rural transportation summit – adot environmental in project development january 19, 201 4

Rural Transportation Summit – ADOT Environmental in Project Development

January 19, 201 4

ADOT Environmental

5-YEAR PROGRAM Program Delivery Assistant

Lisa Pounds

DESIGNDeputy State Engineer

Steve Boschen

CONTRACTS & CLEARANCES Deputy State Engineer

Barry Crockett

STATEWIDE PROJECT MGMTGroup Manager

Vince Li

LOCAL PUBLIC AGENCIES Program ManagerBahram Dariush

State EngineerJennifer Toth

Sr. Deputy State Engineer Dallas Hammit

Executive Staff Asst.Peggy Harding

Right of Way Paula Gibson

Joint Project Agreements Lillian Marks

Engineering Consultant ServicesMichael Denbleyker

Utilities & Railroads Vicki Bever

Contracts & Specifications

Steve Hull

Environmental Planning

Paul O’Brien

Roadway Engineering

Annette Riley

Traffic Engineering Maysa Hanna

Bridge Group Shafi Hasan

Materials Group Bill Hurguy

Engineering SurveyChong-Tai Chyan

ADOT – Intermodal Transportation Division

Environmental Planning Group (EPG)

FHWA Environmental

• Northern Arizona and Phoenix– Rebecca Yedlin

• Southern Arizona– David Cremer

Environmental in Project Development

Why do we have an Environmental process?

• Assure that there is a project purpose and need for the transportation project

• Assure that environmental impacts are considered in developing alternatives

• Assure that projects Avoid, Minimize, and Mitigate adverse effects

• Assure that projects meet all legal requirements

What is the Environmental process?

• In a word: NEPA– National Environmental Policy Act of 1969

The National Environmental Policy Act (NEPA) of 1969

NEPA requires the Federal government to consider the environment in major Federal actions

• So why ADOT and LPA projects?– ADOT’s highway program, including LPA projects, is

largely a Federal-Aid Program (i.e. the Federal Gas Tax)


What requires NEPA?• Federal ‘Actions’– Federal Funds for Design, ROW and Construction– Other Federal actions (regardless of project funding): • US Army Corps. 404 permits• Action by land management agencies (FS, BLM, BIA, etc.)• Design Exceptions on the National Highway System (NHS)• ‘Change in Access’ on the Interstate System

Why is There a Nati onal Environmental Policy Act?


What Brought about NEPA?• The Sixties– Reaction to the Interstate building of the 50’s into

the 60’s (the Freeway Revolt)– The book Silent Spring– Vietnam War protests – The Counter-Culture– Other significant events

Why are these Environmental laws in place?

Laws are created in response to the times


• The Interstate ‘Yellow Book’


1956 – Federal-Aid Highway Act started the Interstate Highway construction program


1956 – Federal-Aid Highway Act Interstate Highway construction mandate


Impacts to Urban Environments


The highway program is “being operated by barbarians. We ought to have some civilized understanding of just what we do to spots of

historic interest and great beauty by building eight-lane highways through the middle of our cities.”

Senator Joseph Sill Clark – PA, 1966Source: “Divided Highways” (Tom Lewis)


Planned freeway through Overton Park – 1971 the US Supreme Court “protection of parkland was to be given paramount importance.”


1969 Cuyahoga River Fire, Cleveland

Santa Barbara Oil Spill

NEPA signed into law on January 1, 1970


Back to NEPA and Project Development

NEPA Decision Making FrameworkNEPA involves…

Consideration of environmental factors in decision-making (in addition to economic and technical)

Consideration of alternatives to actions with significant impacts

Evaluation of environmental impacts

Project documentation (NEPA documents)

Public involvement and interagency coordination

Regulatory and Guidance Hierarchy

Regulati on and Guidance

United States Code (USC) [Law]• 23 (Highways) and 42 (Public Health) USC

Council of Environmental Quality (CEQ) Regulations • 40 CFR 1500

FHWA NEPA Regulations • 23 CFR 771

FHWA HQ Guidance • Technical Advisory T6640.8A for NEPA Documents

• 4(f) Policy Paper

FHWA AZ Division Guidance and ADOT EPG Guidance

The NEPA Umbrella

• The NEPA process provides a framework for compliance with other Federal, State, and local environmental statutory requirements (hence the term “NEPA umbrella”)

• Procedural law – Follow the process– Defines process, not decisions

The NEPA Umbrella

Title VI of Civil Rights Act of 1964

Executive Order 12898 (Environmental Justice)

Civil Rights Act

Clean Water Act (CWA)

Clean Air Act (CAA)

Safe Water Drinking Act (SDWA)

Endangered Species Act (ESA)

Solid Waste Disposal Act (SWDA)

Resource Conservation and Recovery Act of 1976 (RCRA)

49 USC 303 – 4(f)

Emergency Planning and Community Right to Know Act of 1986 (EPCRA)

National Historic Preservation Act (NHPA)

Public Hearing Requirements

Archaeological and Historic Preservation Act (AHPA)

Farmland Protection Act

23 USC 109(h) – Highways Environmental Effects

“What if they just repealed NEPA?”

The NEPA Umbrella

Title VI of Civil Rights Act of 1964

Executive Order 12898 (Environmental Justice)

Coastal Zone Management Act

Clean Water Act (CWA)

Clean Air Act (CAA)

Safe Water Drinking Act (SDWA)

Endangered Species Act (ESA)

Solid Waste Disposal Act (SWDA)

Resource Conservation and Recovery Act of 1976 (RCRA)

Comprehensive Environmental Response, Compensation and Liability Act (CERLA)

Emergency Planning and Community Right to Know Act of 1986 (EPCRA)

National Historic Preservation Act (NHPA)

Public Hearing Requirements

Archaeological and Historic Preservation Act (AHPA)

AND MORE…

NEPA Approval & ADOT Environmental Clearance

NEPA approval– Approval date of the Environmental Document

(CE, EA or EIS)– Allows for Federal Authorizations for Final Design and all

ROW actions

ADOT Environmental Clearance– Final clearance from EPG to Contract and Specifications

to certify that the project is ready for bid advertisement in terms of environmental requirements

NEPA Classes of ActionNEPA Document:• Class I - Environmental Impact Statement (EIS)o Impacts significant

• Class II – Categorical Exclusion (CE)o Impacts not significant

• Class III – Environmental Assessment (EA)o Significance of impacts are not clearly known

• Re-Evaluation o Revisit after NEPA approval (time or changes)

NEPA Class of ActionEnvironmental Impact Statement (EIS)

SR 202L – New Freeway

NEPA Class of ActionEnvironmental Assessment (EA)

I-17 – Cordes Junction Interchange Reconstruction

NEPA Class of ActionCategorical Exclusion (CE)

Traffic Guide Sign – minor impacts with limited ground disturbance


• New HOV


Pavement Preservation Project- including work off the roadway such as culvert extensions and slope flattening


Bridge Deck Rehabilitation

How Long Does It Take?

Schedule dictated by…

• Complexity of project• Timelines and quality of

technical reports• Responses from other

agencies/SHPO/Tribes• Changes in project scope • Timeliness of additional

funds needed

Project Development Timeframes• Group One (CE) – Up to 2 months– May still require some due-diligence

• Group Two (CE)

– 6 to 12* months* Biology, cultural resources, 404 Individual Permit

• Environmental Assessment – 1 to 3 years

• Environmental Impact Statement – 3 to 5+ years

Development/Design

Purpose and Need

Public and Agency Scoping (NEPA)

Section 106 Consultation (Historic Preservation Act)

Biological Evaluation (Endangered Species and more)

Hazardous Materials report

4(f) Evaluation

Environmental Process Highlights

Air and Noise

Mitigation measures

404 Permits (Clean Water Act)

Environmental in Project DevelopmentIntegration of

environmental and design – One Process

The Scope of the project and changes in design greatly influence the environmental schedule/project schedule


• Project scoping process and Environmental Field Review Form are important to identify environmental scope early

• Ideally we’ll have a 100% footprint for environmental & ROW at 60% Design. Try to avoid late changes as they can impact schedule.

• Identify Temporary Construction Easements (TCEs) early in Design

• Identify and include staging and stockpiling areas at Field Review if possible. May require TCEs

• Identify scope such as geotechnical work early. Do we need a separate clearance or can it be part of the project clearance

– Get environmental technical work/consultations going early before boring plan is finalized


• Communicate any scope changes to the EPG Planner as soon as they happen

• If the EPG Planner has requested information then supply it as soon as possible.

• The environmental process, through consultation and coordination with stakeholders and outside agencies, may bring about additional scope being added to the project

– EPG is never looking to increase scope but sometimes it happens

• Get funding in place quickly for addition work added to the project scope

– Examples; 404 permit, biological survey or cultural data recovery work added to the project

Environmental in Project Development Project Scoping/Preliminary Design

• Comprehensive and un-changing (ideal world)– Delay in defining or changing a project scope can

delay the environmental process– Define drainage improvements, culvert extensions,

geometric improvements, scour countermeasures, etc. Scope added later in the design process can add time to the environmental process and impact the project schedule

– Define project footprint with preliminary design


Define JDs early

Factor JDs and wetlands in the design; drainage, bridge, scour

Avoid, minimize and mitigate

Least Environmentally Damaging Practicable Alternative – required by Corps.

404 PERMITS

Environmental in Project Development404 PERMITS

Preliminary design impacted a wetland

404 Individual Permit required

Alternatives analysis required

Environmental in Project Development404 PERMITS

Design changed to avoid impact to wetland

404 Individual Permit avoided

Nationwide only for temporary construction impacts


Historic Buildings and Districts

Built Environment surveys are necessary

Cultural resource concerns may impact the design

CULTURAL RESOURCES

Environmental in Project DevelopmentCULTURAL RESOURCES

Historic Roads

We try to avoid ‘adverse effect’ through Section 106 Consultation

HPT has procedures for treating historic roads

Data recovery is expensive and time consuming


Data recovery is undertaken to recover data (information)

Data recovery may require a task order or contract (consider timing and funding)

Constructability in relation to avoidance areas

CULTURAL RESOURCES


SECTION 4(f)• Provides protection to parks and recreational

lands, wildlife and waterfowl refuges, and historic sites. No “use” unless:– No feasible and prudent alternative– All possible planning to minimize harm to the

property resulting from use

Environmental in Project Development SECTION 4(f)How to address: • First, can we avoid! – Study alternatives • Types of treatment – De minimis– Programmatic• Bridges, Minor Use of Historic Sites

– Individual

De minimis taking

Minimize impact

Negotiate compensation/ improvements

Agreement of local authority of no adverse effect

Inform the public

Environmental in Project DevelopmentSECTION 4(f)

Historic Bridge; Section 106 and Section 4(f)

Rehabilitation – De minimis

Replacement - Programmatic 4(f) Evaluation (one of five FHWA programmatic procedures for 4(f))

Environmental in Project DevelopmentSECTION 4(f)

Air, Noise and Hazmat. Project context driven.• Air Quality– Urban areas (Non-

attainment/Hot Spot Analysis for CAA)• Noise – Sensitive Receptors (houses)• Hazmat – History of land (old gas stations)


Avoid, Minimize, Mitigate – Required by regulation to be integral with the project development. Integral does not mean exclusive (for example at the expense of safety).

• Avoid – Historic Sites – Jurisdictional Waters– Biological Sensitive Species

• Minimize – Project impacts

• Mitigate – Compensation for unavoidable impacts– Can be included in the project cost (Federal-Aid eligible)


Federal Highway Authorizations

MAP-21 – Right-of-Way

Changes related to the Environmental process and ROW – MAP-21 Section 1302:• Changed 23 USC § 108 for Early Acquisition– (b) Many conditions including State Comprehensive

land use planning process and Governor Certification.

– (c) acquired without threat of condemnation. • Talk to FHWA if considering early acquisition of

ROW

MAP-21 - Environmental

• Categorical Exclusions – CEs – Two Types of CE defined in 23 CFR 771.117 under

sections (c) and (d). Both sections have lists of qualifying categories of projects

– The two types defined in 23 CFR 771 and the ADOT/FHWA Operating Agreement• (c) – Undocumented CEs

» Called Group One in Arizona

• (d) – Documented CEs (Checklist). » Called Group Two in Arizona

MAP-21 - Environmental Section 1316

• New Categorical Exclusions for projects within the right-of-way– Amends 771.117(c) by adding paragraph (22) – Makes projects within the ‘operational right-of-way’

of a transportation facility CEs (i.e. Group 1)– Operational ROW defined as areas “disturbed” and

“maintained” within the ROW (footprint)

MAP-21 – Environmental Section 1317

• New Categorical Exclusions for projects with limited Federal assistance– Amends 771.117(c) by adding paragraph (23) – Makes projects with limited Federal funds CEs (i.e.

Group 1) under (c)– $5 million or less total project cost with all Federal funds– $30 million or less total project cost with no more than

15% Federal funds contribution

MAP-21 – Environmental Section 1318

• New Categorical Exclusions added to the list of CE projects in 23 CFR 771– Adds new CEs requested by State DOTs, MPOs and LPAs– Also, reclassifies three categories of actions currently

under (d) to being listed under (c) (i.e. from Group 2 to Group 1) – Modernization including shoulders and auxiliary lanes– Highway safety & traffic operational– Bridge reconstruction, rehabilitation & replacement and RR

grade separations

MAP-21 – Environmental Sections 1316 - 1318

• Didn’t all these new CEs become effective when MAP-21 was signed into law? – No. Map-21 required the Secretary of Transportation to

propose Federal Rulemaking (currently in process)

• Federal rulemaking must occur before CE designations pursuant to sections 1316, 1317 and 1318 become effective. This includes the publication of a proposed rule and the publication of a final rule after consideration of public comments on the proposed rule. The final rule will establish the date when the new CEs become effective.

ADOT Environmental in Project Development

Thank You