National Recreational Trails Program National Environmental Policy Act

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1 National Recreational Trails Program National Environmental Policy Act Presentation by ADOT Environmental Planning January,

2 The Umbrella Title VI of Civil Rights Act of 1964 Executive Order (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) US DOT Act 4(f)

3 Cultural Resources FHWA Statewide Section 106 Programmatic Agreement Cultural Clearance Review Form changes Programmatic Agreement questions Sites in/or adjacent to the project area question Communication with land owning/managing agencies 3

4 Water Resources Clean Water Act Section 404- Regulates the discharge of dredged or fill material into waters of the U.S.- issued by the Corps Section 401- certification ensuring the project will not violate surface water quality standards- issued by ADEQ Section 402- Arizona Pollutant Discharge Elimination System Permit and compliance with the Construction General Permit (CGP), regulates project surface water quality runoff into waters of the UScoordination with ADEQ 4

5 Water Resources What we will be looking for: - Does your project cross any dry washes, or are there any known streams/creeks in the area? -What is the scope of work? Is material going to be added to the wash or will. removal of sediment and reshaping of the wash be required? - Will the project be over 1 acre of construction or 5 acres for maintenance? 5

6 Water Resources What will help during the review process: Clarify the scope of work. What does trail maintenance entail? For example if drainage work is required, state what type such as sediment removal, bank repair, riprap placement, i.e. Provide more user friendly vicinity maps or a latitude and longitude of trail or facility locations. Estimate the acreage of impacts and familiarize yourself with how ADEQ defines maintenance and construction. 6

7 Biology Federal Laws 1. Endangered Species Act a. Protection for listed threatened or endangered species 2. Migratory Bird Treaty Act a. Prohibits take of any native migratory birds 3. Bald & Golden Eagle Act a. Prohibits anyone, without a permit, from taking bald or golden eagles. 7

8 Biology What are we looking for? 1. Appropriate biology review by qualified biologist 2. No effect to threatened or endangered species, BGA or MBTA 3. Consultation with FWS if project has potential to affect ESA species.. 8

9 Biology Arizona Game and Fish Project Evaluation Program 1. Use online project review tool 2. Submit written request for project evaluation 3. AGFD will respond within 30 days 4. Include response in submittal to State Parks 9

10 Project Descriptions Focus on activities Findings Circumstances Studies/Reports Coordination with agencies/regulators Previous Decisions. 10

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