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Dec 20, 2023 •199 likes •450 views

NEPA Documents Shane Marshall, P.E. Region Three Program Manager Topics Brief explanation of NEPA Types of NEPA documentation Time Frames National Environmental Policy Act A national policy to encourage productive and enjoyable

  1. NEPA Documents Shane Marshall, P.E. Region Three Program Manager

  2. Topics  Brief explanation of NEPA  Types of NEPA documentation  Time Frames

  3. National Environmental Policy Act  A national policy to encourage productive and enjoyable harmony between man and his environment – Prevent or eliminate damage to the environment – Stimulate the health and welfare of man – Enrich understanding of natural resources important to the nation  Use all practical means and measures to – Foster and promote the general welfare – Create and maintain conditions under which man and nature exist – Fulfill social, economic, and other requirements of present and future generations of Americans

  4. FHWA NEPA Process “Umbrella” • Economic, Social, and Environmental • Endangered Species Act – Section 7 Effects (23 USC 109(h)) analysis • Civil Rights Act • Public involvement, interagency • Executive Order 12898 (Environmental coordination Justice) • Tribal consultation • Section 4(f) of USDOT Act (49 USC 303) - Parks, recreation, etc • Location, design, and engineering • Clean Air Act • Uniform Relocation Assistance and Real Property Acquisition Policies Act • Safe Water Drinking Act of 1970 • Clean Water Act 404(b)(1) • Noise Standards • Farmland Protection Policy Act • Public Hearing Requirements • National Historic Preservation Act • Americans with Disabilities Act • Floodplains

  5. Elements of the NEPA Process  Purpose and Need  Alternatives analysis  Impact analysis  Mitigation  Public involvement  Interagency coordination  Documentation

  6. Types of NEPA Documentation  Categorical Exclusion  Environmental Assessment – FONSI  Environmental Impact Statement (EIS) – Draft EIS – Final EIS – Record of Decision (ROD)

  7. Proposed Action Coordination and Analysis YES Significant Impact ? NO Unknown Listed Documented Significant Environmental Notice of Intent & Scoping Assessment Process CE CE impact Draft EIS Coordination and No significant analysis as needed impacts Public Comment Document Final EIS Finding of No appropriately Significant Impact (FONSI) Record of Decision (ROD) Agency Action Agency Action Agency Action

  8. Significant Impacts Intensity Context + Significant Impact

  9. Proposed Action Coordination and Analysis YES Significant Impact ? NO Unknown Listed Documented Significant Environmental Notice of Intent & Scoping Assessment CE Process CE impact Draft EIS Coordination and No significant analysis as needed impacts Public Comment Document Final EIS Finding of No appropriately Significant Impact (FONSI) Record of Decision (ROD) Agency Action Agency Action Agency Action

  10. Categorical Exclusion  Actions which do not individually or cumulatively have a significant effect on the human environment  Based on past experience with similar actions, do not involve significant environmental impacts  Individual project approval required based on submitted documentation (CatEx Form)  Neither an EA nor EIS is required

  11. Analysis and Documentation CatEx Form – Purpose and Need – Project description – Define the extent of impacts – Identify mitigations and commitments – Address other actions required

  12. Proposed Action Coordination and Analysis YES Significant Impact ? NO Unknown Listed Documented Significant Environmental Notice of Intent & Scoping Assessment CE Process CE impact Draft EIS Coordination and No significant analysis as needed impacts Public Comment Document Final EIS Finding of No appropriately Significant Impact (FONSI) Record of Decision (ROD) Agency Action Agency Action Agency Action

  13. Environmental Assessment Document prepared for an action … … where the significance of the social, economic, and environmental impacts are not clearly established - Concise public document - Briefly provide evidence and analysis - Include brief discussions of identified resources - Not contain long descriptions or detailed data - Not mini EISs

  14. Finding Of No Significant Impact • Document that briefly presents why the action does not have a significant impact • Includes and references the EA  Approved by FHWA Division  Notice of availability – sent to affected agencies – sent to Statewide clearinghouse – published in local newspaper (recommended)  Available upon request by the public

  15. Proposed Action Coordination and Analysis YES Significant Impact ? NO Unknown Listed Documented Significant Environmental Notice of Intent & Scoping Assessment Process CE CE impact Draft EIS Coordination and No significant analysis as needed impacts Public Comment Document Final EIS Finding of No appropriately Significant Impact (FONSI) Record of Decision (ROD) Agency Action Agency Action Agency Action

  16. Scoping  Early involvement with affected agencies and interested public – Invite participation – Determine the scope of the study – Determine important vs minor issues – Determine purpose and need – Identify other studies in area

  17. Draft EIS Notice of Intent & Scoping Process Draft EIS Public Comment Final EIS Record of Decision (ROD) Agency Action

  18. DEIS Document  Purpose and Need  Alternatives  Affected Environment - Existing Setting – Social, economic and natural environmental – Environmentally Sensitive Features  Environmental Consequences – Probable Environmental Impacts and Mitigation  Comments and coordination

  19. Final EIS Notice of Intent & Scoping Process Draft EIS Public Comment Final EIS Record of Decision (ROD) Agency Action

  20. Final EIS “Additions”  Preferred alternative and basis for decision  Alternatives not preferred and reason why  Mitigation and enhancement measures  Major unresolved issues and approach to resolve them  Coordination, comments, and responses

  21. Record of Decision Notice of Intent & Scoping Process Draft EIS Public Comment Final EIS Record of Decision (ROD) Agency Action

  22. Record of Decision  Incorporate by reference and cross reference FEIS  Decision - identify selected alternative  Alternatives considered - Discuss values considered and basis of decision  Measures to minimize harm - describe mitigation  Monitoring or enforcement program included  Comments on FEIS - substantive comments and responses

  23. Proposed Action Coordination and Analysis YES Significant Impact ? NO Unknown Listed Documented Significant Environmental Notice of Intent & Scoping Assessment Process CE CE impact Draft EIS Coordination and No significant analysis as needed impacts Public Comment Document Final EIS Finding of No appropriately Significant Impact (FONSI) Record of Decision (ROD) Agency Action Agency Action Agency Action

  24. Time Frames  CatEx – Part of the design process – Must be competed prior to final design – Range from weeks to months  Environmental Assessment – National average – 24 Months – UDOT average – 20 months – Goal – 12 months  Environmental Impact Statements – National average – 60 months – UDOT average – 40 months – Goal – 36 months

  25. Questions?

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