nepa - categorical exclusions (catex)...“nepa is our basic national charter for protection of the...

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217 217 217 200 200 200 255 255 255 0 0 0 163 163 163 131 132 122 239 65 53 110 135 120 112 92 56 62 102 130 102 56 48 130 120 111 237 237 237 80 119 27 252 174 .59 “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-NRM Brandon Moore, Civil Engineer, CELRH-OR-TR Francisco Salazar, Nat Res Mgmt Spec, CESPA-OD-S 20 April 2017 Environmental Compliance 1300-1400 Hrs NEPA - CATEGORICAL EXCLUSIONS (CATEX) 1 File Name

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Page 1: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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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

Page 2: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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

Page 3: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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®

Page 4: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout
Page 5: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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?

Page 6: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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.

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Page 7: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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.

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Page 8: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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.

Page 9: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

LETTER OF REQUEST

Page 10: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

PROJECT CHECK LIST

Page 11: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout
Page 12: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout
Page 13: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

REPORT OF AVAILABILITY (ROA) PART A

Page 14: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

REPORT OF AVAILABILITY (ROA)PART B

Page 15: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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.

Page 16: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

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Page 17: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

RECORD OF ENVIRONMENTAL CONSIDERATION (REC)17

Page 18: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

T&E SPECIES DOCUMENTATION (ESA SECTION 7)

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Page 19: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

USFWS OFFICIAL SPECIES LIST 19

Page 20: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

SPECIES CONCLUSION TABLE20

Page 21: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

CULTURAL RESOURCES FIELD SURVEY(NHPA SECTION 106)

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Page 22: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

SUPPORTING DOCUMENTS22

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SPA PROJECT INITIATION REQUEST FORM (PIRF) 23

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Page 25: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

SPK PROJECT ENVIRONMENTAL EVALUATION REPORT25

Page 26: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

REC Example – FlannaganWaterline

Page 27: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

REC Example

Page 28: NEPA - CATEGORICAL EXCLUSIONS (CATEX)...“NEPA is our basic national charter for protection of the environment. It establishes policy, sets goals, and provides means for carryingout

SPK PROJECT ENVIRONMENTAL EVALUATION REPORT28

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