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“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.”

Natural Resources Management Workshop:

Stacy Dunkin, Biologist, CESWT-OD-NRMBrandon Moore, Civil Engineer, CELRH-OR-TRFrancisco Salazar, Nat Res Mgmt Spec, CESPA-OD-S

20 April 2017Environmental Compliance1300-1400 Hrs

NEPA - CATEGORICAL EXCLUSIONS (CATEX)

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File Name

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)

BUILDING STRONG®

Community ImpactsEndangered Species

SafetyWetlands

Cultural ResourcesContext-Sensitive Solutions

State and Local LawsApplicable Federal Laws

Air QualityParklandFarmlandand more

NEPA Part 1500.1 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 environmentalconsequences to protect, restore & enhance the environment

BUILDING STRONG®

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?

CATEGORICAL EXCLUSION “LIST” IN ER 200-2-2

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

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CATEGORICAL EXCLUSION “LIST” IN ER 200-2-2 (CONT.)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

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ER 200-2-3 ENVIRONMENTAL COMPLIANCE POLICIES8

Chapter 2 Environmental Compliance for Civil Works OperationsSection 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.

LETTER OF REQUEST

PROJECT CHECK LIST

REPORT OF AVAILABILITY (ROA) PART A

REPORT OF AVAILABILITY (ROA)PART B

GUIDANCE

ER 200-2-2 (Procedures for implementing NEPA)

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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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RECORD OF ENVIRONMENTAL CONSIDERATION (REC)17

T&E SPECIES DOCUMENTATION (ESA SECTION 7)

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USFWS OFFICIAL SPECIES LIST 19

SPECIES CONCLUSION TABLE20

CULTURAL RESOURCES FIELD SURVEY(NHPA SECTION 106)

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SUPPORTING DOCUMENTS22

SPA PROJECT INITIATION REQUEST FORM (PIRF) 23

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SPK PROJECT ENVIRONMENTAL EVALUATION REPORT25

REC Example – FlannaganWaterline

REC Example

SPK PROJECT ENVIRONMENTAL EVALUATION REPORT28

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