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606-PT – Revision 5 – 09.15.10.USA

Welcome to the International Right of Way Association’s Course 606 Project Development and the Environmental Process. 606-PT – Revision 5 – 09.15.10.USA. Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course.

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606-PT – Revision 5 – 09.15.10.USA

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  1. Welcome to theInternational Right of Way Association’s Course 606Project Development and the Environmental Process 606-PT – Revision 5 – 09.15.10.USA

  2. Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course...

  3. Objectives(1)After completing this course, you will be able to...

  4. Objectives(2)After completing this course, you will be able to...

  5. Housekeeping

  6. Schedule (1)

  7. Schedule (2)

  8. Module IOverview of ProjectDevelopment and Environmental Compliance Process

  9. Project Development Process • Project Conceptualization • Constraints Analysis and Siting • Project Planning and Preliminary Design • Project Decision, Detailed Design and ROW Acquisition • Construction • Operations and Maintenance

  10. Environmental Regulation Review (Course 600) Water resources Wetlands regulations Wildlife Cultural resources Air quality Environmental contamination National Environmental Policy Act (NEPA)

  11. Environmental Regulation Review (Course 606) National Environmental Policy Act (NEPA) Endangered Species Act (ESA) Wetlands Regulations (Clean Water Act, Section 404) National Historic Preservation Act (NHPA) Section 4 (f)

  12. NEPA and State EIA Laws

  13. NEPA Overview (1) Directs all federal agenciesto consider environmental impacts in their decision making processes for federal proposed actions.

  14. NEPA Overview (2) • NEPA’s three major provisions: • Established national environmental policy. • Created President’s Council on Environmental Quality (CEQ). • Required an EIS (environmental impact statement) as an “action forcing mechanism”.

  15. Agencies Administering NEPA Council on Environmental Quality (CEQ) Environmental Protection Agency

  16. What Triggers NEPA? Proposed actions that are: • Directly carried out or funded by a federal agency. • Financed or permitted by a federal agency. • Connected actions.

  17. Levels of NEPA Analysis CEQ statistics indicate that 100 Easare prepared for every EIS.

  18. Categorical Exclusions • Categories of actions that do not individuallyor cumulatively have a significant effect on the human environment. • Proposed action fits within a class of actions listed in regulations. • No extraordinary circumstances related to the proposalthat may have significant environmental effects. • Action is not connected to any other actionsthat may have significant impacts.

  19. EAs vs. EISs Environmental Assessments(EAs) Environmental Impact Statements (EISs) Significance of effects may be uncertain May be developed by an individual or interdisciplinary team Can require 2 -18 months to complete Can range from concise public documents that meet CEQ requirements to larger documents that are supported by a mitigated FONSI. Significant environmental effects Are developed by an interdisciplinary team Can require from 1 to more than 6 years to complete May range from 200 to more than 2,000 pages in length

  20. Other NEPA Documents

  21. When is an Impact Significant? • CEQ regulations: context and intensity • Factors to consider: • - Public health and safety • - Unique characteristics of geographic area • - Properties eligible for the National Register of Historic Places (NRHP) • Endangered species or their habitat • Cumulative effects • - Federal, state, and local laws and regulations

  22. Steps in EIS Analysis

  23. Lead vs. Cooperating Agencies Lead Agency Cooperating Agency Lead agency determined based on: • Magnitude of agency’s involvement • Project approval/disapproval authority • Expertise concerning the action’s environmental effects • Duration and sequence of agency involvement. Source: CEQ NEPA regs Section 1501.5(c) • Jurisdictional or management responsibility over impacted resources • Special expertise with impacted resources • Geographic proximity to proposed action • State and local agencies are eligible • Lead agencies are responsible for designating cooperating agencies • CEQ has issued detailed lead agency guidance

  24. NEPA Documentation Administrative Draft EA/EIS Public Draft EA/EIS Final EA/EIS FONSI/ROD

  25. Other NEPA Provisions Public involvement(mandatory and optional) Coordination with state“mini-NEPAs”

  26. State EIA Laws Apply to a range of state/local actions, depending on the specific state. Strongest EIS laws: California, Washington, New York. FHWA NEPA delegation to states (highway projects).

  27. NEPA Review

  28. Other Environmental Regulations

  29. Endangered Species Act(ESA)

  30. ESA Overview • Prevent extinction and recover of endangered and threatened species and the ecosystems upon which they depend. • Administered by: • U.S. Fish and Wildlife Service (USFWS), • National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS)

  31. ESA Definitions Endangered: In danger of extinction throughout all or a significant portion of its range. Threatened: Likely to become an endangered species in the foreseeable future. Candidate: Can be proposed as endangered or threatened but listing is precluded by other higher priority listing activities.

  32. Major ESA Provisions

  33. Section 7 Consultation • Prohibits federal agencies from undertaking actions that are likely to: • - Jeopardize the continued existence of a listed species. • - Cause destruction or adverse modification of critical habitat. • Federal actions may include funding, permits, leases and other entitlements, and direct federal actions.

  34. Section 7 Process • Informal consultation • Do listed species exist in project area? • Can proposed action affect the species or critical habitat? • Biological Assessment • Prepared by federal agency for actions that require an EIS. • Formal consultation • USFWS issues Biological Opinion. • Determines effects on listed species and critical habitat and offers alternatives/mitigation.

  35. Sections 9 and 10 –Take Prohibition and Authorization (1) • Prohibits “take” of listed fish or wildlife species. • “Take” includes harassing, harming,injuring, pursuing, hunting, capturingor killing a species.

  36. Sections 9 and 10 –Take Prohibition and Authorization (2) • Incidental take permit (ITP) required when non-Federal activities result in a “take”. • Take must be “incidental to an otherwise lawful activity”.

  37. Sections 9 and 10 – Take Prohibition and Authorization (3) • Habitat conservation plans must accompany ITP and outline actions to minimize or mitigate effects of authorized incidental take.

  38. ESA Review Assume that a proposed new federally funded highway project may affect a listed endangered species. What steps will you need to take to comply with the ESA?

  39. Wetland RegulationsClean Water Act Section 404

  40. Clean Water Act Section 404 Overview Requires applicants to obtain a Section 404 permit prior to discharge of dredged or fill material into wetlands or other waters of the U.S. Requires U.S. Army Corps of Engineers (USACE) and EPA to issue guidelines governing permit programs.

  41. Jurisdictional Waters All waters that are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce. All “other waters” including wetlands that could affect interstate or foreign commerce. Classification of “isolated” intrastate waters and wetlands is controversial and uncertain.

  42. Nationwide Permits Apply to broad categories of dischargeactivities that will cause only minimaladverse environmental effects on a directand cumulative basis. NEPA review has been completed and the permit is already issued. Compliance with other federal environmental legislation required

  43. Individual Permit Process

  44. Section 404 Review Assume that a pipeline has been proposed through an area that appears to include jurisdictional wetlands and waters of the U.S. What steps you would take to comply with the Clean Water Act, Section 404?

  45. Quiz Is a permit required for ANY project that will discharge dredge or fill into a wetland? No. Permits are only required for “waters of the U.S” or jurisdictional wetlands.

  46. Mitigation of Wetland Impacts • National goal of no net loss of wetlands function and value is applied to each permit decision. • Mitigation and monitoring plan should include: • Goals/objectives • Site design • Success criteria • Long term monitoring requirements • Maintenance activities

  47. National Historic Preservation Act (NHPA)

  48. NHPA Overview Established the National Register of Historic Places. Created the Advisory Council on Historic Preservation. Established the Section 106 review process.

  49. National Register of Historic Places Recognizes districts, sites, buildings, structures and objects. Must be significant to American history, architecture, archeology, engineering or culture. Generally, properties younger than 50 years not eligible.

  50. Section 106 Review • Applies to federal actions that may affect NHRP listed or eligible properties. • Requires that federalagencies consult with: • - Advisory Council on Historic Preservation State - Historic Preservation Officer (SHPO) • - Local agencies • - Indian tribes

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