| | | 1. The "Umbrella" | 1 | Purpose: NEPA requires all federal agencies to consider environmental factors through a systematic interdisciplinary approach before committing to a course of action. The NEPA process is an overall framework for the environmental evaluation of federal actions. The Act generally defines the criteria for when Federal actions are 'categorically excluded' (CEs) from NEPA and when Federal actions would require an Environmental Impact Statement (EIS). Under NEPA, Federal agencies were required to develop specific criteria as to what types of actions/projects would be processed under EISs, Environmental Assessments/Findings of No Significant Impact (EAs/FONSIs) and CEs. FHWA regulatory criteria are contained at 23 CFR Part 771. The following quotation from NEPA describes the heart of the law.
"The Congress … declares that it is the continuing policy of the federal Government … to use all practicable means and measures, including financial and technical assistance … to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans." (42 USC 4331)
Applicability: All FHWA actions.
| Merger Process | 10/8/2018 4:22 PM |  John Jamison |
| | | 1. NC's Latest SEPA-Related Legislation | 1 | On June 19, 2015, Session Law 2015-90 was signed into law by Governor Pat McCrory. The passage significantly overhauled the criteria under which a SEPA review of a proposed project is evaluated. Prior to the passage of SL 2015-90, if a proposed project involved any amount of public funds, involved the use of public lands, or had significant environmental impacts as determined by the minimum criteria, then a SEPA review was necessary. With the passage of SL 2015-90, two key criteria must now be considered to determine if a proposed action may require a SEPA review. The first is the funding source. If a proposed action involves more than $10,000,000 of funds provided by the State of North Carolina for a single project or action or related group of projects or actions a SEPA review may be necessary. This is a change over the previous requirement which included any public funds (i.e. city, county, bonds, etc.). The second involves direct impacts resulting from the proposed project. If the proposed action will result in substantial, permanent changes to the natural cover or topography greater than or equal to ten acres of public lands a SEPA review may be required. This is a change over previous requirements that required a SEPA review for impacts to any type or amount of public lands.
| Merger Process | 10/8/2018 4:33 PM | John Jamison |
| | | 1. NC's version of the "Umbrella" | 1 | Purpose: The North Carolina (or State) Environmental Policy Act (SEPA) was originally conceived in 1971 (G.S. 113A, Article 1) and generally coincides with the enactment of the National Environmental Policy Act (NEPA). When applicable, it requires State agencies to review, report, and disclose most environmental impacts for a proposed action.
| Merger Process | 10/8/2018 4:38 PM | John Jamison |
| | | 2. Physical Environment | 1 | Purpose: The Clean Air Act is the comprehensive Federal law that regulates air emissions from area, stationary, and mobile sources. This law authorizes the U.S. Environmental Protection Agency to establish National Ambient Air Quality Standards (NAAQS) to protect public health and the environment. The goal of the Act was to set and achieve NAAQS in every state by 1975. The setting of maximum pollutant standards was coupled with directing the states to develop state implementation plans (SIP's) applicable to appropriate industrial sources in the state. The Act was amended in 1977 primarily to set new goals (dates) for achieving attainment of NAAQS since many areas of the country had failed to meet the deadlines. The 1990 amendments to the Clean Air Act in large part were intended to meet unaddressed or insufficiently addressed problems such as acid rain, ground-level ozone, stratospheric ozone depletion, and air toxics. The 1990 amendments also significantly strengthened "conformity" requirements for Federal actions including transportation projects and funding.
Applicability: FHWA is required to ensure that local, regional and State planning agencies include Federally-funded projects within their conformity analyses. On a project basis, areas that are in 'non-attainment' are required to demonstrate through project air modeling and emission projections do not further contravene air quality standards.
| Merger Process | 10/8/2018 4:23 PM | John Jamison |
| | | 2. Physical Environment | 2 | Purpose: Restore and maintain the chemical, physical, and biological integrity of the Nation's waters through prevention and elimination of pollution. The Clean Water Act amended the Federal Water Pollution Control Act of 1972 and was itself amended by the Water Quality Act of 1987. The Clean Water Act includes many provisions to protect and restore waters of the U.S. It includes requirements and standards for wastewater, stormwater, ocean discharges, non-point source discharges, point source discharges ("NPDES permits" under Section 402), and dredge and fill activities under Section 404. Section 401 of the Act addresses the general permit requirements for State issued water quality certifications.
Applicability: Any discharge of a pollutant into waters of the United States. Section 404 addresses the general standards and requirements for the dredge and fill material activities covered under ACE permitting authorities. Section 401 of the Act is applicable with regards to DWQ '401' water quality certifications/permits required for transportation projects.
| Merger Process | 7/25/2012 2:26 PM | System Account |
| | | 2. Physical Environment | 3 | Purpose: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides a Federal "Superfund" to clean up uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other emergency releases of pollutants and contaminants into the environment (whereas RCRA focuses on active and future facilities). Through the Act, EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup. EPA cleans up orphan sites when potentially responsible parties cannot be identified or located, or when they fail to act. Through various enforcement tools, EPA obtains private party cleanup through orders, consent decrees, and other small party settlements. EPA also recovers costs from financially viable individuals and companies once a response action has been completed. EPA is authorized to implement the Act in all 50 states and U.S. territories. Superfund site identification, monitoring, and response activities in states are coordinated through the state environmental protection or waste management agencies. CERCLA was later amended by amended by the Superfund Amendments and Reauthorization Act (SARA).
Applicability: Any project that might take right-of-way containing a hazardous substance.
| Merger Process | 7/25/2012 2:29 PM | System Account |
| | | 2. Physical Environment | 4 | Purpose: Promulgate noise standards for highway traffic.
Applicability: All federally funded projects for the construction of a highway on new location, or the physical alteration of an existing highway which significantly changes either the vertical or horizontal alignment or increases the number of through-traffic lanes.
| Merger Process | 7/25/2012 2:49 PM | System Account |
| | | 2. Physical Environment | 5 | Purpose: This act regulates the handling of hazardous waste sites for the protection of human health and the environment. RCRA amended earlier legislation (the Solid Waste Disposal Act of 1965), but the amendments were so comprehensive that the Act is commonly called RCRA rather than its official title. RCRA gave EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non-hazardous wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances. RCRA focuses only on active and future facilities and does not address abandoned or historical sites (see CERCLA). The Federal Hazardous and Solid Waste Amendments (HSWA) are the 1984 amendments to RCRA that required phasing out land disposal of hazardous waste. Some of the other mandates of this strict law include increased enforcement authority for EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.
Applicability: Any project that takes right-of-way containing hazardous waste. Hazardous Waste Management and Standards for Owners and Operators (40-CFR-260-265) applies to projects that require excavation of hazardous waste. Covers Federal guidelines for removing and transporting hazardous waste. Excavation of soils that have contamination has to be judged against these standards:
- Identification and listing of hazardous waste
- Standards applicable to generators of hazardous waste
- Standards applicable to transporters of hazardous waste
Standards for Management and Disposal Facilities (40 CFR 266-271) - This section of the Federal rule delegates authority to the State for hazardous waste management and underground storage tank programs. | Merger Process | 7/25/2012 2:51 PM | System Account |
| | | 2. Physical Environment | 6 | Purpose: Ensure public health and welfare through safe drinking water.
Applicability: All public drinking water systems and reservoirs (including rest area facilities). Actions that may have a significant impact on an aquifer or wellhead protection area and which are the sole or principal drinking water.
| Merger Process | 7/25/2012 2:52 PM | System Account |
| | | 3. Natural Environment | 1 | Purpose: Conserve species of fish, wildlife and plants facing extinction.
Applicability: Any action that is likely to jeopardize continued existence of such endangered or threatened species or result in destruction or modification of critical habitat.
| Merger Process | 7/25/2012 2:30 PM | System Account |
| | | 3. Natural Environment | 2 | Purpose: This order establishes a national policy to avoid adverse impacts on wetlands wherever there is a practicable alternative.
Applicability: Federally undertaken, financed, or assisted construction, and improvements in or with significant impacts on wetlands.
| Merger Process | 7/25/2012 2:31 PM | System Account |
| | | 3. Natural Environment | 3 | This order directs that federal agencies shall, to the extent permitted by law and where practicable, improve the quantity, function, sustainable productivity, and distribution of U.S. aquatic resources for increased recreational fishing opportunities. This executive order requires evaluation and documentation of the effects caused by federally funded, permitted, or authorized actions on aquatic systems, fishing access, and recreational fisheries. Provisions of this Executive Order are implemented through the NEPA process. | Merger Process | 7/25/2012 2:10 PM | System Account |
| | | 3. Natural Environment | 4 | Purpose: This order is intended to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause. Revokes: EO 11987. The Executive Order directs federal agencies to expand and coordinate their efforts to combat the introduction and spread of plants and animals not native to the United States. The Federal Highway Administration has developed guidance's to implement the E.O. which provides a framework for preventing the introduction of and controlling the spread of invasive plant species on highway rights-of way. Under the E.O., federal agencies cannot authorize, fund, or carry out actions that it believe are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere unless all reasonable measures to minimize risk of harm have been analyzed and considered. This means that Federal-aid and Federal Highway Program funds cannot be used for construction, revegetation, or landscaping activities that purposely include the use of known invasive species. Determinations of the likelihood of introducing or spreading invasive species and a description of measures being taken to minimize their potential harm should be part of any process conducted to fulfill agency responsibilities under NEPA. Considerations of invasive species should occur during all phases of the environmental process to fulfill the requirements of NEPA. Until the National Vegetation Management Plan specified in the E.O. is completed, NEPA analyses should rely on each State's noxious weed list to define the invasive plants that must be addressed and the measures to be implemented to minimize their harm.
Applicability: All Federal agencies whose actions may affect the status of invasive species.
| Merger Process | 7/25/2012 2:32 PM | System Account |
| | | 3. Natural Environment | 5 | Purpose: Conservation, maintenance, and management of wildlife resources.
Applicability: This act applies to any federal project where the waters of any stream or other body of water are impounded, diverted, deepened or otherwise modified. | Merger Process | 7/25/2012 2:34 PM | System Account |
| | | 3. Natural Environment | 6 | Purpose: Congress defined Essential Fish Habitat (EFH) for federally managed fish species as "those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity." The conservation of essential fish habitat is an important component of building and maintaining sustainable fisheries.
Applicability: The EFH requires Federal agencies that authorize, fund, or conduct activities that "may adversely affect" EFH to work with the National Marine Fisheries Service (NMFS) to develop measures that minimize damage to EFH. In North Carolina, only CAMA counties are affected.
| Merger Process | 7/25/2012 2:38 PM | System Account |
| | | 3. Natural Environment | 7 | Purpose: The Marine Mammal Protection Act (MMPA) established a moratorium, with certain exceptions, on the taking of marine mammals in U.S. waters and by U.S. citizens on the high seas, and on the importing of marine mammals and marine mammal products into the United States. | Merger Process | 7/25/2012 2:39 PM | System Account |
| | | 3. Natural Environment | 8 | Purpose: Title I relates to the ocean dumping permit program. Title II relates to ocean dumping research. Title III authorizes the Secretary of Commerce to designate certain areas as National Marine Sanctuaries (the only designated National Marine Sanctuary in North Carolina is the site of the USS Monitor located off Cape Hatteras).
Applicability: Any transportation to and dumping into the open sea. Any project affecting a National Marine Sanctuary. | Merger Process | 7/25/2012 2:39 PM | System Account |
| | | 3. Natural Environment | 9 | Purpose: To protect most common wild birds found in the United States.
General Applicability: Makes it unlawful for anyone to kill, capture, collect, possess, buy, sell, trade, ship, import, or export any migratory bird.
FHWA Applicability: The indirect killing of birds by destroying their nests and eggs is covered by the Act, so construction in nesting areas during nesting seasons can constitute a taking. Bridge rehabilitation/removal and clearing/grubbing are the types of projects most likely to affect nesting areas. If nests are present on bridges, methods to exclude birds from the bridge and prevent nesting activity might be undertaken, prior to the nesting season. Such methods might include: netting, removal of existing nests, and other aversion approaches. If these methods aren't effective then construction avoiding the nesting season might be required. Clearing and grubbing of potential nesting habitat during the nesting seasons should be avoided. Other construction activities can occur throughout the year on the cleared areas. Clearing and grubbing of natural habitats should be minimized to such areas essential for proper safety measures and necessary construction. | Merger Process | 7/25/2012 2:39 PM | System Account |
| | | 4. Special Status Land Use | 1 | Purpose: Minimize the loss of human life, wasteful expenditures of Federal revenues, and the damage to fish, wildlife, and other natural resources.
Applicability: Any project that may occur within the boundaries of a designated coastal barrier unit. Exemptions for certain actions are possible. | Merger Process | 7/25/2012 2:27 PM | System Account |
| | | 4. Special Status Land Use | 2 | Purpose: P reserve, protect, develop, and (where possible, restore and enhance resources of the coastal zone).
Applicability: All projects significantly affecting areas under the control of the State Coastal Zone Management Agency (CZMA).
| Merger Process | 7/25/2012 2:28 PM | System Account |
| | | 4. Special Status Land Use | 3 | Purpose: This order directs all federal agencies to avoid the long-and short-term adverse impacts associated with the modification of floodplains and to avoid direct or indirect support of floodplain development wherever there is a practicable alternative and to restore and preserve the natural and beneficial values served by floodplains.
Applicability: All construction of federal or federally-aided buildings, structures, roads, or facilities which encroach upon or affect the base floodplain. | Merger Process | 7/25/2012 2:31 PM | System Account |
| | | 4. Special Status Land Use | 4 | Purpose: Preserve, develop, and assure the quality and quantity of outdoor recreation resources for present and future generations.
Applicability: All projects impacting recreational lands purchased or improved with land and water conservation funds. This Act provides funding to preserve and develop recreational lands. | Merger Process | 7/25/2012 2:35 PM | System Account |
| | | 4. Special Status Land Use | 5 | Purpose: Identify flood-prone areas and provide insurance. Requires purchase of insurance for buildings in special flood-hazard areas.
Applicability: Any Federally-assisted acquisition or construction project in an area identified as having special flood hazards. | Merger Process | 7/25/2012 2:43 PM | System Account |
| | | 4. Special Status Land Use | 6 | Purpose: Provide for outdoor recreation needs and encourage outdoor recreation.
Applicability: This act applies to projects affecting National scenic, historic, recreational and side/connecting trails designated by Congress and the lands through which such trails pass.
| Merger Process | 7/25/2012 2:47 PM | System Account |
| | | 4. Special Status Land Use | 7 | Purpose: Protection of navigable water in the United States.
Applicability: Any construction affecting navigable waters and any obstruction, excavation, of filling. Section 10 involves the creation of any obstruction and Section 9 addresses the construction of bridges, dams, causeways, etc. This Act requires permits for all structures such as riprap and activities such as dredging in navigable waters of the United States. Navigable waters are defined as those subject to the ebb and flow of the tide and susceptible to use in their natural condition or by reasonable improvements as means to transport interstate or foreign commerce. The ACE grants or denies permits based on the effects on navigation. Most activities covered under this Act are also covered under Section 404 of the Clean Water Act. All activities involving navigable waters of the United State require a Section 10 permit.
| Merger Process | 7/25/2012 2:51 PM | System Account |
| | | 4. Special Status Land Use | 8 | Purpose: Preserve and protect wild and scenic rivers and immediate environments for benefit of present and future generations.
Applicability: All projects which affect designated wild, scenic, and recreational rivers and immediate environment and rivers under study for inclusion into the system. The Act prohibits federal agencies from undertaking activities that would adversely affect the values for which the river was designated. | Merger Process | 7/25/2012 2:53 PM | System Account |
| | | 4. Special Status Land Use | 9 | Purpose: This Act preserves and protects wilderness areas in their natural condition for use and enjoyment by present and future generations.
Applicability: All lands designated by Congress as part of the wilderness system. | Merger Process | 7/25/2012 2:53 PM | System Account |
| | | 4. Special Status Land Use | 10 | Purpose: To ensure that the National Wildlife Refuge System is managed for the protection and conservation of the nation's wildlife resources and that activities on such public lands are compatible with long-term wildlife goals.
Applicability: This Act applies to proposed projects that might require right-of-way from a National Wildlife Refuge. A compatibility determination and special use permit is required by the FWS. | Merger Process | 7/25/2012 2:48 PM | System Account |
| | | 4. Special Status Land Use | 11 | Purpose: A State of North Carolina law (G.S. 113A) that established a cooperative program of coastal area management between local and State governments. State government established areas of environmental concern (AECs) and local government would perform the planning activities. The Act set primary guidelines and standards for protection, preservation and conservation of natural resources within the coastal area, economic development of the coastal area, recreation and tourism, and transportation for the coastal area. The Act created the Coastal Resources Commission. The Act defined the coastal area of the State, which includes 20 counties.
Applicability: FHWA (or State-funded NCDOT) projects within the coastal area may be required to obtain a CAMA permit for activities that potentially impact AECs.
| Merger Process | 7/25/2012 2:26 PM | System Account |
| | | 5. Community Impacts | 1 | Preamble (from Section 1996): To protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites.
Purpose: Protect places of religious importance to American Indians, Eskimos, and Native Hawaiians.
General Applicability: All projects affecting places of religious importance to Native Americans.
FHWA Applicability: Places of religious importance are eligible for the National Register, thus Section 106 of the NHPA is applicable if Federal funds are used.
| Merger Process | 7/25/2012 2:23 PM | System Account |
