PM Academy II

Rural Transportation Summit ADOT Environmental in Project DevelopmentJanuary 19, 201 4

1ADOT Environmental

ADOT Intermodal Transportation Division 3Environmental Planning Group (EPG)

4FHWA EnvironmentalNorthern Arizona and PhoenixRebecca YedlinSouthern ArizonaDavid Cremer

5Environmental in Project DevelopmentWhy do we have an Environmental process?Assure that there is a project purpose and need for the transportation projectAssure that environmental impacts are considered in developing alternativesAssure that projects Avoid, Minimize, and Mitigate adverse effectsAssure that projects meet all legal requirements

7What is the Environmental process?In a word: NEPANational Environmental Policy Act of 1969

8The National Environmental Policy Act (NEPA) of 1969NEPA requires the Federal government to consider the environment in major Federal actions

So why ADOT and LPA projects?ADOTs highway program, including LPA projects, is largely a Federal-Aid Program (i.e. the Federal Gas Tax)

9The National Environmental Policy Act (NEPA) of 1969What requires NEPA?Federal ActionsFederal Funds for Design, ROW and ConstructionOther Federal actions (regardless of project funding): US Army Corps. 404 permitsAction by land management agencies (FS, BLM, BIA, etc.)Design Exceptions on the National Highway System (NHS)Change in Access on the Interstate System

10Why is There a National Environmental Policy Act?

11The National Environmental Policy Act (NEPA) of 1969What Brought about NEPA?The SixtiesReaction to the Interstate building of the 50s into the 60s (the Freeway Revolt)The book Silent SpringVietnam War protests The Counter-CultureOther significant events

12Why are these Environmental laws in place?

Laws are created in response to the times13Why are these Environmental laws in place?The Interstate Yellow Book

Why are these Environmental laws in place?1956 Federal-Aid Highway Act started the Interstate Highway construction program

15Why are these Environmental laws in place?1956 Federal-Aid Highway Act Interstate Highway construction mandate

16Why are these Environmental laws in place?

Impacts to Urban Environments17Why are these Environmental laws in place?The highway program is being operated by barbarians. We ought to have some civilized understanding of just what we do to spots of historic interest and great beauty by building eight-lane highways through the middle of our cities.

Senator Joseph Sill Clark PA, 1966Source: Divided Highways (Tom Lewis)

18Why are these Environmental laws in place?

Planned freeway through Overton Park 1971 the US Supreme Court protection of parkland was to be given paramount importance. 19Why are these Environmental laws in place?

1969 Cuyahoga River Fire, Cleveland

Santa Barbara Oil Spill

NEPA signed into law on January 1, 197020The National Environmental Policy Act (NEPA) of 1969Back to NEPA and Project Development

21NEPA Decision Making FrameworkNEPA involvesConsideration of environmental factors in decision-making (in addition to economic and technical)

Consideration of alternatives to actions with significant impactsEvaluation of environmental impactsProject documentation (NEPA documents)Public involvement and interagency coordination22Regulatory and Guidance HierarchyRegulation and GuidanceUnited States Code (USC) [Law]23 (Highways) and 42 (Public Health) USCCouncil of Environmental Quality (CEQ) Regulations 40 CFR 1500 FHWA NEPA Regulations 23 CFR 771 FHWA HQ Guidance Technical Advisory T6640.8A for NEPA Documents 4(f) Policy PaperFHWA AZ Division Guidance and ADOT EPG Guidance23The NEPA UmbrellaThe NEPA process provides a framework for compliance with other Federal, State, and local environmental statutory requirements (hence the term NEPA umbrella)

Procedural law Follow the processDefines process, not decisions

24The NEPA UmbrellaTitle VI of Civil Rights Act of 1964Executive Order 12898 (Environmental Justice)Civil Rights ActClean Water Act (CWA)Clean Air Act (CAA)Safe Water Drinking Act (SDWA)Endangered Species Act (ESA)Solid Waste Disposal Act (SWDA)Resource Conservation and Recovery Act of 1976 (RCRA)

49 USC 303 4(f)Emergency Planning and Community Right to Know Act of 1986 (EPCRA)National Historic Preservation Act (NHPA)Public Hearing RequirementsArchaeological and Historic Preservation Act (AHPA)Farmland Protection Act23 USC 109(h) Highways Environmental Effects

25What if they just repealed NEPA?The NEPA UmbrellaTitle VI of Civil Rights Act of 1964Executive Order 12898 (Environmental Justice)Coastal Zone Management ActClean Water Act (CWA)Clean Air Act (CAA)Safe Water Drinking Act (SDWA)Endangered Species Act (ESA)Solid Waste Disposal Act (SWDA)Resource Conservation and Recovery Act of 1976 (RCRA)Comprehensive Environmental Response, Compensation and Liability Act (CERLA)Emergency Planning and Community Right to Know Act of 1986 (EPCRA)National Historic Preservation Act (NHPA)Public Hearing RequirementsArchaeological and Historic Preservation Act (AHPA)AND MORE

26NEPA Approval & ADOT Environmental ClearanceNEPA approvalApproval date of the Environmental Document (CE, EA or EIS)Allows for Federal Authorizations for Final Design and all ROW actionsADOT Environmental ClearanceFinal clearance from EPG to Contract and Specifications to certify that the project is ready for bid advertisement in terms of environmental requirements

27NEPA Classes of ActionNEPA Document:Class I - Environmental Impact Statement (EIS)Impacts significantClass II Categorical Exclusion (CE)Impacts not significantClass III Environmental Assessment (EA)Significance of impacts are not clearly knownRe-Evaluation Revisit after NEPA approval (time or changes)

Three classes of action: CE= Categorical Exclusion; EA= Environmental Assessment with Finding of No Significant Impact (FONSI) or escalation to EIS; EIS = Environmental Impact Statement with Record of Decision (ROD)28NEPA Class of ActionEnvironmental Impact Statement (EIS)

SR 202L New Freeway29NEPA Class of ActionEnvironmental Assessment (EA)I-17 Cordes Junction Interchange Reconstruction

30NEPA Class of ActionCategorical Exclusion (CE)Traffic Guide Sign minor impacts with limited ground disturbance

31NEPA Class of ActionCategorical Exclusion (CE)

New HOV32NEPA Class of ActionCategorical Exclusion (CE)Pavement Preservation Project- including work off the roadway such as culvert extensions and slope flattening

33NEPA Class of ActionCategorical Exclusion (CE)Bridge Deck Rehabilitation

34How Long Does It Take?Schedule dictated byComplexity of projectTimelines and quality of technical reportsResponses from other agencies/SHPO/TribesChanges in project scope Timeliness of additional funds needed

Project Development TimeframesGroup One (CE) Up to 2 monthsMay still require some due-diligenceGroup Two (CE)6 to 12* months* Biology, cultural resources, 404 Individual PermitEnvironmental Assessment 1 to 3 yearsEnvironmental Impact Statement 3 to 5+ yearsDevelopment/Design

Presenter: Jodi Rooney (slides 43-67) Activity: project horror stories Horror story #1: LPA held project receipts for 2 years prior to authorization can have major fiscal impact; in this case $108k.

use the project development graphic)Add actual form from FHWA

Clearances:Utility conflicts have to be resolved. Please remember that all projects cleared with a utility clearance need to include the clearance for work on or adjacent to the rail road right of way. If you have a project that is near to the rail road, ask Robert Travis to take a look and let you know if there is railroad involvement.Furthermore, if he says no and you change your project, you must ask again. It is your responsibility as the utility coordinator and the project manager that all work is properly cleared and can be advertised for construction. Environmental mitigation measures identified through the environmental process are included in the contractROW has to be acquired37Purpose and NeedPublic and Agency Scoping (NEPA)Section 106 Consultation (Historic Preservation Act)Biological Evaluation (Endangered Species and more)Hazardous Materials report4(f) EvaluationEnvironmental Process HighlightsAir and Noise Mitigation measures404 Permits (Clean Water Act) 38Environmental in Project DevelopmentIntegration of environmental and design One Process

The Scope of the project and changes in design greatly influence the environmental schedule/project schedule

39Environmental in Project DevelopmentProject scoping process and Environmental Field Review Form are important to identify environmental scope earlyIdeally well have a 100% footprint for environmental & ROW at 60% Design. Try to avoid late changes as they can impact schedule.Identify Temporary Construction Easements (TCEs) early in DesignIdentify and include staging and stockpiling areas at Field Review if possible. May require TCEsIdentify scope such as geotechnical work early. Do we need a separate clearance or can it be part of the project clearanceGet environmental technical work/consultations going early before boring plan is finalized

40Environmental in Project DevelopmentCommunicate any scope changes to the EPG Planner as soon as they happenIf the EPG Planner has requested information then supply it as soon as possible. The environmental process, through consultation and coordination with stakeholders and outside agencies, may bring about additional scope being added to the projectEPG is never looking to increase scope but sometimes it happensGet funding in place quickly for addition work added to the project scopeExamples; 404 permit, biological survey or cultural data recovery work added to the project

41Environmental in Project Development Project Scoping/Preliminary DesignComprehensive and un-changing (ideal world)Delay in defining or changing a project scope can delay the environmental processDefine drainage improvements, culvert extensions, geometric improvements, scour countermeasures, etc. Scope added later in the design process can add time to the environmental process and impact the project scheduleDefine project footprint with preliminary design

42Environmental in Project DevelopmentDefine JDs early

Factor JDs and wetlands in the design; drainage, bridge, scour

Avoid, minimize and mitigate

Least Environmentally Damaging Practicable Alternative required by Corps.

404 Permits

43Environmental in Project Development404 Permits

Preliminary design impacted a wetland

404 Individual Permit required

Alternatives analysis required

44Environmental in Project Development404 Permits

Design changed to avoid impact to wetland

404 Individual Permit avoided

Nationwide only for temporary construction impacts

45Environmental in Project DevelopmentHistoric Buildings and Districts

Built Environment surveys are necessary

Cultural resource concerns may impact the design

CULTURAL RESOURCES46Environmental in Project DevelopmentCULTURAL RESOURCES

Historic Roads

We try to avoid adverse effect through Section 106 Consultation

HPT has procedures for treating historic roads47

Data recovery is expensive and time consumingEnvironmental in Project DevelopmentData recovery is undertaken to recover data (information)

Data recovery may require a task order or contract (consider timing and funding)

Constructability in relation to avoidance areas

CULTURAL RESOURCES48Environmental in Project Development Section 4(f)Provides protection to parks and recreational lands, wildlife and waterfowl refuges, and historic sites. No use unless:No feasible and prudent alternativeAll possible planning to minimize harm to the property resulting from use

49Environmental in Project Development Section 4(f)How to address: First, can we avoid! Study alternatives Types of treatment De minimisProgrammaticBridges, Minor Use of Historic SitesIndividual

50De minimis taking

Minimize impact

Negotiate compensation/ improvements

Agreement of local authority of no adverse effect

Inform the publicEnvironmental in Project Development

Section 4(f)51

Historic Bridge; Section 106 and Section 4(f)

Rehabilitation De minimis

Replacement - Programmatic 4(f) Evaluation (one of five FHWA programmatic procedures for 4(f))Environmental in Project DevelopmentSection 4(f)52Air, Noise and Hazmat. Project context driven.Air Quality Urban areas (Non-attainment/Hot Spot Analysis for CAA)Noise Sensitive Receptors (houses)Hazmat History of land (old gas stations)

Environmental in Project Development

53 Avoid, Minimize, Mitigate Required by regulation to be integral with the project development. Integral does not mean exclusive (for example at the expense of safety).Avoid Historic Sites Jurisdictional WatersBiological Sensitive Species

Minimize Project impacts

Mitigate Compensation for unavoidable impactsCan be included in the project cost (Federal-Aid eligible)

Environmental in Project Development54Federal Highway Authorizations

55MAP-21 Right-of-WayChanges related to the Environmental process and ROW MAP-21 Section 1302:Changed 23 USC 108 for Early Acquisition (b) Many conditions including State Comprehensive land use planning process and Governor Certification. (c) acquired without threat of condemnation. Talk to FHWA if considering early acquisition of ROW

If the State will seek reimbursement from FHWA for State funds spent on early acquisition, the following conditions apply:Must be acquired in compliance with the Uniform Act;Must comply with title VI of the Civil Rights Act of 1964;State must have a comprehensive & coordinated land use, environment, and transportation planning process;The early acquisition must be certified by the Governor as consistent with the States planning process;The property must be incorporated into the selected alternative;Environmental compliance of project required prior to reimbursement;FHWA concurs that the early acquisition did not influence the environmental assessment of the project

In order to obtain and use federal funds in early acquisition, the following conditions must be met:The acquisition must be programmed and included as a project in the States transportation improvement program;The programmed project may consist of the acquisition of a specific parcel, a portion of a transportation corridor, or an entire corridor;In order to obtain FHWA authorization to proceed, the State must certify in writing that it has authority to acquire the real property interest under State law and that the acquisition:Is for a transportation purpose;Will not cause any significant adverse environmental impact;Will not limit the choice of reasonable alternatives;Does not prevent making an impartial decision on the choice of alternatives;Will be acquired by negotiation without threat of condemnation;Will not result in a reduction of benefits or assistance; A NEPA review of the early acquisition project must be completed and approved by FHWA;The early acquisition project will be treated as having independent utility; The early acquisition project shall not limit consideration of alternatives for future transportation improvements;Real property interests acquired for federally funded early acquisition projects may not be developed in anticipation of a project until all required environmental reviews for the project are completed;If federal funds are used in the early acquisition and some of the acquired real property interests are not incorporated into the project, FHWA will offset the participating amount against funds apportioned to the State. Summary of key pointsState may do early acquisition with its own funds; or,State may do early acquisition and use matching credits; orState may do early acquisition and seek federal reimbursement; or,State may program and FHWA may fund an early acquisition project.In all cases, these conditions must be met:Property interests are acquired per all applicable laws & regulations;Early acquisition cannot create significant environmental impacts;Early acquisition cannot prejudice the selection of the alternatives;Additional conditions apply to match and reimbursement.

56MAP-21 - EnvironmentalCategorical Exclusions CEs Two Types of CE defined in 23 CFR 771.117 under sections (c) and (d). Both sections have lists of qualifying categories of projects The two types defined in 23 CFR 771 and the ADOT/FHWA Operating Agreement(c) Undocumented CEsCalled Group One in Arizona (d) Documented CEs (Checklist). Called Group Two in Arizona57MAP-21 - Environmental Section 1316New Categorical Exclusions for projects within the right-of-wayAmends 771.117(c) by adding paragraph (22) Makes projects within the operational right-of-way of a transportation facility CEs (i.e. Group 1)Operational ROW defined as areas disturbed and maintained within the ROW (footprint)58MAP-21 Environmental Section 1317New Categorical Exclusions for projects with limited Federal assistanceAmends 771.117(c) by adding paragraph (23) Makes projects with limited Federal funds CEs (i.e. Group 1) under (c)$5 million or less total project cost with all Federal funds$30 million or less total project cost with no more than 15% Federal funds contribution59MAP-21 Environmental Section 1318New Categorical Exclusions added to the list of CE projects in 23 CFR 771Adds new CEs requested by State DOTs, MPOs and LPAsAlso, reclassifies three categories of actions currently under (d) to being listed under (c) (i.e. from Group 2 to Group 1) Modernization including shoulders and auxiliary lanesHighway safety & traffic operationalBridge reconstruction, rehabilitation & replacement and RR grade separations

60MAP-21 Environmental Sections 1316 - 1318Didnt all these new CEs become effective when MAP-21 was signed into law? No. Map-21 required the Secretary of Transportation to propose Federal Rulemaking (currently in process)Federal rulemaking must occur before CE designations pursuant to sections 1316, 1317 and 1318 become effective. This includes the publication of a proposed rule and the publication of a final rule after consideration of public comments on the proposed rule. The final rule will establish the date when the new CEs become effective.

61ADOT Environmental in Project DevelopmentThank You

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