Rural Transportation Summit – ADOT Environmental in Project Development

1. Rural Transportation Summit – ADOT Environmental in Project Development January 19, 201 4

2. ADOT Environmental

3. ADOT – Intermodal Transportation Division

4. Environmental Planning Group (EPG)

5. FHWA Environmental • Northern Arizona and Phoenix • Rebecca Yedlin • Southern Arizona • David Cremer

6. Environmental in Project Development

7. 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

8. What is the Environmental process? • In a word: NEPA • National Environmental Policy Act of 1969

9. 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)

10. The National Environmental Policy Act (NEPA) of 1969 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

11. Why is There a National Environmental Policy Act?

12. The National Environmental Policy Act (NEPA) of 1969 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

13. Why are these Environmental laws in place? Laws are created in response to the times

14. Why are these Environmental laws in place? • The Interstate ‘Yellow Book’

15. Why are these Environmental laws in place? 1956 – Federal-Aid Highway Act started the Interstate Highway construction program

16. Why are these Environmental laws in place? 1956 – Federal-Aid Highway Act Interstate Highway construction mandate

17. Why are these Environmental laws in place? Impacts to Urban Environments

18. Why are these Environmental laws in place? 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, 1966 Source: “Divided Highways” (Tom Lewis)

19. Why are these Environmental laws in place? Planned freeway through Overton Park – 1971 the US Supreme Court “protection of parkland was to be given paramount importance.”

20. Why are these Environmental laws in place? 1969 Cuyahoga River Fire, Cleveland Santa Barbara Oil Spill NEPA signed into law on January 1, 1970

21. The National Environmental Policy Act (NEPA) of 1969 Back to NEPA and Project Development

22. NEPA Decision Making Framework NEPA involves… Consideration of environmental factors in decision-making (in addition to economic and technical) Evaluation of environmental impacts Consideration of alternatives to actions with significant impacts Project documentation (NEPA documents) Public involvement and interagency coordination

23. Regulation and Guidance Regulatory and Guidance Hierarchy • 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

24. 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

25. 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

26. The NEPA Umbrella “What if they just repealed NEPA?” • 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… 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)

27. 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

28. NEPA Classes of Action NEPA Document: • Class I - Environmental Impact Statement (EIS) • Impacts significant • Class II – Categorical Exclusion (CE) • Impacts not significant • Class III – Environmental Assessment (EA) • Significance of impacts are not clearly known • Re-Evaluation • Revisit after NEPA approval (time or changes)

29. NEPA Class of Action Environmental Impact Statement (EIS) SR 202L – New Freeway

30. NEPA Class of Action Environmental Assessment (EA) I-17 – Cordes Junction Interchange Reconstruction

31. NEPA Class of Action Categorical Exclusion (CE) Traffic Guide Sign – minor impacts with limited ground disturbance

32. NEPA Class of Action Categorical Exclusion (CE) • New HOV

33. NEPA Class of Action Categorical Exclusion (CE) Pavement Preservation Project- including work off the roadway such as culvert extensions and slope flattening

34. NEPA Class of Action Categorical Exclusion (CE) Bridge Deck Rehabilitation

35. 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

36. 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

37. Development/Design

38. Environmental Process Highlights 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 Air and Noise Mitigation measures 404 Permits (Clean Water Act)

39. Environmental in Project Development Integration of environmental and design – One Process The Scope of the project and changes in design greatly influence the environmental schedule/project schedule

40. Environmental in Project Development • 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

41. Environmental in Project Development • 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

42. 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

43. Environmental in Project Development 404 Permits 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.

44. Environmental in Project Development 404 Permits Preliminary design impacted a wetland 404 Individual Permit required Alternatives analysis required

45. Environmental in Project Development 404 Permits Design changed to avoid impact to wetland 404 Individual Permit avoided Nationwide only for temporary construction impacts

46. Environmental in Project Development CULTURAL RESOURCES Historic Buildings and Districts Built Environment surveys are necessary Cultural resource concerns may impact the design

47. Environmental in Project Development CULTURAL RESOURCES Historic Roads We try to avoid ‘adverse effect’ through Section 106 Consultation HPT has procedures for treating historic roads

48. Environmental in Project Development CULTURAL RESOURCES 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 Data recovery is expensive and time consuming

49. Environmental in Project Development 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

50. 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