Environmental Impact Analysis

1. Environmental Impact Analysis Reading Assignment: Environmental Assessments: A How-To Manual Prepared For: Iowa Department of Transportation Prepared By: Earth Tech http://www.ctre.iastate.edu/educweb/ce453/eis/_Start%20Here.pdf (26 pages) CE 453 Lecture 9

2. National Environmental Policy Act of 1969 (NEPA) • Sets national environmental policy • Establishes basis for environmental impact statement (EIS) • Created Council on Environmental Quality Chief reference for this lecture: http://www.environment.fhwa.dot.gov/projdev/index.asp

3. CEQ • NEPA created the Council on Environmental Quality (CEQ), an office within the White House • Functions: • develop environmental policies • monitor environmental quality • prepare annual environmental quality report • monitor Federal actions. http://www.epa.gov/indicators/roe/html/roeAir.htm

6. NEPA requires … • Include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on -- • (i) The environmental impact of the proposed action • (ii) Any adverse environmental effects which cannot be avoided should the proposal be implemented, • (iii) Alternatives to the proposed action, • (iv) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and • (v) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

7. NEPA calls for an examination and consideration of impacts of the proposed action on sensitive resources: • Floodplains, • Historic and archeo- logical sites • Wetlands • Endangered species • Parklands • Air quality • Wildlife habitat • etc. Peregrine Falcon http://endangered.fws.gov/media/spotlight.html

8. NEPA potential outcomes • CE - Categorical Exclusion • From previous experience will not have env. impact • Study not needed • EA – Environmental Assessment • Done if no significant impact is expected • An investigative tool • ~15 pages • Usually results in FONSI (Finding of No Significant Impact) • EIS - Environmental Impact Statement • Requires more work than an EA • Full disclosure (specified by code) • Requires record of decision to proceed • Can skip EA and do EIS

9. Significance • Level of reporting depends on significance of proposed project • CEQ regulations (40 CFR 1508.27) require consideration of context and intensity. • Context: • Society as a whole, the affected region, or locality. • Both short and long term effects are relevant.

10. Context • Filling one acre of a one hundred-acre wetland probably could be considered not significant • Filling one acre of a two-acre wetland may be considered, under certain circumstances, a significant impact • Same intensity, different context

11. Intensity (1) impacts that may be both beneficial and adverse; (2) the degree to which the proposed action affects public health or safety; (3) unique characteristics of the geographical area; (4) the degree to which the effects on the quality of the human environment are likely to be highly controversial http://endangered.fws.gov/media/spotlight.html

12. Intensity (5) the degree to which the possible effects on the human environment are highly uncertain or involve unique or unknown risks; (6) the degree to which the action may establish a precedent for future actions with significant effects; (7) whether the action is related to other actions with individually insignificant but cumulatively significant impacts;

13. Intensity (8) the degree to which the action may adversely affect resources listed in or eligible for listing in the National Register of Historic Places (9) the degree to which the action may adversely affect an endangered or threatened species or its habitat; (10) whether the action threatens a violation of Federal, State, or local law or requirements imposed for the protection of the environment.

14. Categorical Exclusions

15. Categorical Exclusions Actions that do not individually or cumulatively have significant social, economic, or environmental effect http://endangered.fws.gov/media/spotlight.html

16. Always: Studies, administration, etc. utility installations along or across a transportation facility bicycle and pedestrian lanes, paths, and facilities. Activities included in the State's highway safety plan noise barriers or alterations for noise reduction Landscaping fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices Emergency repairs Acquisition of scenic easements Improvements to existing rest areas and truck weigh stations. Alterations for accessibility Track and railbed maintenance With approval: Resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (e.g., parking, weaving, turning, climbing). Highway safety or traffic operations improvement projects including the installation of ramp metering control devices and lighting. Bridge rehabilitation grade separation to replace existing at-grade railroad crossings. Transportation corridor fringe parking facilities. New truck weigh stations or rest areas. changes in access control. Rail and bus storage facilities if consistent with zoning bus transfer facilities CE Projects (per 23 CFR 771.117c)

17. Environmental Assessment

18. Environmental Assessment • Prepared when there is uncertainty as to significance of project • Only discusses in detail areas where there is potential for significant impact • No specific format but should include: • Project description • Project need • Alternatives considered • Impacts • Comments and coordination

19. Cover Sheet Table of Contents Description of the Proposed Action Project History Project Purpose and Need Alternatives Project Impacts Socioeconomic Impacts Air Quality and Noise Impacts Threatened and Endangered Species Natural Areas and Wildlife Habitat Wetlands Woodlands Water Quality Parks and Recreational Facilities Cultural Resources Hazardous Waste River and Flood Plain Crossings Other Potential Impacts Comparison of Alternatives Disposition Comments and Coordination Appendices Example EA Contents

20. Environmental Assessment • Must be made available for public inspection and comment • If it is determined that there is no significant impact associated with the project, a Finding of No Significant Impact (FONSI) is prepared • If a significant impact is identified, an EIS must be prepared

21. Environmental Impact Statement (EIS) • Required when proposed action has significant impact on environment • < 5% of FHWA projects involve EIS • Reports require several major sections Piping Plover http://endangered.fws.gov/media/spotlight.html

22. Sections for EIS • Project purpose and need • Alternatives • Affected Environment Section • Environmental consequences • Comments and Coordination section • List of Preparers

23. Following slides are useful for EA or EIS …

24. Project Purpose Section • Clearly states need for project • Supports need for project • Why is agency proposing to spend large amounts of taxpayer $ while also causing significant environmental impacts • Explains why project is necessary and worthwhile • Justifies why impacts are acceptable based on project’s importance

25. Project Purpose Section • Capacity - Is the capacity of the present facility inadequate for the present traffic? Projected traffic? What capacity is needed? What is(are) the level(s) of service for existing and proposed facilities? • System Linkage - Is the proposed project a "connecting link?" How does it fit in the transportation system? • Transportation Demand - Including relationship to any statewide plan or adopted urban transportation plan together with an explanation of the project's traffic forecasts that are substantially different from those estimates from the 23 U.S.C. 134 (Section 134) planning process. • Legislation- Is there a Federal, State, or local governmental mandate for the action?

26. Project Purpose Section • Social Demands or Economic Development - New employment, schools, land use plans, recreation, etc. What projected economic development/land use changes indicate the need to improve or add to the highway capacity? • Modal Interrelationships - How will the proposed facility interface with and serve to complement airports, rail and port facilities, mass transit services, etc.? • Safety- Is the proposed project necessary to correct an existing or potential safety hazard? Is the existing accident rate excessively high? Why? How will the proposed project improve it? • Roadway Deficiencies - Is the proposed project necessary to correct existing roadway deficiencies (e.g., substandard geometrics, load limits on structures, inadequate cross-section, or high maintenance costs)? How will the proposed project improve it?

27. Alternatives • Describes reasonable alternatives • Discusses how they were selected • Proves clear basis for choosing among the options • Should explain alternatives that were rejected early in the process because they were found to be unreasonable • Alternatives must comply with requirements of 23 CFR 771.11(f) • Projects must connect logical termini • Have independent utility • Not restrict consideration of future transportation alternatives

28. Alternatives • All reasonable alternatives should be discussed at comparable level of detail • No requirement for “preferred” alternative at this stage • But if one has been selected, this must be stated • No-build must always be included • May be a reasonable alternative • Serves as a benchmark against which the impacts of other projects can be compared • Include appropriate mitigation measures

29. Alternatives • Transportation system management (TSM) must be included as an alternative or design option when applicable • HOV lanes • Ridesharing • Signal coordination • etc • Graphics should be included to show project area Meads Milkweed http://endangered.fws.gov/media/spotlight.html

30. Alternatives Should give clear indication of WHY particular range of alternatives was developed, through what process, and with what public and agency input

31. Affected Environment Section • Enough description to understand the area and impact of alternative • Should discuss, commensurate with importance of project, existing social, economic, and environmental setting • Should identify environmentally sensitive features • Effective with graphics or images

32. Mainly for EIS … Environmental consequences • Describes impact of of alternatives to the affected environment • Documents methodologies to evaluate • Forms basis for comparison of alternatives • Should provide enough information to quantify the impact • All alternatives cross streams but one may cross more than others • Is one stream more sensitive than another? • Discuss both impacts and mitigation • Mitigation must be considered for all impacts regardless of significance

33. Section 4f - Special Documentation • Section 4f – acquisition of publicly owned or used public parks public recreational area public wildlife refuge historic site (not all are 4f, only NRHP) • Most stringent law (except Endangered Species) • Avoidance alternative must be selected even if not preferred • Only applies to agencies under DOT

34. Effects • Assessment of impacts should include direct and indirect effects, as well as evaluation of what cumulative effects might occur due to other actions • Direct effects: caused by action and occur at the same time and place • Indirect Effects: caused by action but occur later in time or at a distance from the project but are reasonably foreseeable • Induce growth • Changes in land use patterns • Related effects on air, water or other natural systems, including ecosystems

35. Mitigation • Chief consideration in developing transportation projects is to reduce adverse impacts to the environment • Mitigation must be considered for all impacts, whether or not the impacts are significant • All reasonable mitigation measures that could improve the project are to be identified and included

36. Mitigation • The CEQ regulations define mitigation to include: • Avoiding the impact altogether by not taking a certain action or parts of an action. • Minimizing impacts by limiting the degree or magnitude of the action and its implementation. • Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. More …

37. Mitigation • Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. • Compensating for the impact by replacing or providing substitute resources or environments.

40. Comments and Coordination • Scoping process • Results of any meetings • Comments received during preliminary coordination

41. List of preparers • Lists those primarily responsible for preparing the EIS or background papers • Individual’s name and qualifications

42. Environmental Justice • Neither minority nor low-income populations may receive disproportionately high and adverse impacts as a result of a proposed project • Representatives of any low-income or minority populations that could be affected shall be given the opportunity to be included in the impact assessment and public involvement process.

43. Instructions and sample report for class, located at http://www.ctre.iastate.edu/educweb/ce453/eis/

44. Appendix CN.W. 86TH STREET CORRIDORIOWA 141 TO N.W. BEAVER DRIVEPOLK COUNTY, IOWAENVIRONMENTAL ASSESSMENTSubmitted Pursuant to 42 USC 4332(2)(c)