1 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

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Welcome to the International 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...

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

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

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Housekeeping

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Schedule (1)

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MODULE I – Morning Session

8:00 – 8:30 Introductions, Etc.

8:30 – 8:45 Overview of Project Development and Environmental Process

8:45 – 9:45 National Environmental Policy Act (NEPA)

BREAK

10:00 – 11:15

Other Environmental Legislation

11:15 – 11:30

Comprehensive Environmental Permit Strategies

11:30 -12:00 Review and Introduction to Case Studies

Schedule (2)

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MODULE II - Afternoon Session

1:00 – 1:40 Project Conceptualization

1:40 – 2:20 Constraints Analysis and Siting

2:20 – 2:50 Project Planning and Preliminary Design

BREAK

3:00 – 3:30 Project Decision, Detailed Design and Right of Way Acquisition

3:30 – 3:50 Construction

3:50 – 4:10 Operations and Maintenance

4:10 – 4:30 Review

4:30 – 5:00 Exam

Module I

Overview of ProjectDevelopment and Environmental

Compliance Process

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Project Development Process

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• 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)

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Water resourcesWetlands regulationsWildlifeCultural resourcesAir qualityEnvironmental contaminationNational Environmental Policy Act (NEPA)

Environmental Regulation Review (Course 606)

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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

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NEPA Overview (1)

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Directs all federal agenciesto consider environmental impacts in their

decision making processes for federal proposed actions.

NEPA Overview (2)

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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

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Council on Environmental Quality (CEQ)

Environmental Protection Agency

What Triggers NEPA?

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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

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CEQ statistics indicate that 100 Easare prepared for every EIS.

Categorical Exclusions

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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 proposal

that may have significant environmental effects.Action is not connected to any other actions

that may have significant impacts.

EAs vs. EISs

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Environmental Assessments (EAs)

Environmental Assessments (EAs)

Environmental Impact Statements (EISs)

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

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When is an Impact Significant?

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CEQ regulations: context and intensityFactors 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

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Lead vs. Cooperating Agencies

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Lead AgencyLead AgencyLead 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)

Cooperating AgencyCooperating Agency• 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

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Administrative Draft EA/EISPublic Draft EA/EIS

Final EA/EISFONSI/ROD

Other NEPA Provisions

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Public involvement(mandatory and optional)

Coordination with state“mini-NEPAs”

State EIA Laws

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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

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Proposed ActionNEPA Document / Analysis Required

Small construction, restoration, or rehabilitation project.

Maintenance of an existing pipeline.

Issuance of a CWA Section 404 permit for a pipeline river

crossing.

Installation of a new pipeline in a new ROW.

Construction of a new highway.

Other Environmental Regulations

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Endangered Species Act(ESA)

ESA Overview

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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

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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

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Section 7 Consultation

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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

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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)

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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)

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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)

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

ESA Review

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Assume that a proposed new federally funded highway project may affect a listed endangered species.

What steps will you needto take to comply withthe ESA?

Wetland RegulationsClean Water Act

Section 404

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Clean Water Act Section 404 Overview

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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

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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

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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

Individual Permit Process

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Section 404 Review

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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

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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

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National goal of no net loss of wetlands function and value is applied to each

permit decision.

Mitigation and monitoring plan should include:Goals/objectivesSite designSuccess criteriaLong term monitoring requirementsMaintenance activities

National Historic Preservation Act (NHPA)

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NHPA Overview

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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

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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

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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

Section 106 Review Process (1)

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Section 106 Review Process (2)

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Question

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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 otherCultural Resource Laws

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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

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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 ActSection 4 (f)

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4 (f) Overview

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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

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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

Comprehensive Environmental Permit

Strategies

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Develop Permit Inventory

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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

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Develop preliminary compliance approaches.

Coordinate permitting timelines.

Identify permitting requirements or otherfatal flaws.

Permit Types

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Implement Permit Strategy

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

Be proactive in the processPre-application consultationSubmit complete and accurate applicationsDocument key permitting meetings and decisions

Review and Recap

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Module II

Integrating Environmental Compliance into Project

Development

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

Schedule (2)

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MODULE II - Afternoon Session

1:00 – 1:40 Project Conceptualization

1:40 – 2:20 Constraints Analysis and Siting

2:20 – 2:50 Project Planning and Preliminary Design

BREAK

3:00 – 3:30 Project Decision, Detailed Design and Rightof Way Acquisition

3:30 – 3:50 Construction

3:50 – 4:10 Operations and Maintenance

4:10 – 4:30 Review

4:30 – 5:00 Exam

Project Conceptualization

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Identify Purpose of and Need for Action

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Statement should consider:Proponent’s purpose and need.

Potential NEPA lead agency’s purpose and need.

Develop ConceptualProposed Action

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• 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 intoEngineering Plans

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• Pre-NEPA process.

• Preliminary assessmentEnvironmental engineeringPermitting and compliance evaluationsMitigation opportunitiesPotential siting options

• Identify potential environmental red flags.

Conduct PreliminaryAlternatives Analysis

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• Pre-NEPA process.

• Internal evaluation of project components and alternatives.

• Develop “options”.

Identify Likely Fields of Study

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• 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

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• 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

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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 Conceptualization

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• Construction


Constraint Analysis and Siting

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Assess Land Ownership and Uses

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• 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

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• 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

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• Determine study area boundaries.

• Access and evaluate existing study area data

- Real estate public records- NEPA documents- Existing GIS files

Initiate Field Studies

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• 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

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• 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

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• Master schedule- Timeline- Project steps and processes

- Milestones

• Include environmental processes- Permitting

- NEPA

- Public involvement

• Develop critical path for the project


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• 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

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- 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 Analysisand Siting

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• Construction


Project Planning andPreliminary Design

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Refine Proposed Action

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• 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 Rangeof Alternatives

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• 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

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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

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• Lead agency implements public involvement plan.

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

Permitting

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• 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.


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• 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

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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 andPreliminary Design

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Complete NEPA and Permit Acquisition Process

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• 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


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• Construction


Project Decision, Detailed Design,and Right of Way Acquisition

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NEPA Process Completion

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IMPORTANT!

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

acquisition.

Develop Adaptive Management Program

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• 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

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• 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

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• 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 ROWClearance Certifications

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• 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).


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• 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

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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

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• Construction


Construction

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Construction Plans

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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

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• 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

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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


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• 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

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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:Construction

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• Construction


Operations and Maintenance

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Maintain and Monitor Environmental Compliance Requirements

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Inspection, monitoring, compliance, resource management

Life of the project commitment

Implement an AdaptiveManagement Plan

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If applicable, implement plan during project operations

Ensure that activities are achieving performance standards and make

adjustments, if necessary

Staff Involvement and Changes

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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


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• 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

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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 andMaintenance

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

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

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Thank you

606-PT – Revision 5 – 09.15.10.USA