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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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Welcome to theInternational Right of Way Association’s Course 606Project 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...


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


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





Module i overview of project development and environmental compliance process
Module IOverview of ProjectDevelopment and Environmental Compliance Process


Project development process
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


Environmental regulation review course 600
Environmental Regulation Review (Course 600)

Water resources

Wetlands regulations

Wildlife

Cultural resources

Air quality

Environmental contamination

National Environmental Policy Act (NEPA)


Environmental regulation review course 606
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)


Nepa and state eia laws
NEPA and State EIA Laws


Nepa overview 1
NEPA Overview State EIA Laws(1)

Directs all federal agenciesto consider environmental impacts in their decision making processes for federal proposed actions.


Nepa overview 2
NEPA Overview State EIA Laws(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”.


Agencies administering nepa
Agencies Administering NEPA State EIA Laws

Council on Environmental Quality (CEQ)

Environmental Protection Agency


What triggers nepa
What Triggers NEPA? State EIA Laws

Proposed actions that are:

• Directly carried out or funded by a federal agency.

• Financed or permitted by a federal agency.

• Connected actions.


Levels of nepa analysis
Levels of NEPA Analysis State EIA Laws

CEQ statistics indicate that 100 Easare prepared for every EIS.


Categorical exclusions
Categorical Exclusions State EIA Laws

  • 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.


Eas vs eiss
EAs vs. EISs State EIA Laws

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


Other nepa documents
Other NEPA Documents State EIA Laws


When is an impact significant
When is an Impact Significant? State EIA Laws

  • 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


Steps in eis analysis
Steps in EIS Analysis State EIA Laws


Lead vs cooperating agencies
Lead vs. Cooperating Agencies State EIA Laws

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


Nepa documentation
NEPA Documentation State EIA Laws

Administrative Draft EA/EIS

Public Draft EA/EIS

Final EA/EIS

FONSI/ROD


Other nepa provisions
Other NEPA Provisions State EIA Laws

Public involvement(mandatory and optional)

Coordination with state“mini-NEPAs”


State eia laws
State EIA Laws 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).


Nepa review
NEPA Review State EIA Laws



Endangered Species Act State EIA Laws(ESA)


Esa overview
ESA Overview State EIA Laws

  • 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)


Esa definitions
ESA Definitions State EIA Laws

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.


Major esa provisions
Major ESA Provisions State EIA Laws


Section 7 consultation
Section 7 Consultation State EIA Laws

  • 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.


Section 7 process
Section 7 Process State EIA Laws

  • 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.


Sections 9 and 10 take prohibition and authorization 1
Sections 9 and 10 – State EIA LawsTake Prohibition and Authorization (1)

  • Prohibits “take” of listed fish or wildlife species.

    • “Take” includes harassing, harming,injuring, pursuing, hunting, capturingor killing a species.


Sections 9 and 10 take prohibition and authorization 2
Sections 9 and 10 – State EIA LawsTake 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”.


Sections 9 and 10 take prohibition and authorization 3
Sections 9 and 10 – State EIA LawsTake Prohibition and Authorization (3)

  • Habitat conservation plans must accompany ITP and outline actions to minimize or mitigate effects of authorized incidental take.


Esa review
ESA Review State EIA Laws

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?


Wetland regulations clean water act section 404
Wetland Regulations State EIA LawsClean Water Act Section 404


Clean water act section 404 overview
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.


Jurisdictional waters
Jurisdictional Waters Overview

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.


Nationwide permits
Nationwide Permits Overview

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



Section 404 review
Section 404 Review Overview

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?


Quiz Overview

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.


Mitigation of wetland impacts
Mitigation of Wetland Impacts Overview

  • 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



Nhpa overview
NHPA Overview Overview

Established the National Register of Historic Places.

Created the Advisory Council on Historic Preservation.

Established the Section 106 review process.


National register of historic places
National Register Overviewof 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.


Section 106 review
Section 106 Review Overview

  • 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




Question
Question Overview

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?


Coordination with other cultural resource laws
Coordination with other OverviewCultural Resource Laws

National American Graves Protection and Repatriation Act (NAGPRA)

American Indian Religious Freedom Act (AIRFA)

Archaeological Resources Protection Act (ARPA)

Agency-specific legislation (e.g., Department of Transportation Act, Section 4(f))


Nhpa review
NHPA Review Overview

A transmission line is being planned through an area known to have archaeological resources and historic buildings.

What steps would you take to comply with the National Historic Preservation Act (NHPA), Section 106?


Department of transportation act section 4 f
Department of Transportation Act OverviewSection 4 (f)


4 f overview
4 (f) Overview Overview

Requires that transportation projects must avoid historic sites unless there is “no feasible and prudent alternative”.

Project plans must all possible options to avoid or minimize harm to property.


4 f applicability
4 (f) Applicability Overview

  • Applies to any land…

    • Permanently incorporated into a transportation facility.

    • That requires temporary occupancy during the project.

    • Where substantial impairment of the resource may occuras a result of the proposed project.

  • Projects receiving DOT funds must completea 4(f) evaluation

  • Evaluation to be included in NEPA documents



Develop permit inventory
Develop Permit Inventory Overview

  • Consider the nature of project activities and affected resources.

  • Include agency names, regulatory processes, key data and time frames.

    • Seek project alternatives that avoid or streamline permitting processes.


Develop permit strategy
Develop Permit Strategy Overview

  • Develop preliminary compliance approaches.

  • Coordinate permitting timelines.

  • Identify permitting requirements or otherfatal flaws.


Permit types
Permit Types Overview


Implement permit strategy
Implement Permit Strategy Overview

  • Use NEPA and local government permitting as the umbrella for permitting decisions.

  • Be proactive in the process

    • Pre-application consultation

    • Submit complete and accurate applications

    • Document key permitting meetings and decisions



Module ii integrating environmental compliance into project development
Module II OverviewIntegrating Environmental Compliance into Project Development


Project development process1
Project Development Process Overview

  • Project Conceptualization

  • Constraints Analysis and Siting

  • Project Planning and Preliminary Design

  • Project Decision, Detailed Design and ROW Acquisition

  • Construction

  • Operations and Maintenance


Schedule 21
Schedule Overview(2)



Identify purpose of and need for action
Identify Purpose of Overviewand Need for Action

  • Statement should consider:

    • Proponent’s purpose and need.

    • Potential NEPA lead agency’s purpose and need.


Develop conceptual proposed action
Develop Conceptual OverviewProposed Action

  • • Internal evaluation phase.

  • • Identify technical and engineering aspects of project.

  • • Compile list of required materials to develop action

    • - Text, tables, figures, GIS information- Budget, priority level, potential timeframe


Integrate factors into engineering plans
Integrate Factors into OverviewEngineering Plans

  • • Pre-NEPA process.

  • • Preliminary assessment

    • Environmental engineering

    • Permitting and compliance evaluations

    • Mitigation opportunities

    • Potential siting options

  • • Identify potential environmental red flags.


Conduct preliminary alternatives analysis
Conduct Preliminary OverviewAlternatives Analysis

• Pre-NEPA process.

• Internal evaluation of project components and alternatives.

• Develop “options”.


Identify likely fields of study
Identify Likely Fields of Study Overview

• Identify likely field studies that will address potential environmental and natural resource issues.

• Potential field studies should be incorporated into schedules and budget.

• Delays in field studies can delay NEPA and permitting processes.


Role of right of way professional
Role of Right of Way Professional Overview

  • Support for project conceptualization.

  • Identification of potentially affected land uses and ownership for various project options.

  • Preliminary identification of environmental issues and red flags.

  • ROW planning and strategies.

  • Support for environmental permit strategies.


Case study project conceptualization
Case Study: OverviewProject Conceptualization

  • Please read the Project Conceptualization in the case study and discuss with your small group.Be ready to report to the entire class, thefollowing project elements.

  • A brief description of the project.

  • Project purpose and need.

  • Potential environmental red flags.

  • Possible field studies that may be required in the future.


Case study project conceptualization1
Case Study: OverviewProject Conceptualization


Project development process2
Project Development Process Overview

  • Project Conceptualization

  • Constraints Analysis and Siting

  • Project Planning and Preliminary Design

  • Project Decision, Detailed Design and ROW Acquisition

  • Construction

  • Operations and Maintenance



Assess land ownership and uses
Assess Land Ownership and Uses Overview

  • Public and private landowners may be affected by proposed action.

  • Existing and planned future land uses should be evaluated along proposed project route.

  • Important for subsequent land acquisition needs and costs, adjacent land use compatibility, plans, and access.


Develop environmental permit strategy
Develop Environmental Permit Strategy Overview

  • Develop comprehensive permit strategy.

  • If necessary, hold pre-permit meetings to discuss special circumstances or uncertainties about specific permits or approval.

  • Initiate plans to coordinate permit acquisition efforts with the NEPA process.

  • Develop formal permit and approval tracking system.


Assess available information
Assess Available Information Overview

  • Determine study area boundaries.

  • Access and evaluate existing study area data

    • - Real estate public records

    • - NEPA documents

    • - Existing GIS files


Initiate field studies
Initiate Field Studies Overview

  • Revisit field studies that were identified in project conceptualization phase.

  • If necessary for process timeline, initiate field studies.

  • Results may reveal new constraints or restrictions on a specific project plan or location.


Develop public involvement plan
Develop Public Involvement Plan Overview

  • Identify key stakeholders (individuals and groups).

  • Develop pre-NEPA public involvement plan

    • - Identify issues that may affect public perception of proposed project

    • - Assess internal options for alleviating or mitigating negative perceptions


Develop project schedule
Develop Project Schedule Overview

  • Master schedule

    • - Timeline- Project steps and processes

    • - Milestones

  • Include environmental processes

    • - Permitting

    • - NEPA

    • - Public involvement

  • Develop critical path for the project


Role of right of way professional1
Role of Right of Way Professional Overview

  • Constraints Analysis and Siting

  • Land values and acquisition costs

  • Potential for easements and other land use options

  • Potential intersections with other linear projects


Case study constraints analysis and siting
Case Study: OverviewConstraints Analysis and Siting

- Please read the Constraints Analysis and Siting in the case study and discuss with your small group. Be ready to report to the entire class, the following project elements.

- Think about…

Possible land ownership and use constraints.

Which permitting agencies will need to be involved in the process.


Case study constraints analysis and siting1
Case Study: OverviewConstraints Analysisand Siting


Project development process3
Project Development Process Overview

• Project Conceptualization

• Constraints Analysis and Siting

• Project Planning and Preliminary Design

• Project Decision, Detailed Design and ROW Acquisition

• Construction

• Operations and Maintenance


Project planning and preliminary design
Project Planning and OverviewPreliminary Design


Refine proposed action
Refine Proposed Action Overview

  • Review overall project feasibility.

  • Determine “scope” of proposed action that will be used in NEPA analysis.

  • Should act as a proposal for the lead NEPA and other regulatory agencies to authorize, recommend or implement an action to address a clear purpose and need.


Develop reasonable range of alternatives
Develop Reasonable Range Overviewof Alternatives

  • Identify alternative ways of reaching the project purpose.

  • May include alternate location, scope, components, design features and construction/ operations plans.

  • Provide alternatives analysis that explains why each option was considered or rejected.


Initiate the nepa process
Initiate the NEPA Process Overview

  • Initiated upon formal submittal of refined proposed action to lead NEPA agency.

    • - Agency will determine level of analysis required.

    • - Agency will organize and implement plan for carrying out NEPA responsibilities .


Implement public involvement plan
Implement Public Involvement Plan Overview

  • Lead agency implements public involvement plan.

  • Should be integrated with proponent’s public involvement plan (if one exists).


Permitting
Permitting Overview

  • Refine environmental permit strategy and initiate pre-permit meetings.

  • Initiate or continue communication with regulatory agencies.

  • Submit formal permit applications if adequate design information is available.


Role of right of way professional2
Role of Right of Way Professional Overview

  • Project Planning and Preliminary Design

  • Maintain communication with potentially affected landowners, proponent, and regulatory agencies.

  • Ensure that proponent’s plans are properly communicated to interested parties.


Case study project planning and preliminary design
Case Study: OverviewProject Planning and Preliminary Design

Please read the Project Planning and Preliminary Design in the case study and discuss with your small group. Be ready to report to the entire class, the following project elements.

Think about…

- Reasonable alternatives

- Issues will require attention from the right of way team


Case study project planning and preliminary design1
Case Study: OverviewProject Planning andPreliminary Design


Complete nepa and permit acquisition process
Complete NEPA and Permit Acquisition Process Overview

  • Two processes should achieve coordinated results

  • NEPA document should include:

    • - Environmental commitments

    • - Operating procedures

    • - BMPs and mitigation measures

    • Construction and operations plans

    • Related contingency plans


Project development process4
Project Development Process Overview

• Project Conceptualization

• Constraints Analysis and Siting

• Project Planning and Preliminary Design

• Project Decision, Detailed Design and ROW Acquisition

• Construction

• Operations and Maintenance


Project decision detailed design and right of way acquisition
Project Decision, Detailed Design, Overviewand Right of Way Acquisition


Nepa process completion
NEPA Process Completion Overview

IMPORTANT!

The NEPA process and other regulatory processes should be completed priorto detailed design and right of way acquisition.


Develop adaptive management program
Develop Adaptive Management Program Overview

  • Purpose is to improve impact mitigation.

  • Plan outlines ways to adjust actions whenthe level of impacts or effectiveness of mitigation measures is highly uncertain


Acquire right of way
Acquire Right of Way Overview

  • Right of way acquisition approval allows agency to establish compensation to and grant authority for specific persons to negotiate.

  • Land acquisition plan is developed to

    • - Track schedules

    • - Develop cost estimates

    • - Coordinate project alignment variations and adjustments

    • - Define construction procedures and limits


Develop detailed construction plan
Develop Detailed Construction Plan Overview

  • • All environmental commitments from NEPA and permitting processes must be captured in the construction plan and bid documents.

  • • Plan should include:

    • - Preconstruction inspections

    • - Site preparation

    • - Mobilization

    • - Groundbreaking


Obtain necessary row clearance certifications
Obtain Necessary ROW OverviewClearance Certifications

  • Payments negotiated and paid to affected property owners.

  • Land or rights to land acquired (and vacated if necessary).

  • Right of way staff can issues clearance certificate(s).


Role of right of way professional3
Role of Right of Way Professional Overview

  • Title searches and certification of title

  • Appraisals

  • Relocation assistance

  • Acquisitions

  • Condemnation support

  • Property management

  • Community involvement

  • Project notifications


Case study project decision detailed design and right of way acquisition
Case Study: OverviewProject Decision,Detailed Design, and Right of Way Acquisition

Please read the Project Decision, Detailed Design, and Rightof Way Acquisition in the case study and discuss with your small group. Be ready to report to the entire class, the following project elements.

Think about…

- Best management practices or environmental commitments that might apply to the construction right of way

- Methods to monitor these commitments


Case study project decision detailed design and row acquisition
Case Study: OverviewProject Decision, Detailed Design, and ROW Acquisition


Project development process5
Project Development Process Overview

• Project Conceptualization

• Constraints Analysis and Siting

• Project Planning and Preliminary Design

• Project Decision, Detailed Design and ROW Acquisition

• Construction

• Operations and Maintenance


Construction
Construction Overview


Construction plans
Construction Plans Overview

  • On-site environmental and ROW personnel should be present during construction phase to monitor compliance with environmental commitments.

  • Responsibilities may include:

  • - Schedule

    • - Staging

    • - Permit compliance

    • - Spoil (waste) sites

    • - Detours / construction routes

    • - Access maintenance

    • - Traffic control

    • - Project restoration activities


Inspection and monitoring activities
Inspection and Monitoring Activities Overview

  • Ensure that project is being built as designed and in accordance with change orders.

  • Coordinate activities with abutting property owners and occupants.

  • Monitor construction workforce activities around previously identified impact or environmentally sensitive areas.


Anticipate and respond to changes during construction
Anticipate and Respond to OverviewChanges during Construction

  • NEPA documents, permit conditions, and construction plans should be written to anticipate and provide coverage for unforeseen changes

  • Change may require:

    • - Noting change in monitoring report

    • - Notifying lead agency or permitting agencies

    • - Implementing contingency plans

    • - Reopening NEPA and permit process


Role of right of way professional4
Role of Right of Way Professional Overview

  • Construction

  • Maintain communication between public, proponent, landowners, and lead agency

  • Maintain up to date knowledge on:

    • - Project needs and justification

    • - Route selection process

    • - Environmental impacts and mitigation measures

    • - Land ownership and use considerations

    • - Facility design and procedures

    • - Construction methods

    • - Damage claim and settlement procedures

    • - Health and safety issues


Case study construction
Case Study: OverviewConstruction

Please read the Construction in the case study and discuss with your small group. Be ready to report tothe entire class, the following project elements.

Think about…

- Best management practices to prevent project delays or cost overruns

- Ways to minimize project delays or cost overruns if they should occur


Case study construction1
Case Study: OverviewConstruction


Project development process6
Project Development Process Overview

• Project Conceptualization

• Constraints Analysis and Siting

• Project Planning and Preliminary Design

• Project Decision, Detailed Design and ROW Acquisition

• Construction

• Operations and Maintenance



Maintain and monitor environmental compliance requirements
Maintain and Monitor Environmental Compliance Requirements Overview

Inspection, monitoring, compliance, resource management

Life of the project commitment


Implement an adaptive management plan
Implement an Adaptive OverviewManagement Plan

If applicable, implement plan during project operations

Ensure that activities are achieving performance standards and make adjustments, if necessary


Staff involvement and changes
Staff Involvement and Changes Overview

  • Ensure that activities are achieving performance standards

  • Activities include:

    • - Vegetation management and monitoring

    • - Slope stabilization

    • - Debris removal and waste management

    • - Permit license reporting and renewals

    • - Storm water management

    • - Noise control

    • - Maintenance of restored/created habitats

    • - Emergency repairs/response


Role of right of way professional5
Role of Right of Way Professional Overview

  • Operations and Maintenance

  • Assist with maintenance and monitoring of proponents environmental responsibilities and commitments

  • May include:

    • - Encroachment monitoring

    • - Public awareness programs

    • - Property management programs


Case study operations and maintenance
Case Study: OverviewOperations and Maintenance

  • Please read the Operations and Maintenance in the case study and discuss with your small group. Be ready to report to the entire class, the following project elements.

  • Think about…

    • - Responsibilities a right of way professional can undertake to ensure that environmental commitments are met


Case study operations and maintenance1
Case Study:: OverviewOperations andMaintenance


Objectives 1 now you are able to
Objectives Overview(1)Now, you are able to...


Objectives 2 now you are able to
Objectives Overview(2)Now, you are able to...


Thank you Overview

606-PT – Revision 5 – 09.15.10.USA


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