Transcript Welcome to the International Right of Way Association’s

Welcome to the
International Right of Way
Association’s
Course 606
Project Development and the
Environmental Process
1
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...
2
Objectives (1)
After completing this course, you will be able to...
3
Objectives (2)
After completing this course, you will be able to...
4
Housekeeping
5
Schedule (1)
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
6
Schedule (2)
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
7
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 Project
Development and Environmental
Compliance Process
8
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
9
Environmental Regulation
Review (Course 600)
Water resources
Wetlands regulations
Wildlife
Cultural resources
Air quality
Environmental contamination
National Environmental Policy Act (NEPA)
10
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)
11
NEPA
and
State EIA Laws
12
NEPA Overview (1)
Directs all federal agencies
to consider environmental impacts in their
decision making processes for federal
proposed actions.
13
NEPA Overview (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”.
14
Agencies Administering NEPA
Council on Environmental
Quality (CEQ)
Environmental Protection
Agency
15
What Triggers NEPA?
Proposed actions that are:
• Directly carried out or funded
by a federal agency.
• Financed or permitted by a
federal agency.
• Connected actions.
16
Levels of NEPA Analysis
17
CEQ statistics indicate that 100 Eas
are prepared for every EIS.
Categorical Exclusions
Categories of actions that do not individually
or 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.
18
EAs vs. EISs
19
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
20
When is an Impact Significant?
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
21
Steps in EIS Analysis
22
Lead vs. Cooperating Agencies
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.
• 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
Source: CEQ NEPA regs Section 1501.5(c)
23
– CEQ has issued detailed lead
agency guidance
NEPA Documentation
Administrative Draft EA/EIS
Public Draft EA/EIS
Final EA/EIS
FONSI/ROD
24
Other NEPA Provisions
Public involvement
(mandatory and optional)
Coordination with state
“mini-NEPAs”
25
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).
26
NEPA Review
Proposed Action
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.
27
NEPA Document /
Analysis Required
Other Environmental
Regulations
28
Endangered Species Act
(ESA)
29
ESA Overview
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)
30
ESA Definitions
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.
31
Major ESA Provisions
32
Section 7 Consultation
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.
33
Federal actions may include funding,
permits, leases and other entitlements,
and direct federal actions.
Section 7 Process
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.
34
Sections 9 and 10 –
Take Prohibition and Authorization (1)
Prohibits “take” of listed fish or wildlife species.
“Take” includes harassing, harming,
injuring, pursuing, hunting, capturing
or killing a species.
35
Sections 9 and 10 –
Take 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”.
36
Sections 9 and 10 –
Take Prohibition and Authorization (3)
Habitat conservation plans must
accompany ITP and outline actions to
minimize or mitigate effects of authorized
incidental take.
37
ESA Review
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?
38
Wetland Regulations
Clean Water Act
Section 404
39
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.
40
Jurisdictional Waters
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.
41
Nationwide Permits
Apply to broad categories of discharge
activities that will cause only minimal
adverse environmental effects on a direct
and cumulative basis.
NEPA review has been completed and the
permit is already issued.
Compliance with other federal environmental
legislation required
42
Individual Permit Process
43
Section 404 Review
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?
44
Quiz
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.
45
Mitigation of Wetland Impacts
National goal of no net loss of wetlands
function and value is applied to each
permit decision.
46
Mitigation and monitoring plan should include:
Goals/objectives
Site design
Success criteria
Long term monitoring requirements
Maintenance activities
National Historic Preservation
Act (NHPA)
47
NHPA Overview
Established the National Register
of Historic Places.
Created the Advisory Council
on Historic Preservation.
Established the Section 106
review process.
48
National Register
of 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.
49
Section 106 Review
Applies to federal actions that
may affect NHRP listed or
eligible properties.
Requires that federal
agencies consult with:
- Advisory Council on Historic Preservation State
- Historic Preservation Officer (SHPO)
- Local agencies
- Indian tribes
50
Section 106 Review Process (1)
51
Section 106 Review Process (2)
52
Question
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?
53
Coordination with other
Cultural 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))
54
NHPA Review
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?
55
Department of Transportation Act
Section 4 (f)
56
4 (f) 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.
57
4 (f) Applicability
Applies to any land…
Permanently incorporated into a transportation facility.
That requires temporary occupancy during the project.
Where substantial impairment of the resource may occur
as a result of the proposed project.
Projects receiving DOT funds must complete
a 4(f) evaluation
Evaluation to be included in NEPA documents
58
Comprehensive
Environmental Permit
Strategies
59
Develop Permit Inventory
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.
60
Develop Permit Strategy
Develop preliminary compliance approaches.
Coordinate permitting timelines.
Identify permitting requirements or other
fatal flaws.
61
Permit Types
62
Implement Permit Strategy
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
63
Review and Recap
64
Module II
Integrating Environmental
Compliance into Project
Development
65
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
66
Schedule (2)
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
67
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
Project Conceptualization
68
Identify Purpose of
and Need for Action
Statement should consider:
Proponent’s purpose and need.
Potential NEPA lead agency’s
purpose and need.
69
Develop Conceptual
Proposed 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
70
Integrate Factors into
Engineering Plans
• Pre-NEPA process.
• Preliminary assessment
Environmental engineering
Permitting and compliance evaluations
Mitigation opportunities
Potential siting options
• Identify potential environmental red flags.
71
Conduct Preliminary
Alternatives Analysis
• Pre-NEPA process.
• Internal evaluation of project
components and alternatives.
• Develop “options”.
72
Identify Likely Fields of Study
• 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.
73
Role of Right of Way Professional
• 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.
74
Case Study:
Project Conceptualization
Please read the Project Conceptualization in the
case study and discuss with your small group.
Be ready to report to the entire class, the
following project elements.
•
•
•
•
75
A brief description of the project.
Project purpose and need.
Potential environmental red flags.
Possible field studies that may be required in the future.
I-15 South
Expansion
Case Study:
Ö
×
Neighborhood Impacts
Project Area
Great
Salt
Lake
Project Conceptualization
`
!
0
Salt Lake City
_
^
b
!
Ö
×
Midvale
Riverton
#
0
114th & 119th
Lehi
Orem
Utah
Lake
76
Provo
2.5
5
Miles
´
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
77
Constraint Analysis and Siting
78
Assess Land Ownership and Uses
• 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.
79
Develop Environmental Permit Strategy
• 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.
80
Assess Available Information
• Determine study area boundaries.
• Access and evaluate existing
study area data
- Real estate public records
- NEPA documents
- Existing GIS files
81
Initiate Field Studies
• 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.
82
Develop Public Involvement Plan
• 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
83
Develop Project Schedule
• Master schedule
- Timeline
- Project steps and processes
- Milestones
• Include environmental processes
- Permitting
- NEPA
- Public involvement
84
• Develop critical path for the project
Role of Right of Way Professional
• Constraints Analysis and Siting
• Land values and acquisition costs
• Potential for easements and other
land use options
• Potential intersections with other
linear projects
85
Case Study:
Constraints 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.
86
I-15 South
Expansion
Case Study:
Ö
×
Constraints Analysis
and Siting
Great
Salt
Lake
`
!
0
Neighborhood Impacts
Project Area
2.5
5
Miles
´
Salt Lake City
_
^
b
!
Ö
×
Midvale
Riverton
#
0
114th & 119th
Lehi
Orem
Utah
Lake
Provo
87
Printed: 10:14 am 03/23/2004
File: F:\6784_158\Maps\Field\I-15.mxd
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
88
Project Planning and
Preliminary Design
89
Refine Proposed Action
• Review overall project feasibility.
• Determine “scope” of proposed action
that will be used in NEPA analysis.
90
• 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
• 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.
91
Initiate the NEPA Process
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 .
92
Implement Public Involvement Plan
• Lead agency implements public
involvement plan.
• Should be integrated with
proponent’s public involvement
plan (if one exists).
93
Permitting
• 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.
94
Role of Right of Way Professional
• 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.
95
Case Study:
Project 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
96
Case Study:
I-15 South
Expansion
Project Planning and
Preliminary Design
Great
Salt
Lake
`
!
0
Salt Lake City
_
^
b
!
Ö
×
Midvale
Riverton
#
0
114th & 119th
Lehi
Orem
Utah
Lake
97
Provo
Ö
×
Neighborhood Impacts
Project Area
2.5
5
Miles
´
Complete NEPA and Permit
Acquisition Process
• 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
98
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
99
Project Decision, Detailed Design,
and Right of Way Acquisition
100
NEPA Process Completion
IMPORTANT!
The NEPA process and other regulatory
processes should be completed prior
to detailed design and right of way
acquisition.
101
Develop Adaptive Management Program
• Purpose is to improve impact mitigation.
• Plan outlines ways to adjust actions when
the level of impacts or effectiveness of
mitigation measures is highly uncertain
102
Acquire Right of Way
• 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
103
Develop Detailed Construction Plan
• All environmental commitments from
NEPA and permitting processes must be
captured in the construction plan and
bid documents.
• Plan should include:
104
Preconstruction inspections
Site preparation
Mobilization
Groundbreaking
Obtain Necessary ROW
Clearance 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).
105
Role of Right of Way Professional
•
•
•
•
•
•
•
•
106
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
Please read the Project Decision, Detailed Design, and Right
of 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
107
I-15 South
Expansion
Case Study:
Project Decision, Detailed
Design, and ROW Acquisition
Ö
×
Project Area
Great
Salt
Lake
`
!
0
Salt Lake City
_
^
b
!
Ö
×
Midvale
Riverton
#
0
114th & 119th
Lehi
Orem
Utah
Lake
108
Neighborhood Impacts
Provo
2.5
5
Miles
´
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
109
Construction
110
Construction Plans
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
111
Inspection and Monitoring Activities
• 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.
112
Anticipate and Respond to
Changes 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
113
Role of Right of Way Professional
• Construction
• Maintain communication between public,
proponent, landowners, and lead agency
• Maintain up to date knowledge on:
114
- 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
Please read the Construction 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 to prevent project
delays or cost overruns
- Ways to minimize project delays or cost
overruns if they should occur
115
Case Study:
Construction
Great
Salt
Lake
I-15 South
Expansion
Ö
×
Project Area
`
!
0
Salt Lake City
_
^
b
!
Ö
×
Midvale
Riverton
#
0
114th & 119th
Lehi
Orem
Utah
Lake
116
Neighborhood Impacts
Provo
2.5
5
Miles
´
Project Development Process
• Project Conceptualization
• Constraints Analysis and Siting
• Project Planning and Preliminary Design
• Project Decision, Detailed Design
and ROW Acquisition
• Construction
117
• Operations and Maintenance
Operations and Maintenance
118
Maintain and Monitor Environmental
Compliance Requirements
Inspection, monitoring, compliance,
resource management
Life of the project commitment
119
Implement an Adaptive
Management Plan
If applicable, implement plan during
project operations
Ensure that activities are achieving
performance standards and make
adjustments, if necessary
120
Staff Involvement and Changes
Ensure that activities are achieving
performance standards
Activities include:
121
- 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 Professional
• Operations and Maintenance
• Assist with maintenance and monitoring
of proponents environmental
responsibilities and commitments
• May include:
- Encroachment monitoring
- Public awareness programs
- Property management programs
122
Case Study:
Operations 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
123
Case Study::
Operations and
Maintenance
Great
Salt
Lake
I-15 South
Expansion
Ö
×
Project Area
`
!
0
Salt Lake City
_
^
b
!
Ö
×
Midvale
Riverton
#
0
114th & 119th
Lehi
Orem
Utah
Lake
124
Neighborhood Impacts
Provo
2.5
5
Miles
´
Objectives (1)
Now, you are able to...
125
Objectives (2)
Now, you are able to...
126
Thank you
127
606-PT – Revision 5 – 09.15.10.USA