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Why is District Environmental here?

• Help you keep your federal money on your active project.

• Help you remain eligible for federal funding on future projects.

• Help you avoid fines, penalties, and excessive mitigation costs.

Using Federal Money

• Requires that projects comply with the National Environmental Policy Act (NEPA).

• In a nutshell, NEPA establishes a policy that requires that we protect the environment while providing for human progress = environmental review of federally-funded projects.

• NEPA is an umbrella law - the requirements of other environmental laws feed into the NEPA evaluation of your project.

Some of the laws under the NEPA Umbrella

• Clean Air Act

• Clean Water Act

• Fish & Wildlife Act

• Endangered Species Act

• Farmland Preservation Act

• National Historic Preservation Act

NEPA Evaluation – 4 Types

• Exempt – Projects with no potential to have “significant” impacts: Resurfacing & simple maintenance projects

• Categorical Exclusion – Projects that, almost always, have been found to have no “significant” impacts: Typical bridge replacements, TE projects, safety improvements

• Environmental Assessment & Environmental Impact Statement – Major projects that are likely to “significantly” affect the environment. High Study Costs in both Dollars and Time

How do CE-level projects avoid “significant” impacts?

Environmental Commitments. • Design changes to avoid or minimize harm:

– Avoid or minimize takes from historic resources

– Reduce stream & wetland involvement

– Minimize tree removals

• Construction restrictions: – Established construction limits

– Time limits on instream work & tree removals

– Limits on instream fills

– Field mark resources for avoidance during construction.

Environmental Commitments

• Every environmental commitment is key to keeping your project within the findings (no “significant” impact) of your NEPA evaluation.

• Therefore, every environmental commitment is key to helping you

– Keep your federal money on this project.

– Remain eligible for federal money on future projects.

– Avoid fines, penalties & excessive mitigation costs.

Where do you find your commitments?

• “Environmental Commitment Checklist” form sent by the District when the NEPA evaluation is completed.

• Waterway Special Provisions Package from OES, if covered under the Nationwide Permit Program or Regional General Permit.

• Letter from USACOE for PCN or Individual Permits.

• The SWPPP and SPCC Plans for your project. • Incorporated into your plans.

Environmental Commitments Checklist

USACOE Permit Conditions

Typical Commitments Addressed Before Plan File

•Waterway Permits

• Floodplain Permits

•Asbestos Inspections

•NPDES Notice of Intent

Construction Commitments to be Monitored

All Projects

Notify District 7 Environmental immediately if construction requires a modification of work limits, instream work activities, or other changes to the construction footprint.


Projects with Detours

All local schools and emergency services which are likely to utilize the project roadway are to be notified of the detour/construction not less than 2 weeks prior to the road closure.


Bridge or Building Renovation/Demolition

The OEPA Notification of Demolition/Renovation must be submitted by the Contractor at least 10 days prior to the start of construction.


Projects >1-Acre Earth Disturbance

The Contractor must submit an SWPPP plan to OEPA for coverage under the General Permit for Stormwater Discharges from Construction Activities. The plan must be followed throughout construction, including restoration of any damaged or destroy erosion and sediment control features.


Projects Coordinated for No Instream Work

No instream work is permitted under this project. No temporary fill may be placed in the waterway during construction of this project. No equipment may be placed below the ordinary high water mark. If debris enters the waterway during construction, the debris must be removed promptly, utilizing equipment staged above the ordinary high water mark.


Projects with Instream Work

A copy of the applicable waterway permit must be maintained on-site throughout construction.


Projects with Resources Marked for Protection

All streams, wetland or other features within the construction limits but outside the permitted limits of the applicable permits or marked "do not disturb" shall be field demarcated for protection using construction fencing per SS832.


In-Stream Work Subject to Date Restrictions

In-Stream Work (other than for an already established work pad) may not occur from 04-15 to 06-30.


Projects In or Adjacent to Streams & Wetlands

Materials utilized in or adjacent to streams and wetlands on this project for temporary or permanent fill or bank protection shall consist of suitable material free from toxic contaminants in other than trace quantities. Broken asphalt is specifically excluded. Cadmium, chromium, arsenate (CCA), creosote, and other pressure treated lumber shall not be used in structures that are placed in wetlands and streams.


Projects Requiring Dewatering

When dewatering operations are necessary, best management practices to minimize turbidity and siltation in adjacent and nearby streams, shall be utilized. Appropriate measures include but are not limited to, not placing pump outlet hoses in streams, dewatering onto vegetated areas when practicable, suspending intakes and placing intakes on non-erodible surfaces to minimize silt intake.


Tree Cutting Restriction

[To the extent possible] Any unavoidable cutting of trees with suitable roosting and brood-rearing habitat for the Indiana bat (living or standing dead trees or snags with exfoliating, peeling or loose bark, split trunks and/or branches, or cavities) will be performed only before April 1 or after September 30, when the species would not be using such habitat.


Bridge Rehabilitation or Replacement

Prior to the removal of the existing bridge, the underside of the bridge should be carefully examined for the presence of bats or bird colonies, especially from April 1 to September 30. If any bats or bird colonies are found roosting on the underside of the bridge, contact the US Fish & Wildlife Service at 614-469-6923. This requirement is for information gathering purposes only and will not result in the delay of the project.

Construction Commitments to be Monitored Sole Source Aquifer for Source Water Protection Area Best construction practices are to be implemented to minimize water quality impacts. Idle equipment, petrochemicals, and toxic/hazardous materials shall not be stored near drainage ways, ditches or streams. Refueling shall not be undertaken near drainage ways, ditches or streams. A spill containment kit is to be maintained on-site throughout construction activities. Spills of fuels, oils, chemicals, or other materials which could pose a threat to groundwater shall be cleaned up immediately. If the spill is a reportable amount, the local fire department is to be contacted.


Bridge Rehabilitation or Replacement The Spill Containment Kit shall be located within 150 feet of any equipment working in a stream or wetland. The Kit shall be maintained for the life of the contract. Any materials utilized are to be replaced within 48 hours. The Spill Containment Kit shall include

• - 1 - 65-gallon drum with lid • - 4 -18” x 18” oil only pillows • - 2 - 5” x 10’ booms • - 50 -16” x 20” oil only pads • - 10 - disposable bags • - 25 - pounds of granular oil absorbent.


Noise Sensitive Areas

No construction involving the use of power-operated equipment including, but not limited to: front loaders, backhoes, dozers, tractors, scrapers, graders, pavers, roller compactors, slip form equipment, pavement planing equipment, dump trucks, concrete mixers, concrete pumps, cranes, compressors, generators, pumps, pile drivers, jack hammers, rock drills, pneumatic tools, saws, and vibrators shall be performed from 9:00 p.m. to 7:00 a.m. without the prior permission of the project engineer.


Noise Sensitive Areas

The Contractor shall ensure that all heavy equipment in use during construction is equipped with effective mufflers to minimize noise. The Contractor shall avoid unnecessary idling of equipment. The Contractor shall ensure that equipment and vehicle staging areas are located as far from the residential areas adjacent to the corridor as possible.


Bridge Replacement

State law requires notification to the Ohio Department of Natural Resources should blasting be required within or near stream channels (See ORC 1533.58 & CMS 107.09). Notify Engineer, in writing, for submission to ODOT Office of Environmental Services – Waterway Permits Unit (614-466-7100) for coordination with the Ohio Department of Natural Resources.


Instream Work Requiring PCN or Individual Waterway Permit

Upon completion of the project, the Project Engineer must complete the USACOE Certificate and submit to the District Environmental Coordinator.


Other Typical

• Special Management of Contaminated Soils or Orphan USTs

• Scenic River Specific Requirements

• Trail detours & trail inspection by owner prior to project finalization

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