NEPA Changes For Local Government

A New Approach to A New Approach to NEPA NEPA

for County Projectsfor County Projects

November 17, 2011November 17, 2011

NEPANEPA

National Environmental Policy ActNational Environmental Policy Act Applies to decisions by federal agenciesApplies to decisions by federal agencies

For example, funding BRO, STP projectsFor example, funding BRO, STP projects Projects requiring Corps PermitsProjects requiring Corps Permits

Multidisciplinary approach to consider Multidisciplinary approach to consider social and environmental effects of a social and environmental effects of a project, and include measures to project, and include measures to minimize harmminimize harm

NEPANEPA

Purpose and Need Purpose and Need What is the problem to be solved?What is the problem to be solved?

Range of AlternativesRange of Alternatives

Tribal, Public and Agency InvolvementTribal, Public and Agency Involvement Tribal Consultation by ODOTTribal Consultation by ODOT Property owner notices by the CountyProperty owner notices by the County Public meetings by the CountyPublic meetings by the County Agency Consultation by ODOTAgency Consultation by ODOT

NEPANEPA

Public parks, Wildlife Management Public parks, Wildlife Management Areas and Historic sites, districts, and Areas and Historic sites, districts, and structures (including bridges) receive structures (including bridges) receive extra protection. Alternates “using” extra protection. Alternates “using” these resources must be shown to these resources must be shown to have no other “prudent and feasible” have no other “prudent and feasible” option. This will require coordination option. This will require coordination with the County’s engineers.with the County’s engineers.

Changes to ProcessChanges to Process

All County NEPA work is now Task Ordered to All County NEPA work is now Task Ordered to an ODOT contracted qualified consultant an ODOT contracted qualified consultant

Costs still paid by ODOTCosts still paid by ODOT Existing NEPA Procedures are the sameExisting NEPA Procedures are the same County involved with setting the Milestone County involved with setting the Milestone

schedule in the Task Orderschedule in the Task Order County will review and approve changes to County will review and approve changes to

the schedulethe schedule County will sign the NEPA documentCounty will sign the NEPA document

The Benefits…The Benefits… No More “Black Box”No More “Black Box” More one-on-one coordination with County More one-on-one coordination with County

Commissioners and County EngineersCommissioners and County Engineers Direct involvement between the NEPA Direct involvement between the NEPA

consultant and the County Commissioner consultant and the County Commissioner and their design engineer will result in less and their design engineer will result in less chance of “fumbles” and chance of “fumbles” and miscommunications.miscommunications.

Project Changes that can result in schedule Project Changes that can result in schedule problems will be identified earlier. problems will be identified earlier.

Sometimes design modifications can speed Sometimes design modifications can speed NEPANEPA

Getting StartedGetting Started

A complete and accurate Project Checklist A complete and accurate Project Checklist and Footprint provided to ODOT is and Footprint provided to ODOT is criticalcritical to a quick start…to a quick start…

If all required information is received, then If all required information is received, then the County will be asked to select from the County will be asked to select from ODOT’s list of contracted NEPA consultants ODOT’s list of contracted NEPA consultants (Rank top 3)(Rank top 3)

Consultant availability is subject to Consultant availability is subject to contract capacity constraints.contract capacity constraints.

New NEPA Consultants New NEPA Consultants

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & CompanyC.H. Guernsey & Company

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company

CP&Y, Inc.CP&Y, Inc.

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc.

Enercon Services, Inc.Enercon Services, Inc.

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc. Enercon Services, Inc. Enercon Services, Inc.

EST, Inc.EST, Inc.

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc. Enercon Services, Inc. Enercon Services, Inc. EST, Inc. EST, Inc.

Garver, LLCGarver, LLC

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc. Enercon Services, Inc. Enercon Services, Inc. EST, Inc. EST, Inc. Garver, LLC Garver, LLC

H.W. Lochner, Inc.H.W. Lochner, Inc.

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc. Enercon Services, Inc. Enercon Services, Inc. EST, Inc. EST, Inc. Garver, LLC Garver, LLC H.W. Lochner, Inc. H.W. Lochner, Inc.

Jacobs Engineering Group, Inc.Jacobs Engineering Group, Inc.

New NEPA Consultants New NEPA Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc. Enercon Services, Inc. Enercon Services, Inc. EST, Inc. EST, Inc. Garver, LLC Garver, LLC H.W. Lochner, Inc. H.W. Lochner, Inc. Jacobs Engineering Group, Inc. Jacobs Engineering Group, Inc. Kleinfelder Central, Inc. Kleinfelder Central, Inc.

New NEPA Contract New NEPA Contract Consultants Consultants

C.H. Guernsey & Company C.H. Guernsey & Company CP&Y, Inc. CP&Y, Inc. Enercon Services, Inc. Enercon Services, Inc. EST, Inc. EST, Inc. Garver, LLC Garver, LLC H.W. Lochner, Inc. H.W. Lochner, Inc. Jacobs Engineering Group, Inc. Jacobs Engineering Group, Inc. Kleinfelder Central, Inc. Kleinfelder Central, Inc.

Limited capacity available with these current Consultants:Limited capacity available with these current Consultants: CobbCobb URSURS

Getting StartedGetting Started

Local Government and Environmental Local Government and Environmental Programs will arrange for a meeting to Programs will arrange for a meeting to discuss NEPA scope and milestone discuss NEPA scope and milestone schedule. The County Commissioner and schedule. The County Commissioner and their design engineer will need attend in their design engineer will need attend in person or by conference callperson or by conference call

Once the Task Order is issued, the Once the Task Order is issued, the consultant acts as the ODOT NEPA Project consultant acts as the ODOT NEPA Project Manager.Manager.

Staying in the LoopStaying in the Loop

The Consultants will be working directly The Consultants will be working directly with the County and the designer to with the County and the designer to perform needed studies. Information perform needed studies. Information needs are coordinated directly between needs are coordinated directly between these parties.these parties.

The County will receive Monthly Progress The County will receive Monthly Progress reports, and be copied on all inquiries and reports, and be copied on all inquiries and coordination between the consultant and coordination between the consultant and ODOT.ODOT.

Getting to the Finish LineGetting to the Finish Line

Once all studies (and preliminary plans Once all studies (and preliminary plans needed to complete the studies) and needed to complete the studies) and agency consultations (by ODOT) are agency consultations (by ODOT) are complete, the Consultant will prepare a complete, the Consultant will prepare a draft NEPA document to submit to ODOT. draft NEPA document to submit to ODOT.

Once this document meets a procedural Once this document meets a procedural check, the Consultant will prepare the check, the Consultant will prepare the NEPA document and obtain the County NEPA document and obtain the County Commissioner’s signature.Commissioner’s signature.

The document is then submitted to ODOT The document is then submitted to ODOT and FHWA approval, if appropriateand FHWA approval, if appropriate

““What Am I Signing?”What Am I Signing?”

The NEPA document is a decision document The NEPA document is a decision document that leads to the eligibility of federal funds that leads to the eligibility of federal funds

Commitments identified in the document Commitments identified in the document must be incorporated in the project. (404 must be incorporated in the project. (404 permit, avoidance of impacts to endangered permit, avoidance of impacts to endangered species, marketing historic bridges, etc.) species, marketing historic bridges, etc.)

Federal funding is contingent upon fulfilling Federal funding is contingent upon fulfilling these commitmentsthese commitments

Please ask for explanations and understand Please ask for explanations and understand what the project will requirewhat the project will require

A few points of emphasis:A few points of emphasis:

Tribal and Resource Agency Tribal and Resource Agency Consultation must be done by ODOT Consultation must be done by ODOT only. FHWA will not allow this work only. FHWA will not allow this work to be delegated by ODOT.to be delegated by ODOT.

The NEPA process cannot begin until The NEPA process cannot begin until a complete checklist and footprint is a complete checklist and footprint is approved, and a consultant Task approved, and a consultant Task Order is issued.Order is issued.

A few points of emphasis:A few points of emphasis:

Preliminary plans with proposed Preliminary plans with proposed temporary and permanent R/W must be temporary and permanent R/W must be available in order to complete NEPA. available in order to complete NEPA. Footprint and plans must be consistent.Footprint and plans must be consistent.

NEPA documents have a 3 year “Shelf NEPA documents have a 3 year “Shelf Life”. Projects that are not let with 3 Life”. Projects that are not let with 3 years of the NEPA approval may require years of the NEPA approval may require additional studies…additional studies…

New Streamlining EffortNew Streamlining Effort

ODOT and FHWA have a new ODOT and FHWA have a new Programmatic AgreementProgrammatic Agreement

Allows ODOT to certify the NEPA Allows ODOT to certify the NEPA document for FHWAdocument for FHWA

Expedites some projectsExpedites some projects

TimelineTimeline 8 months for a typical bridge project 8 months for a typical bridge project

or 1 mile of roadwayor 1 mile of roadway Longer, more complex projects, or Longer, more complex projects, or

Projects involving historic structures, Projects involving historic structures, parks, or endangered species will parks, or endangered species will take longertake longer

These issues generally require These issues generally require additional engineering and public additional engineering and public involvement. The faster this is done involvement. The faster this is done the faster the project can be cleared.the faster the project can be cleared.

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What if the County wants to use a What if the County wants to use a NEPA consultant that isn’t on the list?NEPA consultant that isn’t on the list? The County may elect to directly hire The County may elect to directly hire

NEPA. ODOT will provide the required NEPA. ODOT will provide the required scope of work to assist the County in scope of work to assist the County in negotiation of scope and fee. The negotiation of scope and fee. The required NEPA process, including ODOT required NEPA process, including ODOT led consultation, is the same.led consultation, is the same.

Additional Questions?Additional Questions?

ODOT ContactsODOT Contacts

Dawn Sullivan, ODOT Environmental Dawn Sullivan, ODOT Environmental Programs Div. Engineer - 405-521-Programs Div. Engineer - 405-521-29272927

Siv Sundaram, Assistant Division Siv Sundaram, Assistant Division EngineerEngineer

Environmental Programs - 405-522-Environmental Programs - 405-522-37913791