Locally Administered Federal-Aid Project Initiation Workshop

Prospectus Part 3 and NEPA Requirements

Presenter: Howard Postovit; ODOT Region 5 Region Environmental Coordinator

Date: 14 November 2013

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FHWA Federal-Aid Essentials for FHWA Federal-Aid Essentials for Local Transportation Projects:Local Transportation Projects:

A Primer for NEPA and 4(f) Process A Primer for NEPA and 4(f) Process RequirementsRequirements

National Environmental Policy ActNational Environmental Policy Act

NEPA Overview—Compliance required for NEPA Overview—Compliance required for all Federal Aid projects; EIS, EA, CEall Federal Aid projects; EIS, EA, CE

NEPA CE Process & DocumentationNEPA CE Process & Documentation((click to watch))

PROJECT SCOPE

COMMUNICATION

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COORDINATION

Project Scope

Communication 4

Completing the Prospectus Part 3An ODOT Environmental Scoping Document

Discuss Project Scope: All Project Elements that Could Impact the Environment

•The Part 3 is typically prepared by the Region Environmental Coordinator.

•The Part 3 can be written by consultants but will require ODOT review.

•What is the project?

•Where is the project located?

•Will the project include staging? Borrow sites? Fill sites? Detour routes?

•How long will the project be under construction? Will it be phased?

•What time/s of year are you wanting to construct your project?

•Are any project elements likely to change in development or construction?

•What are the project unknowns? Risks (e.g. HazMat)?

Coordination

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Completing the Prospectus Part 3Project Scoping for Environmental Resources

Potential for Environmental Impacts—Data Research and Site Visit Scoping•What natural and cultural resources exist in or adjacent to your project?

•What are the potential impacts to those resources based on the full project scope as previously determined and discussed?

•Will impacts need to be mitigated?

•What are the documentation requirements for each applicable resource law or policy or programmatic agreement?

•Compatibility with land use designations.

•Are there still any remaining project unknowns? Risks?

FHWA does not sign the Part 3, but want it included with the CE or PCE Closeout.

Coordination

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NEPA RequirementsStudies and Documentation as Outlined in the Part 3

Technical Studies and Consultation with Resource Agencies

•Technical studies and reports are completed by qualified specialists.

• ODOT certification requirements for ESA and Arch/Historic.

•Coordination with the resource agencies can be delegated.

•Submitting documents to regulators should be coordinated with ODOT and may need to go through ODOT.

Coordination

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NEPA RequirementsNext Steps after Part 3 Completion

Obtaining Environmental Clearances, Approvals, and Permits During Project Development (prior to PS&E)• ODOT’s Role

• Local Agency’s Role

• Consultant’s Role

• FHWA’s Role

Coordination

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NEPA Requirements

Tribal Consultation and Public Involvement•Coordination/consultation with the Tribes will be completed by FHWA/ODOT.

•TRIBAL COORDINATION CAN NOT BE DELEGATED.

•Public needs to be engaged at some level for all projects.

•Can occur in various forums.

•The Region 5 LAL (Mike Barry) and Region Environmental Coordinator (REC) for the Local Program (Howard Postovit) are here to help you and your consultants navigate NEPA.

Coordination

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NEPA Approval The CE or PCE Closeout

FHWA requires a CE or PCE Closeout to demonstrate completion of NEPA

• CE vs. PCE

•Can be completed by REC or Consultant

• Documentation needed for all Closeouts• Endangered Species Act compliance. •National Historic Preservation Act (Section 106) compliance for archaeological and historic resources.• Tribal Coordination Record.• Record of Public Involvement.

Coordination

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NEPA Completion and Starting ROW

Because FHWA considers ROW authorization as a commitment of Construction Dollars, NEPA must be completed prior to many ROW tasks.

• Can affect project timelines

Coordination

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Meeting Environmental Commitments

•Include Environmental Commitments made during project delivery in contract plans and specs.

•Construction Monitoring to ensure commitments made in the NEPA phase are implemented correctly.

•Post-Construction Monitoring if applicable per environmental permits, can extend for multiple years.

Coordination

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4(f)•Section 4(f) of the Department of Transportation Act of 1966

•Affords protection to:•Publicly owned parks & recreation areas•Waterfowl and wildlife refuges, &•Historic sites considered to be of national, state, or local significance.

•De Minimis, Programmatic, Individual 4(f) Evaluations•Requires Alternatives Analysis•Have to demonstrate that selected alternative is only “Reasonable and Prudent Alternative”

•Cost can be a factor if it is of: “Extraordinary Magnitude”•Will Require mitigation formalized in a MOA

PROJECT SCOPE

COMMUNICATION

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COORDINATION

Questions?

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Resources

• Region 5 Local Agency Liaison:Mike Barry541-963-1353mailto:Michael.P.Barry@ODOT.state.or.us

•Region 5 REC for Local Program:Howard Postovit541-963-1343mailto:Howard.Postovit@ODOT.state.or.us

•FHWA

•NEPA guidance (video homepage) Link

•4(f) guidance (video homepage) Link

• ODOT NEPA guidance (LAG manual, chapter 5B)

• Handout—ODOT Roadmap for Navigating Environmental Processes