environmental review - washington · environmental review a coordinated approach 1 ... funding:...

SEPA 2013 - S28 NEPA/SERP

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Environmental Review

A Coordinated Approach

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Most infrastructure funding requires an environmental review – But what

type of review?

Ecology Wastewater SRF: SERP and federal cross cutters

Dept of Health Drinking Water SRF:SEPA/SERP

Community Dev. Block Grant: SEPA/NEPA

USDA Rural Development: NEPA

Public Works Board: SEPA/05-05

State Special Legislative Funding: SEPA

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Timing of the environmental review

Ecology Wastewater SRF SERP- during planning; Federal cross cutters – Prior to construction

Dept of Health Drinking Water SRF:SEPA/SERP Prior to construction

Community Dev. Block

Grant: SEPA/NEPA –

Prior to construction

USDA Rural Development: NEPA- During application stage

Public Works Board: SEPA/05-05-Prior to construction

State Special Legislative Funding: SEPA – After award of funds

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We have completed SEPA – does that cover the other environmental

reviews? • NEPA /SRF Environmental Review requires

additional review because of Federal environmental regulations – for example: – Coastal Zone Management Act- Department of

Ecology

– ESA Consultation – US Fish and Wildlife, National Marine Fisheries Service

– Executive Order 11990 (for wetlands) - Each agency SHALL provide leadership and take action to minimize the destruction, loss or degradation of wetlands.

– Floodplain Management – FEMA

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Other Differences

• Some agency regulations that emphasize certain resources: – CDBG-HUD four additional law and authorities: Noise

Abatement, Explosive & Flammables, Toxics Chemicals and Airport Clear zones.

– CDBG and RD policies on impacting floodplains – Uses an 8-step process for wetlands/floodplains.

– RD policies on prohibiting impacting wetlands.

– RD policies on discussing cumulative impacts in the environmental document.

– SRF/RD require that alternatives considered are discussed in the environmental report.

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My project needs permits such as a Corp of Engineer permit – do I need it

before the environmental review process is complete?

• Generally not, however…

– The permit process may require an environmental review by the other agency

Find out what permits may be required – inform the agencies that you would like to coordinate the environmental review.

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What is an applicant to do?

• Will your project receive funding from multiple agencies?

• Are you hoping to receive federal funding for the project?

• What funding agencies might you be applying to? • Have you told them that you may need more

than one funding agency?

Ask the agencies to coordinate the environmental review.

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CLASSES OF NEPA/ENV. REV.

Categorical Exclusion

Environmental Impact Statement (EIS)

Environmental Report/ Assessment

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Classes of NEPA/Env. Rev.: Categorical Exclusion

• Replacement of Equipment – no construction.

• Financing of an existing business purchase.

• Replacement of a small amount of pipeline in same location with no effect to any environmental factor.

• Technical Assistance.

• Environmental Studies. 9

Classes of NEPA/Env. Rev.: Environmental Report/Assessment

• Actions having possibility to result in significant environmental impacts.

• Concise public document.

• Provides sufficient evidence and analysis to:

– Consider the report an Environmental Assessment.

– Prepare an EIS.

– Finding of No Significant Impact (FONSI).

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Environmental Reports/Assessments

• Actions having possibility to result in significant environmental impacts.

• Concise public document.

• Provides sufficient evidence and analysis for determining whether to prepare an EIS or a Finding of No Significant Impact (FONSI).

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Examples of projects needing Environmental Reports/Assessments:

• Additions to existing Public and Community Facilities, water/wastewater plants where site conditions change.

• Significant amounts of pipe replacement.

• New public, community, wastewater or water facilities.

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• New public, community, wastewater/water facilities that may impact several environmental parameters such as wetlands, floodplains, prime farmland.

• Actions that may be controversial for some reason – high costs to consumer

• A complicated project affecting more than one community.

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Classes of NEPA/Env. Rev.: Environmental Impact Statement

• A full and fair discussion of significant environmental impacts.

• Informs decision-makers and the public of the reasonable alternatives to avoid or minimize adverse impacts or enhance the quality of the human environment.

Note: CDBG does not fund EIS or projects that require EIS.

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Are there publications that must be completed?

There are differences in public participation • Some require a preliminary public notice and final notice

and/or FONSI/ROF – RD – Impacting prime forestland, farmland, wetlands,

floodplains. – CDBG: Impacting floodplains/wetlands. – STAG: Requires FONSI publication. – SRF Env. Rev.: SEPA documentation and a public meeting,

floodplains, and wetlands. – SEPA: Determination of the action (Non-Significance, mitigation

non-significance, significance).

Federal agencies are allowed to be cooperative partners but must be named in the publications. Due to language requirements, may need two publications.

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Cumulative Impacts

• Definition: “Impact on the environment which results from the incremental impact of the proposed action when added to other past, present, and reasonably foreseeable future actions regardless of what agency (Federal or non-Federal) or person undertakes these other actions.

• Assessment required by CEQ regulations (40 CFR §1508.7).

• Can result from individually minor but collectively significant actions taking place over a period of time.

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Principles of Cumulative Effects Analysis

• Effects rarely align with artificial boundaries; – (i.e. site, town, or municipality)

• May last for many years beyond the life of the action that caused the effects

• Evaluate along with direct and indirect effects of each alternative

• Must be analyzed for the specific resource,

ecosystem, and human

community being

affected.

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• Not practical to analyze the universe!

– Must be commensurate with the project scale and the project’s impacts on the affected resources.

– Small scale projects having minimal impacts of short duration not likely to contribute significantly to cumulative impacts.

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• The proximity of projects to each other geographically or temporally.

• The likelihood that the project will lead to a wide range of effects or lead to a number of associated projects.

• The likelihood and significance of the proposed project contributing to cumulative effects on the resource.

• Agency and responsible entity determine how and the extent to which cumulative effects are assessed in NEPA/environmental review documents and then document that effort.

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Floodplain

• Managed by Federal Emergency Management Authority (FEMA)

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Floodplain Cont.

IF possible - Avoid Wetlands and Floodplains Unless No Other Practicable Alternative Exists

• Standard Flood Hazard Determination Form must be acquired on properties as documentation for determination. – Ecology: Determine impact to 100 year floodplain

or floodway. Must meet engineering reqs.

• Obtaining flood insurance does NOT satisfy the Executive Order 11988 requirements to consider alternatives.

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Wetlands

Regulatory Overview

• Clean Water Act

• Executive Order 11990

• USDA Land Use Policy DR9500-3

• Consolidated Farm and Rural Development Act (CONACT)

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Executive Order 11990

• Each Agency SHALL provide leadership and take action to:

– Minimize the destruction, loss or degradation of wetlands.

– Preserve and enhance and beneficial values of wetlands.

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Endangered Species Act

• Administered by:

– US Fish and Wildlife Service

– National Marine Fisheries Service

Columbia Basin Pygmy

Rabbit

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Endangered Species Act (ESA)

• No ESA species: not adequate for report.

• List found on US Fish and Wildlife website.

• Evaluate whether species or habitat will be affected.

• Evaluation usually is completed by a biologist.

• Determinations: – “No effect”

– “May affect, but not likely to adversely affect”

– “Likely to adversely affect”

• Federal funding agency must make decision on impact usually with consultation from Service agencies.

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Endangered Species Act

• If Biological assessment shows that species “may be affected, but not likely to be adversely affected” or “may be adversely affected” then consultation with the agencies triggered.

• Usually happens through informal consultation unless an adverse effect.

• Can take months – no time limit on informal consultation

Island Large Marble Butterfly

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Coastal Zone Management ACT

• Encourages states to adopt their own management programs to meet the goals of protection, restoration, and appropriate development of coastal zone resources.

• Managed by Washington State Department of Ecology.

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Historic Properties and Cultural Resources

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Is there a difference in type of historical/cultural review?

• Some under the Governor’s Executive Order (GEO) 05-05 and others must meet the Federal Section 106 requirements.

Ecology Wastewater SRF: SERP/Cross cutters– Section 106

Dept of Health Drinking Water SRF: Section 106

Community Dev. Block

Grant: Section 106

Public Works Board: GEO 05-05

State Special Legislative Funding: GEO 05-05

USDA Rural Development: Section 106

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Important Laws

Antiquities Act

Historic Sites Act

National Historic Preservation Act

Archeological and Historic Preservation Act

Archeological Resources Protection Act

Native American Graves Protection and

Repatriation Act

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Differences between Executive Order 05/05 and Section 106 requirements

Section 106: • Federal agency (or designee) is responsible for

reviewing materials submitted and consulting with Tribes and DAHP – Not delegated to the applicant except under CDBG. – Federal agency makes decision and requests DAHP to

concur.

Governor’s Executive Order 05-05: • Consultation with DAHP and Tribes may be performed

by recipient. Ask funding agency. • State agencies can accept a Section 106 review in lieu

of GEO 05-05. 31

Federal Agency’s responsibility to Consult with:

State Historic Preservation Officer

Tribal Historic Preservation Officer

Native American and Native Hawaiian Organizations

Interested Persons & Members of the Public

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The Section 106 Process

36 CFR Part 800 - Implementing Regulations

• Four-Step Process

Step 1 – Initiate Section 106 Process

Step 2 – Identify Historic Properties

Step 3 – Assessment of Effects

Step 4 – Resolution of Adverse Effects

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How much time will NEPA/Env. Rev. take?

• Depends on your project.

• Depends on what resources may be affected. – ESA issues.

– Historical/cultural issues.

– Affects a waterbody/coastal area.

• Could take anywhere from 30 days to

9-12 months.

• Start early during the planning process! 34

Contacts

Janice Roderick Alice Rubin

USDA Rural Development WA Department of Ecology

(360) 704-7739 (360) 407-6429

[email protected] [email protected]

Connie Rivera

WA Department of Commerce

(360) 725-3088

[email protected]

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mailto:[email protected]

mailto:[email protected]

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