National Environmental Policy Act ACECNJ/NJDOT/FHWA 2013 DESIGN SUMMIT

National Environmental Policy Act ACECNJ/NJDOT/FHWA 2013 DESIGN SUMMIT

Dana Hecht, NJDOT Jo Ann Asadpour, NJDOT Ileana Ivanciu, ACEC Bruce Riegel, ACEC

Background of the legislation Parties and their roles Classes of Action The process Streamlining the process The future under MAP-21

Transportation activities with federal funding must: Comply with all applicable environmental requirements, including NEPA and Section 4(f) Prepare documentation of compliance Evaluate alternatives (including a no action or no-build alternative) Inform governmental entities and the public and provide them an opportunity to be involved in decision-making Implement measures to avoid, minimize or mitigate environmental impacts

Americans with Disabilities Act Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Section 4(f) of USDOT Act (49 USC 303) National Historic Preservation Act Highway Noise Standards Clean Air Act Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Title VI of Civil Rights Act of 1964 Endangered Species Act Executive Order 11988 (Floodplain Management) Archaeological and Historic Preservation Act Safe Water Drinking Act Farmland Protection Policy Act Economic, Social and Environmental Effects of Highways and Transit Executive Order 12898 (Environmental Justice) Solid Waste Disposal Act Emergency Planning and Community Right to Know Act of 1986 Resource Conservation and Recovery Act of 1976 (RCRA) Archaeological Resources Protection Act Section 6(f) of the Land and Water Conservation Act Executive Order 11990 (Wetlands) Public Hearing Requirements and more...

Federal FHWA: Lead agency authorizing funding USACE: Permitting agency US Coast Guard: Permitting agency ACHP: Cultural resource lead

State NJDOT: Stewards of federal process NJDEP: Lead permitting agency SHPO: Steward of federal and state cultural resources Historic Sites Council: Responsible for listed historic resources State House Commission: Responsible for stewardship of state-owned properties

Categorical Exclusion Actions that do not individually or cumulatively involve significant social, economic or environmental impacts Route 159 Bridge

Environmental Assessment Typically prepared when it is unclear if Action will have significant impact Riverside Towers Apartments Rutgers University Gibbons Residences Rutgers University/ Raritan River Tributary (Wooded Area) Dewey Heights/TOV Manor Neighborhoods Rutgers University Antilles Field Historic Wall and Rock Outcrop New Brunswick Apartments City of New Brunswick Commercial Area Northeast Corridor Rail Road Bridge (Project Northern Limit) Route 18, New Brunswick March 16, 2010 Carpender Road Neighborhood Raritan Gardens Apartments Route 1 Interchange (Project Southern Limit) Raritan River Tributary (Wooded) City Docks Area Rutgers University Boat House Raritan Riverbank (Wooded) Boyd Park Other Residential Areas To Be Developed Former City of New Brunswick Police Station River Watch Commons

Environmental Impact Statement Prepared when an Action is likely to cause significant impacts to the human and natural environment I-295 / I-76 / Rt. 42 Direct Connection Interchange

Environmental Assessment Finding of No Significant Impact (FONSI) Environmental Impact Statement Record of Decision (ROD)

States the Decision and Basis for Decision Outlines the public and agency coordination Environment findings Social, Economic, Environmental and Transportation Impacts Measures to minimize harm Mitigation commitments Ecology Section 4(f) Socio-economic Air Hazmat Cultural Resources Noise Public

Pulaski Skyway State level little NEPA Same resource areas Only analyzes the preferred alternative EA or EIS based on total cost and area of disturbance Not needed for projects under $1 million if they can be classified as a NEPA CED, EA or EIS

For limited scope projects, by the end of CD For all others, by the end of the PE phase Coordination is ongoing through Final Design, Construction and beyond

Published: April 23, 1970 Copyright The New York Times The year 1970 saw the first Earth Day so it is no wonder that the Federal government realized that policies were needed to provide balance between a sustainable environment and the essential needs of future American generations. Published: April 23, 1970 Copyright The New York Times

The National Environmental Policy Act of 1969 was signed on January 1, 1970. President Nixon Signs the National Environmental Policy Act. 1970. Photograph. Nixon Presidential Library, Washington, DC. Flickr. US Department of Agriculture, 22 Mar. 2012. Web. 6 May 2013.

Establishes National Policy Mandates Consideration of Environmental Issues in Decision-Making Establishes the Council on Environmental Quality

NJDOT prepared with or without designer support Designer prepared with NJDOT support

Socio-economic Cultural Resources Section 4(f) Noise Ecology Air Hazmat Public

Technical Analysis (CD/PE) Documentation (CD/PE) Coordination (through construction and beyond) NEPA

Social Factors Land Use Displacement Neighborhood and Community Disruption Environmental Justice

Economic Factors Costs (capital and operating) Employment Effect on business, community, etc.

Natural and Physical Environment Threatened and Endangered Species Wetlands Water Resources Air Quality Noise and Vibration Geology

Transportation Factors Ridership Traffic Parking Access and Circulation Intermodal Opportunities

Purpose & Need Develop Alternatives Technical Studies/ Alternatives Analysis Draft Environmental Impact Statement Distribution/ Public Hearing Final Environmental Impact Statement/ Record of Decision Design Include NEPA Commitments Construction Implement NEPA Commitments

Screening Identify Environmental Constraints Alternatives Analysis Preliminary Preferred Alternative NEPA Classification Document Preparation TES TES Section 106/MOA Green Acres Section 4(f) 4(f) NJ NJ Register Environmental Document Compliance Permits Environmental Commitments Environmental Plan Plan Sheets

Prepare final design Ensure compliance with environmental approval (ROD, FONSI) Continue agency coordination/ pre-application meetings Submit permit applications Identify permit conditions in final environmental plans/specifications

How can we streamline the process?

Early Agency Involvement Active and Consistent Participation Partnering SHPO Coordination FHWA/NJDOT Self Certification NEPA/USACE 404 Permit Merger Streamlining the Environmental Review Process

Planning (Concept Development) and Environmental Linkage Coordinated and Responsive Agency Involvement Professional Facilitator to Align Expectations Up Front and Manage Media Relations

Context-Sensitive Design Solutions Up-Front Environmental Commitments Dispute-Resolution Process Route 18, New Brunswick

Select Best Alternative to Avoid, Minimize and Mitigate Impacts to the Greatest Extent Possible Minimize Environmental Review Time Minimize Change at the FEIS and Permitting Stage

NJDEP (various units) USEPA USACOE DVRPC DRBC USCG USFWS US Dept of Commerce National Marine Fisheries Service

Adopt Common Guiding Principles Develop Process with Buy-in from All Participants Consensus-Based Approach Build Trust and Respect with All Parties Deliver on Commitments

Concurrence Point Concurrence Point Concurrence Point Purpose & Need Develop Alternatives Technical Studies/ Alternatives Analysis Draft Environmental Impact Statement Distribution/Public Hearing (dual, for DEIS and Section 404 Permit) Final Environmental Impact Statement/ Record of Decision and Conceptual 404 Permit Design Include NEPA Commitments Construction Implement NEPA Commitments

Assertive Public Relations Campaign Publicize Detailed PIAP and Process Flow Chart Website Links to other Web Sites & News Letters AAA, DVRPC Local Newspaper Articles/Interviews Press Releases Newsletters Personalized Responses to Stakeholders Inquiries

Moving Ahead for Progress in the 21 st Century Act (MAP 21) Shorter time frames CEDs for new categories, for projects that are: multi-modal repairing roads damaged in a declared disaster within existing operational ROW receiving limited Federal assistance Combining documents for concurrent review (such as FEIS and ROD)