1. 1 Welcome to the International Right of Way Association’s Course 600 Environmental Awareness 600-PT – Revision 5 – 04.21.09.USA

2. 2 Introductions Who we are… What we do… Where we do it… How long we’ve been doing it… Our goals for the course...

3. 3 Objectives (1) At the conclusion of the day, you will be able to...  Discuss how our environmental history has influenced the current environmental regulatory climate  Identify “red flag” environmental issues

4. 4 Objectives (2) At the conclusion of the day, you will be able to...  Recall key requirements of major environmental legislation  Identify potential implications of environmental issues on rights of way and on Right of Way projects

5. 5 Housekeeping

6. 6 Schedule (1) 8:00 - 8:30Introductions, Etc. 8:30 - 9:30What is the Environment? 9:30 - 10:15Environmental Movement Evolution 10:30 - 11:30Water Resources 11:30 - 12:00Wetland Resources 1:00 - 1:30Sensitive Species 1:30 - 2:00Cultural and Other Sensitive Resources

7. 7 Schedule (2) 2:00 - 2:30Air/Atmospheric and Land Use Control Issues 2:45 - 3:15Environmental Contamination Issues 3:15 - 3:45National Environmental Policy Act of 1969 (NEPA) Process 3:45 - 4:00Summary and Review 4:00 - 5:00Exam

8. 8 Exercise No. 1 Take a minute or two and think about an environmental issue that you have faced, will face or are simply interested in learning more about. Write a sentence or two as to why this particular issue is of interest to you.

9. 9 What is the Environment?

10. 10 Exercise No. 2 First, individually define “environment”, then with your tablemates develop a group definition. Write the group definition on flip chart paper and tape it to the wall.

11. 11 Environment Defined (1) …all external factors, conditions and influences (biotic and abiotic) which affect an organism or group of organisms. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

12. 12 Environment Defined (2) Shall be interpreted comprehensively to include the natural and physical environment and the relationship of people with the environment. 40 CFR § 1508.14

13. 13 What’s Happening to the Environment? What are some environmental issues currently in the news? Which environmental issues affect you personally (At home? At work?)

14. 14 Environmental Issues (1) Global Warming (greenhouse gases) Freshwater Issues (shortages, contamination) Genetic engineering (biotechnology) Population Growth and its Consequences Loss of Biodiversity and Extinctions Endangered Species Ozone Depletion

15. 15 Environmental Issues (2) Desertification (becoming a desert) Shrinking Wetlands Air Pollution Nuclear Weapons and Nuclear Power Acid Rain Air Quality

16. 16 Environmental Issues (3) Deforestation Toxic Chemicals Threats to the Oceans Overall State of the World

17. 17 What’s Happening to the Environment? What are some environmental issues currently in the news? Which environmental issues affect you personally (At home? At work?)

18. 18 Exercise No. 3 What environmental issues might arise due to: Widening a 10-mile road section from two lanes to four lanes? Maintaining an electric transmission corridor? Installing a 40-mile long fiber optic cable, including two river crossings?

19. 19 Environmental Movement Evolution

20. 20 Exercise No. 4 With your partner(s), please read the following list of environmental actions or events. Indicate in the right hand column the decade in which the action or event occurred.

21. 21 “Give Away” Era Open mining Gold and Silver Rush Days Swamp Lands Act of 1850 Homestead Act (1862) Pacific Railway Act of 1862 General Mining Act of 1872

22. 22 Conservation Movement Begins Early 1900s Repeal of some earlier legislation Land management and wildlife protection National park system created National forest area expanded Public health statutes enacted

23. 23 The New Deal and World War II The Dust Bowl and 25% unemployment Great Depression Significant federal government expansion Public works projects With WW II, industrial expansion

24. 24 Post World War II (1) Booming industries Highly visible (and invisible) pollution Common law approach inadequate Citizens and industry increasingly impatient

25. 25 The River of Fire Cuyahoga River, Ohio

26. 26 Post World War II (2) Booming industries Highly visible (and invisible) pollution Common law approach inadequate Citizens and industry increasingly impatient

27. 27 Picks Up Steam 1960s Research in air and water quality Emphasis on health 1970s EPA Environmental Legislation

28. 28 Some Influential Writers 18701880189019001910192019301940195019601970198019902000186018501840 “Walden” H.D. Thoreau 1854 “A Sand County Almanac” Aldo Leopold 1949 “Silent Spring” Rachel Carson 1962 “The Rights of Nature” Roderick Frazier Nash 1989 John Muir 1838-1914 28

29. 29 Some Concerned Citizens 18701880189019001910192019301940195019601970198019902000 Sierra Club (1892) American Ornithologists Union (1833) Audubon Society (1905) The Wilderness Society (1935) National Wildlife Federation (1936) Ducks Unlimited (1937) Nature Conservancy (1951) Environmental Defense Fund (1967) Friends of the Earth (1969) Natural Resources Defense Council (1970) Green Peace (1970) Earth First (1980) 186018501840 29

30. 30 Exercise No. 4 (1) National Park Service created. Clean Air Act signed. CERCLA signed. The term acid rain first appears in print. OPEC announces oil embargo. Yellowstone becomes first national park. First Earth Day 1916 1970 1980 1872 1973 1872 1970

31. 31 Exercise No. 4 (2) EPA sues over Love Canal Clean Water Act signed Al Gore wins Nobel Peace Prize President Roosevelt designates Pelican Island a National Wildlife Refuge DDT banned Rivers and Harbors Act President Nixon creates the EPA 1979 1972 2007 1903 1972 1899 1970

32. 32 Exercise No. 4 (3) Dust Bowl NEPA enacted Silent Spring published Hoover Dam completed Walden published Mount St. Helens erupts Sierra Club founded 1930-1939 1969 1962 1935 1854 1980 1892

33. 33 Exercise No. 4 (4) Three Mile Island accident Endangered Species Act Bald eagle reclassified from endangered to threatened Exxon Valdez spill Bald eagle removed from list of endangered and threatened wildlife Hole in the ozone layer discovered 1979 1973 1995 1989 2007 1985

34. 34 Exercise No. 4 (5) Manufacture of PCBs banned Lead paint phased out Trans-Alaska pipeline completed 1978 1970’s 1977

35. 35 Laws Endangered Species Act NEPA Clean Water Act Resource Conservation and Recovery Act (RCRA) CERCLA 10 20 30 40 50 60 70 80 90 100 120 130 Number of Laws Clean Air Act Toxic Substances Control Act 18701880189019001910192019301940195019601970198019902000 Safe Drinking Water Act 35

36. 36 Exercise No. 5 Either individually or with your tablemates, match the legislation to the legislation’s purpose.

37. 37 Exercise No. 5 (1) Clean Air Act Safe Drinking Water Act Wild and Scenic Rivers Act Endangered Species Act National Historic Preservation Act 6. 5. 1. 8. 9.

38. 38 Exercise No. 5 (2) Archaeological Resources Preservation Act Native American Grave Protection and Repatriation Act Clean Air Act National Environmental Policy Act 2. 4. 3. 7.

39. 39 Water Resources

40. 40 Hydrologic Cycle

41. 41

42. 42 Water Usable by Humans

43. 43 Water Withdrawals Groundwater vs. Surface Water Trends?

44. 44 Water Withdrawals Comparison of Uses Trends?

45. 45 Impacts of Excessive Water- taking (1) Water tables lowering, lakes lowering Water shortages Loss of habitat, species loss Land subsidence Aquifer “mining” Salt-water intrusion Loss of use and enjoyment What are some examples?

46. 46 Impacts of Excessive Water- taking (2) Conflicts Rivers don’t make it to the sea (e.g., Colorado River) Agriculture Atmospheric deposition Construction Contaminated sediments Sewer overflows What are some examples?

47. 47 Water Quality Problems Agriculture Atmospheric deposition Construction Contaminated sediments Sewer overflows

48. 48 Leading Water Quality Issues? Sediments Pathogens (e.g., from human, animal waste) Nutrients Low dissolved oxygen pH Metals Pesticides W hat’s in our water?

49. 49 Clean Water Act (1) 1972, frequently amended Precursor was the Federal Water Pollution Control Act of 1942 US EPA Office of Water State agencies

50. 50 Clean Water Act (2) Established water quality standards consistent with CWA goals Water body monitoring Standards met? If not, develop strategies to meet quality standards Determine total maximum daily loads

51. 51 Clean Water Act Tools (1) National Pollutant Discharge Elimination System (NPDES) - regulates point sources discharging to surface water - may require Storm water Pollution Prevention Plan (SWPPP) Section 319 - non-point sources

52. 52 Clean Water Act Tools (2) Section 401 - Federal agencies to obtain certification from state, territory or Indian tribes before issuing permits that would increase pollutant loads Section 404 - regulates placement of dredged or fill material in wetlands and other waters - PERMIT

53. 53 Safe Drinking Water Act 1974, amended in 1986 and 1996 Regulates public drinking water supplies Requires actions to protect water and drinking water sources Authorizes EPA to set health based standards and to work with states to meet those standards Main oversight resides with the States

54. 54 Watershed Health Source: scorecard.org – pollution information site

55. 55 Wild and Scenic Rivers Act (1) 1968 Established a national wild and scenic rivers program Prescribes methods to identify and add rivers and segments to the system

56. 56 Wild and Scenic Rivers Act (2) Establishes procedures and limitations for land controls, and dispositions and minerals National rivers inventory Classifications as wild, scenic or recreational

57. 57 Water Rights Legal entitlement - Authorizes water diversion from specific source - Must be put to beneficial, non-wasteful use Right holders do not own water itself; have the right to use it State, water board permits, etc. Approach varies across country from west to east

58. 58 Exercise No. 6 With your tablemates and based on the exercise drawing, discuss possible answers to the following right of way project related questions. 1. What potential water related issues, problems and impacts might arise? 2. Who are the potential stakeholders? 3. What other issues do you see or might the stakeholders see?

59. 59 Exercise No. 6

60. 60 Wetland Resources

61. 61 Exercise No. 7 Think about a wetland with which you are familiar. What does it look like? What are some animals and plants associated with it? What two words can you use to describe it? (Neither of the words can be “wet” nor contain the word “wet”)

62. 62 Wetland - Defined …land areas where water saturation is the dominant factor determining the nature of soil development, and the types of plants and animal communities living in those areas. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

63. 63 Wetland - Categories Generally, wetlands include: Swamps (mainly fed by surface water) Marshes (coastal and inland, primarily soft- stemmed vegetation) Bogs (freshwater wetlands, spongy peat, moss) Fens (groundwater fed, peat, grasses, reeds, wildflowers)

64. 64 Wetlands: How can one tell? (1) Water saturation from hydro logy (water movement) Supports main hydro phytic (water-loving) vegetation Premise of main hydric (water bearing) soils Think hydr...

65. 65 Wetlands: How can one tell? (2) May or may not be wet year round May be seasonally wet or dry Often transition areas between land and water On federal, state and local inventories HIRE AN EXPERT

66. 66 Wetlands: Why are they important? (1) Habitat to thousands of species - Specially adapted aquatic and terrestrial plants and animals - Bird migration stopovers Absorb and slow floodwaters Alleviate erosion, property damage, loss Absorb excess nutrients, sediment and pollutants

67. 67 Wetlands: Why are they important? (1) Recreational and aesthetic hot-spots Some of the world’s most productive ecosystems Global reservoirs for carbon Moderate global climate conditions

68. 68 Wetland Impacts (1) What types of activities can impact wetlands? Consider: Hydrology (water movement) Vegetation Soils

69. 69 Wetland Impacts (2) Water flow - Infilling for development - Drainage for development, agriculture - Dredging, diking and channelization - Diversion - Reduced infiltration (e.g., paving)

70. 70 Wetland Impacts (3) Pollution - Runoff overload - Air pollution - Seepage from landfills, waste sites, etc. - Marinas

71. 71 Wetland Impacts (4) Vegetation damage - Invasion of non-native species - Peat mining - Grazing by domestic animals

72. 72 Wetland Status in the U.S. In the past, wetland = wasteland Government programs promoted, financed loss of wetlands High losses during 1950s to 1970s Less than 50% of original wetlands remain Currently: - 100 million acres remain in lower 48 states - lose about 60,000 acres/year

73. 73 Clean Water Act EPA, Army Corps of Engineers - establish environmental standards for reviewing discharge permits that affect wetlands - development, roads, levees, etc. Section 404 - no net loss policy for wetlands - permit required to dredge, fill, discharge to wetlands

74. 74 Section 404 Permits Individual - for potentially significant impacts - reviewed by Army Corps of Engineers - public interest - environmental criteria - State and local review General permit - where minimal adverse impact expected - issued on nationwide, regional or state basis for certain activities - result in little or no delay, provided terms are met

75. 75 General Permit Examples of activities that may be considered: - Minor road activities - Utility line backfill - Bedding - Culvert replacement

76. 76 Implementation of No Net Loss Avoid adverse impacts - practical alternatives? - relocation Minimize unavoidable impacts with mitigation

77. 77 Mitigation Enhancement of existing wetland Restoration of damaged wetland Wetland creation, construction Compensation - offset a lost - function or value with one of equal or greater value Wetland banking

78. 78 State and Local Requirements Vary widely - definitions of wetlands - conservation programs

79. 79 Wetland (1)

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85. 85 Exercise No. 8 With your tablemates, please read the scenario and take a few minutes to discuss the questions posed. 1. What are the environmental pros and cons of each route? 2. What environmental actions might each route- alternate require?

86. 86 Exercise No. 8

87. 87 Sensitive Species

88. 88 Exercise No. 9 With your tablemates, take a minute or two and brainstorm the (alphabetized) names of threatened and endangered species.

89. 89 Threatened and Endangered Species elktoe Fatmusket Heelsplitter Isopod Jaguar Kangaroo rat Lampmussel Navcorid Vole 89

90. 90 Species Decline and Extinction In the past century or two, caused by: habitat alterations introduction of exotic species exploitation of species All are human activities. It is estimated that a species is lost every half hour.

91. 91 Ecology Ecology is the scientific study of the interrelationships between living organisms and their environment.

92. 92 Species …a group of populations in which all of the individuals can potentially breed with each other to produce fertile offspring and are reproductively isolated from other groups (i.e., cannot breed with members of such other groups). Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

93. 93 Community …an assemblage of populations of different species (animals, microbes and plants) that occupy and interact in a given geological area. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

94. 94 Ecosystem …an assemblage of biological communities and the physical environment of a specific region or location, including the complex interactions among the species and the cycling of energy and materials within the communities. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

95. 95 Biome …a major ecological region comprised of distinctive plant and animal communities that are adapted to the physical environment of that region; biomes may be terrestrial or aquatic and are frequently named for the predominant vegetation. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

96. 96 Major Terrestrial Biomes

97. 97 The Biosphere’s Essential Services Air Water Food Clothing Energy Shelter

98. 98 Abiotic Non-living or abiotic elements that impact the growth, composition and structure that impact communities and biomes include precipitation, sunlight, temperature, wind, terrain, soil moisture, soil type (e.g., pH, salinity, etc.)

99. 99 Abiotic Factors and Species Growth Range of tolerance, the range of an abiotic factor which will sustain growth of a particular species (e.g., temperature range) Optimum, the amount of a factor at which maximum growth occurs Limiting factor, too much or too little of a single abiotic factor may limit growth, despite all other factors being kept at their optimum

100. 100 Biotic Factors and Species Growth Living or biotic factors include competition and cooperation. In healthy ecosystems, each organism fills a niche or role. Organisms are in balance relative to competition and resource distribution. When the ecosystem is not healthy, species may decline or even become extinct.

101. 101 Definitions (1) Endangered species: Any animal or plant that is in danger of extinction in all of its range. Threatened species: Any animal or plant that is likely to become endangered in the near future in all or part of its range. Critical habitat: Areas essential to the species’ conservation, survival.

102. 102 Definitions (2) Candidate species: Sufficient information exists re: vulnerability or threats, to support a proposal to list the species. Experimental populations: A group of reintroduced animals or plants, isolated from other existing populations of the species. Considered to be threatened under the act. Can have specific regulations.

103. 103 Endangered Species Act of 1973 (1) Process for listing threatened and endangered species Protection, restoration, recovery Regulates activities affecting species and their habitats

104. 104 Endangered Species Act of 1973 (2) Fish and Wildlife Service and National Oceanic and Atmospheric Administration Defines threatened species, endangered species, critical habitat

105. 105 Determination of Effects on Endangered or Threatened Species Hire a professional Request list from USFWS, NOAA Fisheries - other Federal agencies managing land - States Determine effects Design projects to eliminate or minimize effects - conservation measures

106. 106 Threatened and Endangered Species System (TESS)

107. 107 Endangered Species Act of 1973 (3) Section 7 requires, among other things: - Federal agencies to consult with the FWS or NMFS to ensure that actions they authorize, fund, or carry out will not jeopardize listed species - consulting agency receives a biological opinion on the proposed action - where proposed action will jeopardize the species, must offer “reasonable and prudent alternatives”

108. 108 Endangered Species Act of 1973 (4) A few examples of unlawful activities : - Take: Harm, harass, wound, kill, trap, collect - Harm may include significant habitat modification that kills or injures species (e.g., disrupting of nesting, reproduction) - Damage or destroy endangered plants on areas under federal jurisdiction - Remove, damage, destroy endangered plants in violation of state law or regulation

109. 109 Incidental Take Permit Required when otherwise lawful, non-Federal activities will result in take of threatened or endangered species Habitat conservation plan - must accompany application for incidental take permit - to ensure adverse effects minimized, mitigated

110. 110 Bald and Golden Eagle Protection Act Bald Eagle Act in 1940 Amended in 1962 to include golden eagles Prohibits taking, possession and commerce of bald and golden eagles or feathers

111. 111 Migratory Bird Treaty Act of 1918 1918 with numerous amendments Implements various treaties and conventions among the U.S., Canada, Japan, Mexico and the former Soviet Union Protects 800 listed species of migratory birds Unlawful to take, kill or possess Sport and subsistence taking subject to restrictions

112. 112 Exercise No. 10 With your tablemates, please read the scenario and take a few minutes to discuss the questions posed. 1. What conservation/mitigation measures seem appropriate? 2. What route(s) look more probable? Why?

113. 113 Exercise No. 10

114. 114 Cultural and Other Sensitive Resources

115. 115 Exercise No. 11 Take just a minute to think about the area in which you live. Write down three areas that are culturally, historically or archeologically significant.

116. 116 Cultural Resources (1) …pre-historic, historic, tribal/Native American remains or evidence of human activity reflected in sites, structures, artifacts, works of art or other features.

117. 117 Protection Context National and international attention to art and history of American Indians Due to exploration and settlement - western frontier - lands acquired via Louisiana Purchase, Mexican-American war, etc. Public’s imagination fueled - writings, artists’ images - 1876 Centennial exhibits - 400 th Anniversary of Columbus’ discovery Museums and private collectors willing to pay handsomely for artifacts

118. 118 Results Rush to acquire tools, pottery, remains Sections of structures removed Artifacts plundered Visitors cause unintentional damage, collect irreplaceable souvenirs Large caches removed from US No regulation, no permits First call for protective legislation 1882 fails - Fierce struggle for next 25 years: preservation vs. economic development

119. 119 Cultural Resources 119

120. 120 Antiquities Act of 1906 Officially: An Act for the Preservation of American Antiquities Gives presidential authority to restrict the use of particular public lands Resulted from concerns about protecting mostly prehistoric Indian ruins and artifacts on federal lands Pot hunters

121. 121 Historic Sites Act of 1935 Organized federally owned parks, monuments and historic sites Under the Secretary of the Interior and the National Park Service Declared, for the first time, a national policy to preserve public use historic sites, buildings, and objects

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123. 123 National Historic Preservation Act Became law in 1966 Created the National Register of Historic Places, the list of National Historic Landmarks and State Historic Preservation Officers Basis of America's historical preservation policy

124. 124 National Register Information System

125. 125 Archaeological and Historic Preservation Act Became law in 1974, amended several times Provides for the preservation of historical and archaeological data that might be lost as a result of federal construction projects or from federally licensed or assisted programs

126. 126 Archaeological Resources Protection Act of 1979 Augments and partially supercedes the Antiquities Act Prohibits excavating, removing, damaging, altering or defacing archaeological resources

127. 127 Native American Graves Protection and Repatriation Act (NAGPRA) Enacted in 1990 Requires Federal agencies and institutions that receive Federal funding to return Native American cultural items to their respective peoples.

128. 128 NAGPRA Inadvertent Discovery STOP - Immediate notification of responsible Federal official If discovery occurred in connection with on-going activity, - cease the activity in the area of discovery - make a reasonable effort to protect the human remains and other cultural items

129. 129 Federal Project Development Notify - State Historic Preservation Officer and tribes, as applicable - proposed project - area of potential effects Conduct survey - archaeologist may be specified by tribe Report results to SHPO and tribes 3-6 month minimum

130. 130 Exercise No. 12 With your tablemates, please read the scenario and take a few minutes to discuss the questions posed. 1. What potential issues do you anticipate? 2. What activities or studies may be required? Why?

131. 131 Exercise No. 12 95 Approximate development location Colorado R. Surrounding federal lands administered by Bureau of Land Management (Archaeological district) Reserve Lands

132. 132 Exercise No. 12

133. 133 Air/Atmospheric and Land Use Control

134. 134 Air/Atmospheric Issues Air quality Noise Climate change Ozone impacts Acid rain Other

135. 135 1970 Clean Air Act Established Federal standards for air pollution Federal government to work with States to regulate polluting emissions Designed to improve air quality Designed to prevent significant deterioration where air quality exceeds standards Provisions on emission standards, source permitting, ozone depletion, acid rain regulations

136. 136 Land Use Issues Residential Recreational Agricultural Forest lands Open spaces View sheds

137. 137 Exercise No. 13 With your tablemates, please read the scenario and take a few minutes to discuss the questions posed. 1. What air/atmospheric and land use issues might the public and area residents and business owners be concerned about? Why?

138. 138 Exercise No. 13

139. 139 Environmental Contamination

140. 140 Definitions (1) A contaminant is any substance or impurity introduced into the environment (above natural background levels) which adversely affects the physical, chemical or biological properties of a natural system. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

141. 141 Definitions (2) Pollute means to make an environmental system foul, unclean or unusable by the introduction of contaminants. Polluted describes a situation of an environmental system which is completely befouled as the result of the introduction of contaminants beyond the system’s ability to recover. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

142. 142 Definitions (3) Hazardous material (hazmat) is any solid, liquid or containerized gas that can cause death, illness or injury to people or damage to the environment if improperly treated, stored, transported or discarded and which meets one or more of the following criteria: ignitable, corrosive, reactive or toxic. Bare, John A., Dictionary of Environmental Science, Kendall/Hunt Publishing Company, Dubuque, Iowa. 2006.

143. 143 Definitions (4) A contaminated or hazardous waste site is a site at which hazardous substances occur at concentrations above background levels and where assessment indicates it poses, or is likely to poss an immediate or long-term hazard to human health or the environment.

144. 144 Contamination Sources (1) Commerce and Industry Underground Storage Tanks Household Wastes Septic Systems Landfills Agriculture Pesticides and Fertilizers

145. 145 Contamination Sources (2) Point source contamination (traceable to a discrete place of origination) Non-point source contamination (cumulative contamination that cannot be traced to a discrete place of origination)

146. 146 Contamination Sources (3) Point source contamination (traceable to a discrete place of origination) leaking underground tanks leaking pipelines leaking lagoons landfill leachates leaking buried drums spills

147. 147 Contamination Sources (4) Non-point source contamination (cumulative contamination that cannot be traced to a discrete place of origination) fertilizer applications infiltration of ditch water sewage sludge applications particulate fallout (from smoke stacks)

148. 148 Environmental Assessments Incidential Screening Transaction Environmental Screening Environmental Site Assessment Phase I Phase II Phase III

149. 149 Exercise No. 14 With your tablemates, please read the scenario and take a few minutes to discuss the questions posed. 1. What are the environmental issues and potential concerns? Why? 2. What additional information/assessments may be needed?

150. 150 Exercise No. 14

151. 151 National Environmental Policy Act of 1969 (NEPA) Process

152. 152 Exercise No. 15 Please rank the following proposed scenarios in terms of the need to obtain public involvement (in your opinion).

153. 153 National Environmental Policy Act (1) 1970 Most significant environmental legislation Minimize adverse environmental impacts and to preserve and enhance the human environment

154. 154 National Environmental Policy Act (2) Establishes - National environmental policy - Environmental goals - Protection - Maintenance - Enhancement Provides process for implementing goals within Federal agencies

155. 155 Section 102 Federal agencies - to incorporate environmental considerations in planning, decision-making - to prepare detailed statements for major federal actions - assess environmental impact of actions and alternatives - to lend support to initiatives, programs to anticipate and prevent decline in environmental quality

156. 156 NEPA Process Evaluate environmental effects of Federal undertakings and alternatives Three levels of analysis - determine categorical exclusion (CE) - prepare written environmental assessment (EA) or finding of no significant impact (FONSI) - prepare environmental impact statement (EIS)

157. 157 Categorical Exclusion (CE) May not require detailed environmental analysis Must meet certain criteria, previously determined by federal agency as having no significant environmental effect Many federal agencies have lists of actions normally categorically excluded

158. 158 Environmental Assessment ( EA) Document Environmental Assessment - need for proposal - alternatives - environmental impacts of proposed action and alternatives - list of agencies and persons consulted

159. 159 Environmental Assessment (EA) Finding of No Significant Impact (FONSI) Written environmental assessment prepared - Would a federal undertaking significantly affect environment? If no, Finding of No Significant Impact (FONSI) may address measures agency will take to reduce potentially significant impacts If yes, prepare environmental impact statement (EIS) If federal agency anticipates significant impacts, may skip EA and prepare EIS

160. 160 Environmental Impact Statement (EIS) More detailed evaluation of proposed action and alternatives Public, other Federal agencies and other parties involved - provide input to preparation of EIS - comment on draft EIS After final EIS is prepared and at time of decision, public record prepared

161. 161 Environmental Impact Statement (EIS) Document Purpose Need for action Alternatives Affected environment Environmental consequences List of preparers Agencies, organizations and persons to whom the statement is sent

162. 162 NEPA Process Early identification of issues is best Process can be time consuming and costly Lack of awareness can delay projects

163. 163 Exercise No. 16 With your tablemates, please read the scenario and take a few minutes to discuss NEPA (e.g., CE, EA, FONSI, EIS, ROD), possible environmental issues and studies that might be necessary and possible permitting requirements.

164. 164 Exercise No. 16

165. 165 Objectives (1) Now, you will be able to...  Discuss how our environmental history has informed the current environmental regulatory climate  Identify “red flag” environmental issues

166. 166 Objectives (2) Now, you will be able to...  Recall key requirements of major environmental legislation  Identify potential implications of environmental issues on existing rights of way and on Right of Way projects

167. 167 Thank you! 600-PT – Revision 5 – 04.21.09.USA