federal environmental requirements for local agency transportation projects tom holstein, 510-286...
TRANSCRIPT
Federal Environmental Requirements for
Local Agency Transportation Projects
Tom Holstein, 510-286 5250, [email protected]
Donna Meyer, 510-286 5743, [email protected]
Caltrans D4 Office of Local Assistance, Environmental
Today’s Presentation
NEPA Overview Caltrans D4 Local Assistance NEPA Process:
PES/Field Review/Studies/Environmental Clearance
Revalidations
Non-Infrastructure Projects
Hints and Tips Questions
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Local Assistance vs.Locally-Sponsored Projects
Local Assistance ‘Off’ the SHS
Local agency is CEQA Lead
Caltrans is NEPA Lead
Procedures contained in LAPM (Chap 6)
Locally-Sponsored ‘On’ the SHS
Caltrans is CEQA Lead unless delegated
Caltrans is NEPA Lead
Procedures contained in PDPM
3http://www.dot.ca.gov/hq/LocalPrograms/index.htm
National Environmental Policy Act (NEPA)
Signed into law January 1, 1970 (42 USC 4321 et sec.)
“All agencies of the Federal Government shall:
utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision-making which may have an impact on man’s environment” 4
Other Federal Environmental Laws
Federal Endangered Species Act, Section 7
National Historic Preservation Act, Section 106
U.S. Department of Transportation Act, Section 4(f)
Clean Air Act
Executive Order 11988 (Floodplain Management)
Clean Water Act, Section 404 and EO 11990 (Wetlands Protection)
Rivers and Harbors Act, Section 10
Farmlands Protection Policy Act
Coastal Zone Management Act
Resource Conservation and Recovery Act
Executive Order 12898 (Environmental Justice) 5
What Actions are Subject to NEPA?
Actions that:
» use federal land
» require federal permit or other federal approval
» use federal funding
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Caltrans NEPA Assignment
SAFETEA-LU(2007)
MAP-21(2012) CODE
Section 6004 CE responsibilities
assigned to Caltrans
Section 1312 23 USC §326 Signed 6/7/07
Renewed every 3 yearsCurrently expires 6/7/16*
Section 6005 NEPA responsibilities for
certain CEs, EAs and EISs delegated to
Caltrans for a 5 year pilot program
Section 1313NEPA responsibilitiesassigned to Caltrans
23 USC §327Signed 7/1/07
Renewed 10/1/12Currently expires
1/1/17*
*Caltrans expects MOUs to be renewed on or before these dates.7
Excluded from NEPA Assignment
FHWA retains responsibility for: AQ Conformity for 23 USC 327 Projects; Government-to-Government consultation with Tribes; Statewide and Metropolitan Planning; Projects with Federal Transit Administration (FTA) funding
(where FHWA is Lead) under Chapter 53 of Title 49 of the United States Code;
Projects funded by the Federal Lands Highway Program unless the Department designs and constructs the project; and,
Projects involving international border crossings and projects that cross state boundaries.
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Field Review and PES Submission
[PES = Exhibit 6A of LAPM
PES instructions = Exhibit 6B]
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PES FormSubmission
Do not complete PES Form until project is in a federally-approved FSTIP. Attach FSTIP page with project highlighted
Send 2 copies of Field Review form and PES form with plans and attachments to:
Jose Reyes, Caltrans D4 Office of Local Assistance, Mail Station 10B, 111 Grand Avenue, Oakland CA 94623
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Regular PES FormDistrict 4 Required Attachments
1. FWS Endangered and Threatened Species list by Quads for your area
http://ecos.fws.gov/ipac/
2. A completed Visual Resource Checklist, answer and total score.
http://www.dot.ca.gov/hq/LandArch/via_outlines/questionaire.htm
3. Haz waste info. This can be found on the Geotracker unless your agency has your own inhouse source.
http://geotracker.waterboards.ca.gov/
4. 100 year FEMA (FIRM) Floodplain Map
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Purpose of Regular PES Form
Understand full scope of project
Identify potential environmental impacts
Determine NEPA Class Of Action (COA)
Identify required Technical Studies & Permits
To do this we require a DETAILED PROJECT DESCRIPTION and FULL ANSWERS to the 36 questions
Who, What, When, Where, Why?
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Scheduling of Field Review
Caltrans will allocate a Federal Project Number (FPN) to be used on all submissions
Jose Reyes will contact you to schedule a field review
IN OFFICE or
ON-SITE
FIELD REVIEW?13
After the Field Review
Local Agency to provide any supplemental project description information
Cultural Resources Review
Caltrans signs PES form and sends to Local Agency with Environment Document Classification (CE/EA/EIS)
END OF SCOPING
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Typical NEPA Studies
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What we do/What you do
Caltrans
Local Agency
• Section 106 Scoping (q.35 on PES form)• No Effect Memo for Biology• Consultation with Regulatory Agencies (SHPO, NMFS, USFWS)• Sign larger studies• CE checklist [LAPM Exhibit 6-E]• CE form [LAPM Exhibit 6-F}]• Environmental Commitment Record
• Hire environmental consultants (if necessary)• Complete and submit studies for review• Arrange and facilitate any required public outreach (invite Caltrans)• Submit final studies with wet ink signature
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Tools to help
Standard Environmental Reference (SER)
http://www.dot.ca.gov/ser/
SER contains Annotated Outlines for Biology, Air Quality, Cultural Resources, Environmental Documents
Hydraulics – ask your Local Assistance Environmental Planner for the Local Assistance forms
Federal Aid Classes (http://www.californialtap.org/)
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Completion of Environmental Document
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Once signed by Caltrans, the Environmental Document will be sent to you by your Local Assistance Engineer informing you that you can proceed with detailed design and preparation of right of way documents.
REVALIDATIONS
(RE-EVALUATIONS)
[Exhibit 6G* of LAPM*But ask your environmental
planner for the D4 form]
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Reasons for Revalidation
Project is proceeding to next major federal approval
Change in scope, setting, effects, mitigation measures and requirements
3-year timeline (EIS only)
ASK YOUR ENVIRONMENTAL PLANNER FOR THE DISTRICT 4 REVALIDATION FORM
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Processing the Revalidation
Answer the questions on page 2 in complete sentences
Submit 1 copy (wet ink signature) to your Environmental Planner
Processing duration depends on time lapsed since Environmental Document and whether there are any changes in project scope
Technical study updates may be required
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Non-Infrastructure Projects
[PES (NI) = Exhibit 6J of LAPM
Instructions = Exhibit 6K]
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A Non-Infrastructure Project
Transportation-related project that does not: Involve engineering design Require right of way acquisition, or lead to physical construction
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Examples of Non-Infrastructure Projects
Public awareness campaigns and outreach Traffic education and enforcement in the vicinity of
schools Student sessions on bicycle and pedestrian safety Freeway service patrol Ridesharing activities Purchase of vehicles
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Non-Infrastructure Field Review?
Determined to be“Eligible” NI Project
DLAE staff determine if project is “eligible” as a NI project for program funding.
Meets PES (NI) Criteria
But “eligible” NI projects are not automatically processed with a PES (NI).
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The NI Distinction
Preliminary Environmental Screening Form
PES (NI) form screens for any ground disturbance or other environmental impacts and concludes completion of regular PES form is not needed.
Preliminary Environmental
Study Form
PES form scopes for potential impacts and concludes further technical studies required.
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Hints and Tips
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The NEPA Process
Start Early Determine Critical Path Items Maintain momentum, check in with OLA Ensure any consultants are familiar with federal
and SER requirements A considered and conservative project
description Good maps showing project footprint
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Language
Avoid the word ‘significant’ unless legislatively defined
Avoid ‘approximate’ Stand alone NEPA analysis (rather than
relying on CEQA) Clear impact analysis Firm commitments
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Questions?
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