding impacts to fish and wildlife resources and measures to migate these impacts. ⢠Water resources that provide habitat for fish and wildlife may also aÂract hazardous wildlife that presents a risk to nearby airports. Projects that are intended to enhance wildlife habitat may conflict with FAA hazardous wildlife guidelines if they do not meet FAA separaon criteria. Document Number Document Name Author and/or Administrator Type of tnaveleRtnemucoD Regulatory Criteria and Consideraons for Hazardous Wildlife and Stormwater 015 Execuve Order 11990 Protecon of Wetlands Jimmy Carter, President of the United States Execuve Order ⢠This order provides guidance on avoiding or minimizing the destrucon or modificaon of wetlands and to avoid direct or indirect support of new construcon in wetlands, whenever there is a praccable alternave. ⢠Airport drainage improvements, such as the addion of under drains or re-grading of poorly draining areas may result in a reducon in hazardous wildlife aÂracon (by reducing the open water surface), while simultaneously reducing floodplains. it may be necessary to consider opons for addressing hazardous wildlife that minimize impacts to floodplains. 021 Migratory Bird Treaty Act of 1918, as amended U.S. Fish and Wildlife Service Act of Congress ⢠Establishment of a federal prohibion, unless permiÂed by regulaons, to "pursue, hunt, take, capture, kill, aempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportaon, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportaon or carriage, or export, at any me, or in any manner, any migratory bird, included in the terms of this Convenon for the protecon of migratory birds or any part, nest, or egg of any such bird." â¢Conducng wildlife hazard management on an airport is not possible without a Depreda on permit, issued under this law, allowing airports to take migratory birds. Over 90% of all known-species bird strikes involved birds protected by MBTA, including vultures and ca le egrets. 022 Endangered Species Act of 1973, as amended U.S. Fish and Wildlife Service Act of Congress â¢The ESA's primary goal is to prevent the ex nc on of imperiled plant and animal life, and secondly, to recover and maintain those popula ons by removing or lessening threats to their survival. â¢The provision of the law in Secon 4 that establishes crical habitat is a regulatory link between habitat protecon and recovery goals, requiring the idenficaon and protecon of all lands, water and air necessary to recover endangered species. â¢All federal agencies are prohibited from authorizing, funding, or carrying out acons that "destroy or adversely modify" crical habitats (Secon 7(a) (2)). While the regulatory aspect of crical habitat does not apply directly to private and other non-federal landowners, large- scale development, logging, and mining projects on private and state land typically require a federal permit and thus become subject to crical habitat regulaons. â¢The combined result of the amendments to the ESA have created a law vastly different from the ESA of 1973. It is now a flexible, permiÂng statute. For example, the law now permits "incidental takes" (accidental killing or harming a listed species). Congress added the requirements for "incidental take statements," and authorized an "incidental take permit" in conjuncon with "habitat conservaon plans." This provision allows airports to take listed species when public safety is at risk.
023 Bald and Golden Eagle Protec on Act U.S. Fish and Wildlife Service Act of Congress â¢BAGEPA currently prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking" bald eagles. Taking is described to include their parts, nests, or eggs, moles ng or disturbing the birds. The Act provides criminal penal es for persons who "take, possess, sell, purchase, barter, offer to sell, purchase or barter, transport, export or import, at any me or any manner, any bald eagle (or any golden eagle), alive or dead, or any part, nest, or egg thereof." â¢The purpose of BAGEPA is not to agitate the bald and golden eagle to an extent of (1) not abusing an eagle; (2) not interfering with its substan al lifestyle, including shelter, breeding, feeding; or (3) nest abandonment. â¢Bald and golden eagles are large birds that are capable of causing significant damage to aircraÂ. Airports must be able to harass or remove eagles, and their nests, when necessary. â¢Bald eagles are par cularly aÂracted to nes ng in, or near, water and stormwater features could increase the risk of eagles nes ng on airports. 024 50 CFR 21.49 - Control order for resident Canada geese at airports and military airfields. Federal Government of the United States Federal Regula on â¢The airport control order authorizes managers at commercial, public, and private airports (airports) (and their employees or their agents) and military air opera on facili es (military airfields) (and their employees or their agents) to establish and implement a control and management program when necessary to resolve or prevent threats to public safety from resident Canada geese. Control and management ac vi es include indirect and/or direct control strategies such as trapping and reloca on, nest and egg destruc on, gosling and adult trapping and culling programs, or other lethal and non-lethal control strategies. â¢Resident Canada geese may be taken only within the airport, or the military base on which a military airfield is located, or within a 3-mile radius of the outer boundary of such a facility. Airports and military airfields or their agents must first obtain all necessary authoriza ons from landowners for all management ac vi es conducted outside the airport or military airfield's boundaries and be in compliance with all state and local laws and regula ons. â¢Canada geese are a large, flocking bird that pose a significant threat to aircraÂ. Geese are aÂracted to short grasses (e.g., airfields) and open water bodies, therefore, stormwater management features can increase the aÂrac veness of an airport to the geese. 025 50 CFR 22.27 - Removal of eagle nests Federal Government of the United States Federal Regula on â¢A permit may be issued under this sec on to authorize removal or reloca on of: (1) an ac ve or inac ve eagle nest where necessary to alleviate a safety emergency; (2) an inac ve eagle nest when the removal is necessary to ensure public health and safety; (3) an inac ve nest that is built on a human-engineered structure and creates a func onal hazard that renders the structure inoperable for its intended use; or (4) an inac ve nest, provided the take is necessary to protect an interest in a par cular locality and the ac vity necessita ng the take or the mi ga on for the take will, with reasonable certainty, provide a clear and substan al benefit to eagles. â¢This CFR allows airports to remove eagle nests from their property (with a permit) when they pose a threat to public safety (e.g., the travelling public).