NEPA ESSENTIALS FOR LOCAL AGENCY PROJECTS

Transcription

1 NEPA ESSENTIALS FOR LOCAL AGENCY PROJECTS Michigan Local Technical Assistance Program November 2, 2011 Presenters: David T. Williams, FHWA-MI Environmental Program Manager Kurt Zachary, FHWA-MI Local Program Area Engineer Mark Harrison, MDOT-LAP Rural & Bridge Project Development Engineer Gonzalo Puente, MDOT-LAP Urban Project Development Engineer Mathew Hannahs, Eaton CRC Assistant County Engineer

2 National Environmental Policy Act (NEPA) Evaluate environmental impacts of proposed highway projects. NEPA is triggered when: Federal Funds are used. FHWA approval is needed. Anticipation of federal funds. MDOT ensures Federal-aid requirements are met on local agency projects.

3 NEPA and Project Development Proposed projects requiring FHWA action must: Estimate Duration Time (EA Assumed) Be Consistent with Long Range Transportation Plan. Have a phase of the project in the STIP. Have NEPA clearance prior to final plan approval. Have permits before Plans Specifications and Estimates (PS & E) approval and project advertisement. 12 Months Months 3-12 Months

4 Levels of NEPA Analysis Three levels of analysis based on impact significance: Categorical Exclusions (CE) Environmental Assessments (EA)/Finding of No Significant Impact (FONSI) Environmental Impact Statements (EIS)/Record of Decision (ROD) FHWA can require an EIS rather than an EA, pending controversy and significance of impact.

5 NEPA Classification Determine classification using: Program Application for Local Agency Projects MDOT Local Agency Program Project Development Engineer. Public input Resource agency input Average Annual frequency: CE: 400 EAs: 4 EISs: 0

6 NEPA Timeline Depends on impact intensity and/or analysis needed: Biology issues (2 months to 1 year) Tribal Coordination (30 days +) Historic: (<30 days to 30 days +) Section 4(f) (<30 days to 6 months) Section 6(f) Parks/Refuges (1 year +) NOTE: programmatic agreements take less time, if project conforms to restrictions

7 NEPA Decision Making MDOT Reviews NEPA Documents FHWA signs EAs, EISs, RODs, FONSIs, & Individual CEs. FHWA signature contingent on: Statewide Long Range Transportation Plan consistency Phase of project in an approved, financially constrained STIP.

8 Categorical Exclusions Two types of Categorical Exclusions (CEs): Programmatic CEs Individual CEs Require FHWA Approval Basis for CEs: 3 CFR Programmatic Agreement between MDOT & FHWA Information in Program Applications

9 General Contents of EAs/EISs Project Purpose & Need Alternatives Affected Environment Environmental Impacts Mitigation Public Feedback

10 Conducting a NEPA Analysis Involve interested parties, public, regulatory agencies. Identify the environmental resources in the area. Document project purpose & need. Document alternatives to meet purpose and satisfy need. Evaluate alternatives (purpose & need, and impacts). Find avoidance, minimization & mitigation opportunities.

11 Conducting a NEPA Analysis Document and circulate NEPA document. Offer an opportunity for public comment / hearing. Choose a preferred alternative. Add documentation and republish the NEPA document (Revised EA with FONSI, or FEIS followed by ROD) FONSI and ROD identify the selected alternative.

12 NEPA Pitfalls NOT allowing for enough time in your schedule NOT being clear and complete in your project NOT identifying the correct stakeholders NOT coordinating with MDOT/resource agencies soon enough Changing the project scope AFTER environmental clearance

13 Making NEPA Efficient Include environmental scoping in Local Planning Engage environmental staff early Conduct effective scoping (the right players) Identify environmental constraints early Engage regulatory agencies early Address issues and concerns as they arise Manage scope creep and project changes Foster effective communication engage often!!

14 Final Points to Keep in Mind NEPA is required for all Federal projects Early scoping and coordination is key Allow sufficient time in your schedule Use MDOT references, links, contacts OFTEN! Don t be afraid of NEPA process but also don t ignore it Permits/clearances are required prior to NEPA approval, NEPA approval is required prior to PS&E (changes = more time!)

15 Technical Assistance MDOT Contacts: Gonzalo Puente, Urban Project Development Engineer Phone: (517) Mark Harrison, Rural & Bridge Project Development Engineer Phone: (517) LAP website: Select Doing Business, then Local Agency Program.