NEPA - CATEGORICAL EXCLUSIONS (CATEX)

Transcription

1 NEPA - CATEGORICAL EXCLUSIONS (CATEX) Natural Resources Management Workshop: Stacy Dunkin, Biologist, CESWT-OD-NRM Brandon Moore, Civil Engineer, CELRH-OR-TR Francisco Salazar, Nat Res Mgmt Spec, CESPA-OD-S April 2017 Environmental Compliance Hrs File Name The views, opinions and findings contained in this report are those of the authors(s) and should not be construed as an official Department of the Army position, policy or decision, unless so designated by other official documentation.

2 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) OF 1969 Established national framework for protecting the environment Umbrella law All branches of GOV must give proper consideration to the environment prior to undertaking a major federal action Specifies that federal agencies must comply with federal regulations Activities at our facilities should be checked for NEPA compliance Exceptions: categorical exclusions (a.k.a. cat-x s) Community Impacts Endangered Species Safety Wetlands Cultural Resources Context-Sensitive Solutions State and Local Laws Applicable Federal Laws Air Quality Parkland Farmland and more BUILDING STRONG

3 NEPA Part Purpose NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carrying out the policy The President, the Federal agencies, and the courts share responsibility for enforcing the Act Goal Make decisions based on understanding of environmental consequences to protect, restore & enhance the environment BUILDING STRONG

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5 NEPA PROCESS Analyzes & discloses significant impacts an action may have on quality of human environment 3 main parts to NEPA review: 1. Is proposed action categorically excluded (CE)? 2. Is an Environmental Assessment (EA) required? FONSI? 3. Is an Environmental Impact Statement (EIS) required?

6 CATEGORICAL EXCLUSION LIST IN ER a. Activities at completed Corps projects which carry out the authorized project purposes. Examples include routine operation and maintenance actions, general administration, equipment purchases, custodial actions, erosion control, painting, repair, rehabilitation, replacement of existing structures and facilities such as buildings, roads, levees, groins and utilities, and installation of new buildings utilities, or roadways in developed areas. b. Minor maintenance dredging using existing disposal sites. d. All Operations and Maintenance grants, general plans, agreements, etc. necessary to carry out land use, development and other measures proposed in project authorization documents, project design memoranda, master plans, or reflected in the project NEPA documents. File Name

7 CATEGORICAL EXCLUSION LIST IN ER (CONT.) 7 h. Real estate grants for rights-of-way which involve only minor disturbances to earth, air, or water: (1) Minor access roads, streets and boat ramps. (2) Minor utility distribution and collection lines, including irrigation. (3) Removal of sand, gravel, rock, and other material from existing borrow areas. (4) Oil and gas seismic and gravity meter survey for exploration purposes. k. Renewal and minor amendments of existing real estate grants evidencing authority to use Government-owned real property. File Name

8 ER ENVIRONMENTAL COMPLIANCE POLICIES 8 Chapter 2 Environmental Compliance for Civil Works Operations Section 2-1 Responsibilities a. The Chief of Operations or Operations Project Manager (OPM) is responsible for environmental compliance, performance for all activities within the boundaries of their Project, District, or Division as well as HQ USACE. e. Coordination of Requirements for Contracts, Real Estate Agreements, and Permit Requests. (1) The USACE proponent for contracts, real estate actions, permits and other agreements affecting Civil Works Operations controlled lands and waters shall coordinate all requirements and agreements with the Operations element for environmental compliance review prior to finalization of requirements. (2) The Operations element is responsible for reviewing and approving environmental requirements for contract, real estate, and permit actions affecting lands and waters under the control of Operations. Reviews and coordination with the OPM and Operations business line personnel for environmental compliance will be documented prior to submission of the requirements to the respective Contracting, Real Estate, Regulatory, or other element for finalization within the terms of the agreement.

9 LETTER OF REQUEST

10 PROJECT CHECK LIST

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13 REPORT OF AVAILABILITY (ROA) PART A

14 REPORT OF AVAILABILITY (ROA) PART B

15 GUIDANCE 15 ER (Procedures for implementing NEPA) Categorical Exclusion 9(a). Activities at completed Corps projects which carry out the authorized project purposes. Examples include: Routine operation and maintenance actions, general administration, equipment purchases, custodial actions, erosion control, painting, repair, rehabilitation, replacement of existing structures and facilities such as buildings, roads, levees, groins and utilities, and installation of new buildings utilities, or roadways in developed areas.

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17 RECORD OF ENVIRONMENTAL CONSIDERATION (REC) 17

18 T&E SPECIES DOCUMENTATION (ESA SECTION 7) 18

19 USFWS OFFICIAL SPECIES LIST 19

20 SPECIES CONCLUSION TABLE 20

21 CULTURAL RESOURCES FIELD SURVEY (NHPA SECTION 106) 21

22 SUPPORTING DOCUMENTS 22

23 SPA PROJECT INITIATION REQUEST FORM (PIRF) 23

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25 SPK PROJECT ENVIRONMENTAL EVALUATION REPORT 25

26 REC Example Flannagan Waterline

27 REC Example

28 SPK PROJECT ENVIRONMENTAL EVALUATION REPORT 28

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