Environmental Clearance and Next Year s Grant. Los Angeles Airport District Office. Presented by: Brenda Pérez George Buley David Cushing

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1 Environmental Clearance and Next Year s Grant Presented by: Los Angeles Airport District Office Brenda Pérez George Buley David Cushing ACA Conference - September 2017

2 Presentation Agenda Consideration of environmental processes in master planning Why do we prepare environmental documents? Timing, Planning and Coordination 2

3 Appropriate Planning is Critical for the Environmental Process Planning Process Environmental Determination Project Implementation Master Plan ALP Feasibility Studies Noise Studies CatEx EA EIS Construction 3

4 Consideration of Environmental Factors in Airport Master FAA s Mission is to provide a safe and efficient aviation system Integral to this Mission, is the FAA s responsibility for complying with requirements of the National Environmental Policy Act (NEPA) 4

5 Planning and NEPA Purpose and Need Purpose & Need of a proposed action Airport planning study provides the justification and basis of a proposed action Consideration of environmental factors as a task Airport planning process Related baseline environmental consideration 5

6 FAA Role in Airport Master Planning Proper planning includes FAA review/approval of: Aviation Activity Forecast and Critical Aircraft Obstruction Mitigation Plans Site selection studies Review the adequacy of the planning alternative analysis ALP set and associated airspace case study Planning study and associated capital improvement program 6

7 Planning vs. Programming Planning informs the CIP Project need Priority Expected costs ALP is not a programming document 7

8 Environmental Baseline Features Planning Environmental Baseline Preliminary identification of potential, or known, environmental features Major airport drainage ditches Wetlands Flood Zones Historic or Cultural features DOT Section 4(f) features Flora/Fauna Not part of NEPA 8

9 Intergovernmental and Interagency Coordination Formal and informal: FAA must consult affected Federal and state agencies, tribes, and local units of government early in the NEPA process Community involvement 9

10 Why Do We Prepare Environmental Documents? To ensure that proposed projects comply with federal laws and regulations To support the Federal Action 10

11 National Environmental Policy Act of 1969 (NEPA) NEPA requires each Federal agency to disclose a description of potential environmental impacts of the proposed project FAA must comply with NEPA for all proposed airport development projects that require a federal action Funding Approving Releasing NEPA covers many environmental laws such as these: 11

12 NEPA Native American Grave Protection Act Executive Order (Environmental Justice) Americans with Disabilities Act Section 4(f) of USDOT Act (49 USC 303) Clean Air Act Farmland Protection Policy Act Executive Order (Floodplains) Endangered Species Act of 1973 Migratory Bird Treaty Act of 1918 Resource Conservation and Recovery Act of 1976 Comprehensive Environmental Response, Compensation and Liability Act National Historic Preservation Act Archaeological and Historic Preservation Act Archaeological Resources Protection Act American Antiquities Act of 1906 Land and Water Conservation Fund Act Clean Water Act Executive Order (Wetlands) Economic, Social and Environmental Effects Public involvement, interagency coordination 12

13 Levels of NEPA Study and Federal Review Categorical Exclusion (CATEX) for action that does not individually or cumulatively result in significant impacts. Environmental Assessment (EA) for project that does not fall within the scope of a CATEX or has one or more extraordinary circumstances. Environmental Impact Statement (EIS) for actions with significant impacts. (Order F, chapter 3) 13

14 Type of NEPA Levels of NEPA Review- Roles Sponsor FAA FAA Decision CATEX Prepares Reviews CATEX Determination EA Prepares Reviews FONSI, FONSI/ROD, Or prepare EIS EIS Assists FAA Prepares ROD 14

15 What projects qualify for CATEX? Projects must be listed as a CATEX in the Order to qualify as a CATEX All the same: Categorical Exclusion CatEx CE 15

16 CatEx (CE) Documentation Airport sponsors can often complete CE documentation for routine actions: Address all resources categories Submit to FAA ADO More complicated CEs may require Specialized assistance to sponsor such as a city or county planning department staff or Consultant assistance FAA ADOs can help you separate do it yourself from need a pro CE situations 16

17 Environmental Assessment (EA) An EA must be prepared for a proposed action if: It is not categorically excluded It is normally categorically excluded, but involves one or more extraordinary circumstance that may impact the human environment, or The action does not normally require an EIS and is not categorically excluded EA is a concise document used to describe a proposed action s anticipated environmental impacts 17

18 Finding of No Significant Impact (FONSI) FONSI is a finding made by the responsible FAA official after an EA is complete. Issuance of a FONSI signifies that the FAA will not prepare an EIS and has completed the NEPA process. Allows project funding and development to proceed 18

19 Environmental Impact Statement (EIS) New Runway or New Terminal. We ll let you know. 19

20 NEPA Document Timing What Level of Study Do I Need? Coordinate early with FAA Airport Planner Environmental Protection Specialist Project Manager Tip: Utilize Master Plan process for early identification of environmental issues 20

21 How Long Does It Take? It depends Planning?? Complexity of the project Timeliness of surveys/reports Response from other agencies Quality of submittals 21

22 How Long Does It Take? Cont. If there are no unexpected environmental issues, planning has been completed and quality of submittals CE about 1 week to 6 months (depends on extraordinary circumstances) EA about 18 to 24 months to a FONSI EIS on average about 3 to 4-years to a ROD 22

23 NEPA Document Timing The Big Question When should I submit my documents* Potential CE Projects: 6 months prior to the Federal Action Potential EA Projects: these are prior to Federal Action Biological Assessment 19 months Map of Area of Potential Effect (APE) 22 months Cultural Report 22 months Draft EA 15 months 23

24 NEPA Document Timing Objective is to complete the NEPA process in advance of the funding need date or proposed project construction schedule Why Start the Environmental Early? Provide sufficient time to ensure NEPA documentation and FAA decision is completed to meet the need date FAA will need to determine if additional information requirements are needed Special Purpose Law Consultations. These are Federal laws, regulations, executive orders or departmental orders that are required outside of NEPA. Endangered Species Act * Coastal Zone Management Act National Historic Preservation Act * Air Quality Act Floodplains Clean Water Act *FAA consultation required if any potential impacts 24

25 Extraordinary Circumstances Factors or circumstances which a normally categorically excluded action may have a significant environmental impact that then requires further analysis in an EA or EIS For FAA, extraordinary circumstances must have the potential for a significant impact. Identified extraordinary circumstances can be eliminated in order to apply a CatEx. Some kinds of extraordinary circumstances are: 25

26 Extraordinary Circumstances An adverse effect on cultural resources Impact on properties protected under Section 4(f) Impact on natural, ecological, or scenic resources of Federal, state, tribal or local significance (T&E species / critical habitat, natural resources and energy supply) Impact on resources wetlands, floodplains etc. Division or disruption of established community Increase in congestion from surface transportation Impact on noise levels of sensitive Impact on air and water quality 26

27 Project Development Issues Concerned citizens Special Interests Regulatory agencies Political considerations 27

28 Common Trouble Spots Purpose and Need Alternatives Cumulative Effects Compliance with Special Purpose Laws 28

29 Common Trouble Spots Responses to Public Comments Response to Resource Agency Concerns Accounting for New Information Insufficient Administrative Record 29