Locally Administered Federal-Aid Project Initiation Workshop

1. Locally Administered Federal-Aid Project Initiation Workshop Prospectus Part 3 and NEPA Requirements Presenter: Howard Postovit; ODOT Region 5 Region Environmental Coordinator Date: 14 November 2013

2. FHWA Federal-Aid Essentials for Local Transportation Projects:A Primer for NEPA and 4(f) Process Requirements • National Environmental Policy Act • NEPA Overview—Compliance required for all Federal Aid projects; EIS, EA, CE • NEPA CE Process & Documentation(click to watch)

3. PROJECT SCOPE COORDINATION COMMUNICATION

4. Completing the Prospectus Part 3 An ODOT Environmental Scoping Document • Discuss Project Scope: All Project Elements that Could Impact the Environment • The Part 3 is typically prepared by the Region Environmental Coordinator. • The Part 3 can be written by consultants but will require ODOT review. • What is the project? • Where is the project located? • Will the project include staging? Borrow sites? Fill sites? Detour routes? • How long will the project be under construction? Will it be phased? • What time/s of year are you wanting to construct your project? • Are any project elements likely to change in development or construction? • What are the project unknowns? Risks (e.g. HazMat)? Project Scope Communication

5. Completing the Prospectus Part 3 Project Scoping for Environmental Resources • Potential for Environmental Impacts—Data Research and Site Visit Scoping • What natural and cultural resources exist in or adjacent to your project? • What are the potential impacts to those resources based on the full project scope as previously determined and discussed? • Will impacts need to be mitigated? • What are the documentation requirements for each applicable resource law or policy or programmatic agreement? • Compatibility with land use designations. • Are there still any remaining project unknowns? Risks? FHWA does not sign the Part 3, but want it included with the CE or PCE Closeout. Coordination 5

6. NEPA Requirements Studies and Documentation as Outlined in the Part 3 • Technical Studies and Consultation with Resource Agencies • Technical studies and reports are completed by qualified specialists. • ODOT certification requirements for ESA and Arch/Historic. • Coordination with the resource agencies can be delegated. • Submitting documents to regulators should be coordinated with ODOT and may need to go through ODOT. Coordination 6

7. NEPA Requirements Next Steps after Part 3 Completion Obtaining Environmental Clearances, Approvals, and Permits During Project Development (prior to PS&E) • ODOT’s Role • Local Agency’s Role • Consultant’s Role • FHWA’s Role Coordination 7

8. NEPA Requirements • Tribal Consultation and Public Involvement • Coordination/consultation with the Tribes will be completed by FHWA/ODOT. • TRIBAL COORDINATION CAN NOT BE DELEGATED. • Public needs to be engaged at some level for all projects. • Can occur in various forums. • The Region 5 LAL (Mike Barry) and Region Environmental Coordinator (REC) for the Local Program (Howard Postovit) are here to help you and your consultants navigate NEPA. Coordination 8

9. NEPA Approval The CE or PCE Closeout • FHWA requires a CE or PCE Closeout to demonstrate completion of NEPA • CE vs. PCE • Can be completed by REC or Consultant • Documentation needed for all Closeouts • Endangered Species Act compliance. • National Historic Preservation Act (Section 106) compliance for archaeological and historic resources. • Tribal Coordination Record. • Record of Public Involvement. Coordination 9

10. NEPA Completion and Starting ROW Because FHWA considers ROW authorization as a commitment of Construction Dollars, NEPA must be completed prior to many ROW tasks. • Can affect project timelines Coordination 10

11. Meeting Environmental Commitments • Include Environmental Commitments made during project delivery in contract plans and specs. • Construction Monitoring to ensure commitments made in the NEPA phase are implemented correctly. • Post-Construction Monitoring if applicable per environmental permits, can extend for multiple years. Coordination 11

12. 4(f) • Section 4(f) of the Department of Transportation Act of 1966 • Affords protection to: • Publicly owned parks & recreation areas • Waterfowl and wildlife refuges, & • Historic sites considered to be of national, state, or local significance. • De Minimis, Programmatic, Individual 4(f) Evaluations • Requires Alternatives Analysis • Have to demonstrate that selected alternative is only “Reasonable and Prudent Alternative” • Cost can be a factor if it is of: • “Extraordinary Magnitude” • Will Require mitigation formalized in a MOA Coordination 12

13. Questions? PROJECT SCOPE COORDINATION COMMUNICATION 13

14. Resources • Region 5 Local Agency Liaison: • Mike Barry • 541-963-1353 • mailto:Michael.P.Barry@ODOT.state.or.us • Region 5 REC for Local Program: • Howard Postovit • 541-963-1343 • mailto:Howard.Postovit@ODOT.state.or.us • FHWA • NEPA guidance (video homepage) Link • 4(f) guidance (video homepage) Link • ODOT NEPA guidance (LAG manual, chapter 5B) • Handout—ODOT Roadmap for Navigating Environmental Processes 14