environmental services

Environmental Services“The Paperwall Builders”

Organization of ES

• 1. NEPA / Public Involvement• 2. Environmental Specialists• 3. Administration

Three Major Areas

NEPA/Public Inv. Organization

• Kevin Powell– Manages NEPA in the West

• Districts 3 & 5– Supervisor of the Environmental Specialists– He is Second in Command of ES

• Phone Number: 307-777-3997• Email: [email protected]

EA’s & CE’s and the NEPA Managers

NEPA/Pub Inv. (cont.)

• Tim Carroll– Manages NEPA in the East

• Districts 1 & 4– Supervisor of C.E. Coordinator– He is Third in Command of ES

• Phone Number 307-777-4378• Email: [email protected]

EA’s & CE’s and the NEPA Managers (cont.)

NEPA/Pub Inv. (cont.)EIS’s and the Environmental Coordinators

• Nick Hines– Snake River Canyon– Hoback Jct. & Jackson South (team w/ Bob Bonds)– County Line West (in district 5)– Manages NEPA in District 2


NEPA/Pub Inv. (cont.)EIS’s and the Environmental Coordinators

• Bob Bonds– Cody to Yellowstone National Park– Moran Jct. to Dubois– Team w/ Nick Hines on Jackson South– Waters of the U.S. Annotations


• Kathy Wenger– Coordinates all CE work w/ Consultants– Prepares CE’s for Kevin, Nick, or Tim’s review– Manages the ES Database for Projects


NEPA (cont.)

CE’s and the Categorical Exclusion Coordinator

• Dr. Julie Francis– Cultural & Historical Resources– State Historic Preservation Office (SHPO)


• John Samson– Reclamation & Erosion Control– Wyoming Department of Environmental Quality

(WyDEQ)• Phone Number: 307-777-4416• Email: [email protected]

Environmental Specialists

Environmental Resource Managers

• Deb Ferguson– Wetlands & Waters of the U.S.– U.S. Army Corps of Engineers


• Tom Hart– Wildlife, T&E Species, & Migratory Birds– U.S. Fish & Wildlife Service– Wyoming Game & Fish Department


Environmental Specialists (cont.)

Environmental Resource Managers

• Tim Stark– Environmental Services Engineer


• Nicki Whetstone– Administrative Specialist / Secretary


Administration

Program Responsibility

• Interstate Act of 1956– Created the Interstate System

• Federal Aid Highway Acts of the 1950's– It required the use of Public Hearings

• WYDOT’s Public Involvement Specialists– Dis.1 Ross Doman Laramie 307-745-2125– Dis.2 Jeff Goetz Casper 307-473-3303– Dis.3 ? Rock Springs 307-352-3065– Dis.4 Ronda Holwell Sheridan 307-674-2311– Dis.5 Cody Beers Basin 307-568-3400

– It considered Economic Impacts

Federal Environmental PolicyFederal Legislation of the 1950's

• Protocol for Social & Urban Issues• The 4(f) Document Created In 1966

– Was just revised in the 2005 Act– Protects Parks and Cultural Resources

• Tim Carroll & Julie Francis of WYDOT• Randy Strang of FHWA 307-771-2949

• The U.S.DOT Delegated to FHWA• The 1966 Act included environment for the

first time

Federal Environmental PolicyFederal Highway Acts of the 1960's

• Ensures no discrimination under any federally assisted program or activity.

• Became instrumental for the location and type of transportation systems.

• For Tribal Consultation– Contact Julie Francis, 307-777-4740

• For General Civil Rights Questions– Contact Kent Lambert, Director of Civil Rights, 307-777-

4268

Federal Environmental Policy

Title VI of the Civil Rights Act of 1964

• National Register of Historic Places– Considered potential effects on the resource

• Advisory Council on Historic Preservation– Law provided authority– Oversees the SHPO

• State Historic Preservation Office (SHPO)– Requires project consultation

• Contact Julie Francis

Federal Environmental PolicySection 106 of the National Historic Preservation Act

• SEE Considerations were Introduced– Social– Economic– Environmental

• Created Location and Design Approval Requirement

Federal Environmental PolicyThe Policy & Procedure Manual (PPM) 20-8

• Systematic Interdisciplinary Approach– Required on all environmental resources– It killed DAD with a CAD

• Code of Federal Regulations– All Federal Agencies created their own regs.

• Created the NEPA Documents– EIS - Environmental Impact Statement– EA - Environmental Assessment– CE - Categorical Exclusion

Federal Environmental PolicyNational Environmental Policy Act of 1969

• Federal Actions– Occurs by either federal funding or federal

permit– NEPA documents required on all fed actions

• Defined Significance– Context & Intensity

Federal Environmental PolicyNational Environmental Policy Act of 1969 (cont.)

• Public Involvement– Scoping Meetings for EA’s & EIS’s– Considered one more meeting for an EA– Required one more meeting for an EIS

• FHWA Would Administer the Law• Disclose All Environmental Impacts

– Required Collaboration not necessarily Compromise

– Required Avoid, Minimize & Mitigate Impacts

Federal Environmental PolicyNational Environmental Policy Act of 1969 (cont.)

• U.S. Forest Service• U.S. Army Corps of Engineers• U.S. Fish & Wildlife Service• Bureau of Land Management• Bureau of Reclamation• National Park Service• Environmental Protection Agency

Federal Environmental PolicyFederal Permitting Agencies

• Required Fair, Consistent and Equitable Treatment of Displaced Property Owners– Contact John Sherman, R/W, 307-777-4126

Federal Environmental PolicyUniform Relocation Assistance & Real Property

Acquisition of 1970

• Stopped Commercial Slaughter• Administered by U.S. Fish & Wildlife

Service– Regulates Impacts on Raptors (Birds of Prey)

• Does Not Allow a Take Permit– Contact Tom Hart

Federal Environmental PolicyMigratory Bird Act of 1918

• Protects Fish, Wildlife & Plant Species – Candidate - Species facing threatened level– Threatened - Species facing endangerment– Endangered - Species facing extinction

• Administered by U.S. Fish & Wildlife Service

• No Distinction Made Between T&E on Federal Transportation Projects

Federal Environmental PolicyEndangered Species Act of 1973

• T&E Species of Wyoming– Birds

• Bald Eagle, Peregrine Falcon, Whooping Crane, Mountain Plover,

– Mammals• Black Footed Ferret, Grizzly Bear, Gray Wolf, Swift

Fox, Lynx, Prebles Meadow Jumping Mouse– Fish

• Kendall Warm Springs Dace, Sturgeon Chub, Arctic Grayling, Bonneville Cutthroat Trout, Westslope Cutthroat Trout

Federal Environmental PolicyEndangered Species Act of 1973 (cont.)

• T&E Species of Wyoming cont.– Amphibians & Reptiles

• Wyoming Toad, Boreal Toad– Plants

• Ute Ladies’ Tresses Orchid, Small Rockcress, Desert Yellowhead, Colorado Butterfly Plant

• Take Permit– An approved plan that will allow a species to

be harassed.– Section 7 consultation - 135 days


• Candidate Species– Species under consideration to be listed

• Number of Wyoming Candidate Species– Mammals – 20– Birds – 27– Fish – 32– Amphibians & Reptiles – 13– Plants – 0– Grand Total - 92


• Bald Eagle Protected Under 2 Laws Now– Migratory Bird Treaty Act of 1918– Eagle Protection Act of 1940– Endangered Species Act of 1973

• Contact Tom Hart


• NPDES– National Pollution Discharge Elimination

System– Control of Erosion and Sedimentation– Federal Authority is EPA (Environmental

Protection Agency– Has Been Delegated to Wyoming DEQ

• Contact John Samson

Federal Environmental PolicyClean Water Act and Amendments of the 70's & 80's

• Wetlands– Established a system for the mitigation of

wetland impacts.– Federal Authority is the U.S. Army Corps of

Engineers (USCOE)– USCOE lost the SWANCC Court Case– A split decision was awarded to USCOE in the

Rappanos Case• Contact Deb Ferguson

Federal Environmental PolicyClean Water Act and Amendments of the 70's & 80's (cont.)

• Wetlands must have these 3 characteristics – They must have hydrology (water)– They must support hydric vegetation– They must have hydric soils

Federal Environmental PolicyClean Water Act and Amendments of the 70's & 80's (cont.)

• 1. Water of the U.S. w/ wetland fringe• 2. Water of the U.S. w/ wetland

Federal Environmental PolicyWetland Examples

• 1. Water of the U.S. with no wetland• 2. Water of the U.S. with no wetland• 3. No water of the U.S. with no wetland• Note: Waters of the U.S. are known by

their defined drainage pattern.

Federal Environmental PolicyNot Wetland Examples

• Progressive Order of Design– 1. Avoidance– 2. Minimization– 3. Mitigation

• Design cannot skip over avoidance and minimization and go directly to mitigation

• Each step must first be demonstrated and documented for COE permit purposes

Federal Environmental PolicyWetland Design Considerations

• Attainment / Non Attainment– Sheridan County was Non Attainment for PM– Currently looking at PM 2.5 beyond PM 10

• State Implementation Plan (SIP)– Sanctions for Failure

• Federal Authority is EPA• Delegated to Wyoming DEQ

– Contact Dan Kline, Planning, 777-4189 (SIP)– Contact Ken Spear, C&E, 777-4487(New Pits)

Federal Environmental PolicyClean Air Act and Amendments

• Ensures no discrimination for people with disabilities under any federally assisted activity or program in areas such as,– Transportation– Public Accommodations– Etc.

• Bill Wilson, Standards Engineer, 307-777-4216


Americans With Disabilities Act of 1990

• 1. Required all 50 states to develop written policies for a traffic noise program.

• 2. Specified the condition which federal funding would apply.– Contact Kevin Powell, Nick Hines or Tim Carroll


1995 FHWA Policy Memo on Noise

• Provided Enhancement Funding for– Landscaping– Rehabilitation– Operation of Historic Transportation Facilities

• Public Approval– This reduced conflict with the public


Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA)

• Adds Requirement for Non Discrimination based on Financial Income – Contact Randy Strang, FHWA, 307-777-2004

ext 149


Executive Order 12898 on Environmental Justice

• Reflects Evolution of FHWA Environmental Policy

• Definition of Environment Expanded– Natural Environment– Built Environment– Cultural & Social Environment– USACOE Definition did not expand


FHWA Environmental Policy Statement of 1994

• Environmental Stewardship– Context Sensitive Solutions

• Environmental Streamlining– Never Officially Accomplished– Agency MOU’s– Law Didn’t Apply to Outside Agencies– FHWA Wanted to Add Chapters to NEPA


Transportation Efficiency Act of 1998 (TEA-21)

• Emphasizes Environmental Planning– Consideration for Wildlife Passes

• Time Limits for NEPA Documents• Statute of Limitations for Lawsuits


Safe Accountable Flexible Efficient Transportation Act –A Legacy for Users of 2005 (SAFETEA-LU)

• For Economic Stimulus• Main Objectives

– Job Preservation– Infrastructure Investment– Energy Efficiency & Science– Assistance to Unemployed– State & Local Fiscal Stabilization

• Projects need to be “shovel ready”

Federal Environmental PolicyThe American Recovery and Reinvestment

Act of 2009 (ARRA)

• There were Discretion Funds Available too• This operates like a grant process and

must compete with other states• Projects were available in size from $20

million to $300 million• Chief Engineer considered Wildlife

Overpasses on I-80 too.

Federal Environmental PolicyThe American Recovery and Reinvestment

Act of 2009 (ARRA)

2010 Livability Initiative• Livability is about tying the quality and

location of transportation facilities to broader opportunities such as access to good jobs, affordable housing, quality schools and safe streets. This includes addressing safety and capacity issues on all roads through better planning and design, maximizing and expanding new technologies such as ITS and the use of quiet pavements, using Travel Demand Management approaches to system planning and operations.

2011 Wyoming Sage Grouse Executive Order

• Sage Grouse is the most recent state protected species.

• The implementation plan is still in the works.• It designated sage grouse core areas around the

state.• Contact Tom Hart

Hopefully you are now out of the woods and stepping into the light. If you find yourself in a hole, stuck in a swamp, attacked by hawks, or just lost in eroded barren land, give us a call at Environmental Services. 307-777-4379

Happy Trails

“We Kill Trees To Save Trees”