Connecticut Department of Transportation Bureau of Policy & Planning

Federal & State Environmental Policy National Environmental Policy Act (NEPA) –Federal Funding –Intended to promote efforts which will prevent or eliminate damage to the environment Connecticut Environmental Policy Act (CEPA) –State Funding –The purpose of CEPA is to identify and evaluate the impacts of proposed State actions that could have the potential to significantly affect the environment –ConnDOT must adhere to an Environmental Classification Document (ECD), this is used to help determine which type of study is needed for a particular project National Environmental Policy Act (NEPA) –Federal Funding –Intended to promote efforts which will prevent or eliminate damage to the environment Connecticut Environmental Policy Act (CEPA) –State Funding –The purpose of CEPA is to identify and evaluate the impacts of proposed State actions that could have the potential to significantly affect the environment –ConnDOT must adhere to an Environmental Classification Document (ECD), this is used to help determine which type of study is needed for a particular project

Environmental Review Process All proposed transportation projects are evaluated by the Office of Environmental Planning –2 weeks to 1 month Any potential air, noise, wetlands, historical, archaeological, and socio-economic concerns for a proposed transportation project are flagged for investigation Section 4(f) of the U.S. DOT Act & Section 106 of the National Historic Preservation Act coordination begins if required Results in a recommended level of documentation –Categorical Exclusion (CE under NEPA) –Environmental Assessment (EA under NEPA) –Environmental Impact Statement (EIS under NEPA) –Environmental Impact Evaluation (EIE under CEPA) All proposed transportation projects are evaluated by the Office of Environmental Planning –2 weeks to 1 month Any potential air, noise, wetlands, historical, archaeological, and socio-economic concerns for a proposed transportation project are flagged for investigation Section 4(f) of the U.S. DOT Act & Section 106 of the National Historic Preservation Act coordination begins if required Results in a recommended level of documentation –Categorical Exclusion (CE under NEPA) –Environmental Assessment (EA under NEPA) –Environmental Impact Statement (EIS under NEPA) –Environmental Impact Evaluation (EIE under CEPA)

Agency Coordination –Department of Environmental Protection (DEP) –State Historic Preservation Office (SHPO) –U.S. Army Corps. of Engineers (ACOE) –Environmental Protection Agency (EPA) –Department of the Interior (DOI) –Advisory Council on Historic Preservation (ACHP) –Office of Policy and Management (OPM) –Federal Highway Administration (FHWA) –Federal Transit Administration (FTA) –Federal Aviation Administration (FAA) –Other State and Federal agencies as appropriate –Department of Environmental Protection (DEP) –State Historic Preservation Office (SHPO) –U.S. Army Corps. of Engineers (ACOE) –Environmental Protection Agency (EPA) –Department of the Interior (DOI) –Advisory Council on Historic Preservation (ACHP) –Office of Policy and Management (OPM) –Federal Highway Administration (FHWA) –Federal Transit Administration (FTA) –Federal Aviation Administration (FAA) –Other State and Federal agencies as appropriate

Potential Environmental Resource Considerations Noise Air Quality Biological Diversity Endangered Species Wetlands Floodplains Prime Farmland Land Use Surface & Groundwater Resources Noise Air Quality Biological Diversity Endangered Species Wetlands Floodplains Prime Farmland Land Use Surface & Groundwater Resources Hazardous Materials Section 4(f) & 6(f) Visual/Aesthetics Environmental Justice Socio-economic Historic & Archaeological (Section 106) Indirect & Cumulative Impacts Energy Impacts Construction Impacts Scenic Roads Hazardous Materials Section 4(f) & 6(f) Visual/Aesthetics Environmental Justice Socio-economic Historic & Archaeological (Section 106) Indirect & Cumulative Impacts Energy Impacts Construction Impacts Scenic Roads

Environmental Documentation State Level - CEPA Environmental Impact Evaluation – 1 year to 3 years Federal Level - NEPA Categorical Exclusion – 1 month + Environmental Assessment – 1 year to 2 years Environmental Impact Statement – 3 years + In practice, these processes takes longer due to impeding or delaying factors such as significant impacts to ecological resources, late discovery of a socio-economic or cultural resource, public controversy and disagreement among regulatory agencies. State Level - CEPA Environmental Impact Evaluation – 1 year to 3 years Federal Level - NEPA Categorical Exclusion – 1 month + Environmental Assessment – 1 year to 2 years Environmental Impact Statement – 3 years + In practice, these processes takes longer due to impeding or delaying factors such as significant impacts to ecological resources, late discovery of a socio-economic or cultural resource, public controversy and disagreement among regulatory agencies.

Environmental Impact Evaluation (CEPA) Prepared for state funded projects that have the potential to significantly affect the environment in an adverse manner Must be prepared for all state funded projects that involve activities listed in the Environmental Classification Document (ECD) and have significant environmental impacts Prepared for state funded projects that have the potential to significantly affect the environment in an adverse manner Must be prepared for all state funded projects that involve activities listed in the Environmental Classification Document (ECD) and have significant environmental impacts

Categorical Exclusion (NEPA) Categorical Exclusions are categories of actions which do not have a significant impact on the environment –Programmatic – Completed at ConnDOT - 1 week –Automatic – Completed at ConnDOT – 3 weeks –Individual – Must receive concurrence from Federal Agency – 1 month + Approximately ninety-five percent of projects are Categorical Exclusions translating to approximately 147 per year Few require a Federal Environmental Assessment or Federal Environmental Impact Statement Categorical Exclusions are actions which: –Do not induce significant impacts to planned growth or land use for the area –Do not require the relocation of significant numbers of people –Do not have any significant impact on cultural, recreational, historic or other resource –Do not involve significant air, noise, or water quality impacts –Do not have significant impacts on travel patterns –Do not otherwise, either individually or cumulatively, have any significant environmental impacts Categorical Exclusions are categories of actions which do not have a significant impact on the environment –Programmatic – Completed at ConnDOT - 1 week –Automatic – Completed at ConnDOT – 3 weeks –Individual – Must receive concurrence from Federal Agency – 1 month + Approximately ninety-five percent of projects are Categorical Exclusions translating to approximately 147 per year Few require a Federal Environmental Assessment or Federal Environmental Impact Statement Categorical Exclusions are actions which: –Do not induce significant impacts to planned growth or land use for the area –Do not require the relocation of significant numbers of people –Do not have any significant impact on cultural, recreational, historic or other resource –Do not involve significant air, noise, or water quality impacts –Do not have significant impacts on travel patterns –Do not otherwise, either individually or cumulatively, have any significant environmental impacts

Environmental Assessment (NEPA) Recommended when the significance of the impacts resulting from a project are not clearly established. An Environmental Assessment will assist in determining how significantly a project’s impact will affect the environment The purpose of an EA is to: –Provide evidence and analysis for determining whether to prepare an EIS or a Finding Of No Significant Impact (FONSI) –Aid in ConnDOT’s compliance with NEPA when no EIS is necessary –Facilitate the preparation of an EIS if required An EA must be approved by the Federal Agency before it is made available to the public, after which a 30 day review period begins After public comments are received and considered, a determination is made resulting in one of the following: –Preparation of an EIS –Preparation of a Finding Of No Significant Impact Recommended when the significance of the impacts resulting from a project are not clearly established. An Environmental Assessment will assist in determining how significantly a project’s impact will affect the environment The purpose of an EA is to: –Provide evidence and analysis for determining whether to prepare an EIS or a Finding Of No Significant Impact (FONSI) –Aid in ConnDOT’s compliance with NEPA when no EIS is necessary –Facilitate the preparation of an EIS if required An EA must be approved by the Federal Agency before it is made available to the public, after which a 30 day review period begins After public comments are received and considered, a determination is made resulting in one of the following: –Preparation of an EIS –Preparation of a Finding Of No Significant Impact

Environmental Assessment (NEPA) Timeframe for Preparation –Task Based Consultant –Develop Scope – 1 month –Negotiate Fee – 1-2 months –Prepare Draft EA – 10 months –Public Review Period – 45 days –Address Comments – 1-2 months based on comment issues –Prepare Final EA – 3-6 months based on complexity of issues Timeframe for Preparation –Task Based Consultant –Develop Scope – 1 month –Negotiate Fee – 1-2 months –Prepare Draft EA – 10 months –Public Review Period – 45 days –Address Comments – 1-2 months based on comment issues –Prepare Final EA – 3-6 months based on complexity of issues

Environmental Impact Statement (NEPA) Prepared for transportation undertakings that can significantly affect the environment in an adverse manner Solicit for consultant –Request permission from Commissioner of Transportation – 1 month –Prepare Letters of Interest request and distribute – 1 month –Interview Candidates – 2 weeks –Select Candidate – 1 month Draft Scope of Service –Prepare Draft Scope of Service – 2 months –Issue Notice of Intent in the Federal Register – 2 weeks –Draft Coordination Plan – 1 month –Invite Cooperating & Participating Agencies – 2 weeks –Place Legal Notice in Newspapers regarding Public Scoping Meetings – 1 week Agency Scoping Meeting Public Scoping Meeting –Receive and Incorporate Public Comments – 1 month –Receive and Incorporate Agency Comments – 1 month Finalize Scope of Service –Approve Scope & Coordination Plan by Cooperating & Participating Agencies – 2 months –Negotiate fee with consultant – 2 months –Develop Contract – Atty. Generals Office Approval– 3 months In practice, this process takes longer due to impeding and delaying factors such as resource agency issues with the scope of service Prepared for transportation undertakings that can significantly affect the environment in an adverse manner Solicit for consultant –Request permission from Commissioner of Transportation – 1 month –Prepare Letters of Interest request and distribute – 1 month –Interview Candidates – 2 weeks –Select Candidate – 1 month Draft Scope of Service –Prepare Draft Scope of Service – 2 months –Issue Notice of Intent in the Federal Register – 2 weeks –Draft Coordination Plan – 1 month –Invite Cooperating & Participating Agencies – 2 weeks –Place Legal Notice in Newspapers regarding Public Scoping Meetings – 1 week Agency Scoping Meeting Public Scoping Meeting –Receive and Incorporate Public Comments – 1 month –Receive and Incorporate Agency Comments – 1 month Finalize Scope of Service –Approve Scope & Coordination Plan by Cooperating & Participating Agencies – 2 months –Negotiate fee with consultant – 2 months –Develop Contract – Atty. Generals Office Approval– 3 months In practice, this process takes longer due to impeding and delaying factors such as resource agency issues with the scope of service

Environmental Impact Statement (NEPA) Preparation of Environmental Impact Statement –Issue Notice to Proceed Preparation of Draft EIS –Advisory Committee Meetings – Held regularly throughout process –Prepare DEIS, File Draft EIS with EPA and Publish Draft EIS – 18 months –Public Hearing on Draft EIS –Receive Public Comments – 45 days –Identify Preferred Alternative – 2 months –Prepare Final EIS and File Final EIS with EPA - 10 months –Issue Record of Decision – 6 months to 1 year Timeframes are based on the goals of SAFETEA-LU. In practice, this process takes longer due to impeding or delaying factors such as significant impacts to ecological resources, late discovery of a socio- economic or cultural resource, public controversy and disagreement among regulatory agencies. Preparation of Environmental Impact Statement –Issue Notice to Proceed Preparation of Draft EIS –Advisory Committee Meetings – Held regularly throughout process –Prepare DEIS, File Draft EIS with EPA and Publish Draft EIS – 18 months –Public Hearing on Draft EIS –Receive Public Comments – 45 days –Identify Preferred Alternative – 2 months –Prepare Final EIS and File Final EIS with EPA - 10 months –Issue Record of Decision – 6 months to 1 year Timeframes are based on the goals of SAFETEA-LU. In practice, this process takes longer due to impeding or delaying factors such as significant impacts to ecological resources, late discovery of a socio- economic or cultural resource, public controversy and disagreement among regulatory agencies.

Section 4(f) of the U.S. Department of Transportation Act “The Administration may not approve the use of the land from a significant publicly owned park, recreation area, wildlife or waterfowl refuge, or any significant historic site unless a determination is made that there is no feasible and prudent alternative to the use of the land from the property and the action includes all possible measures to minimize harm from such use” The Office of Intermodal and Environmental Planning identifies the potential Section 4(f) resource, use, impact of project avoidance, minimization, and mitigation measures are explored What type of resource is it? Historic Resource –State Historic Preservation Office coordination –Is resource on or eligible for National Register of Historic Places? –Is resource of local significance? –Complete Section 106 process to determine if resource is historic and if Section 4(f) applies Parks, Recreation Areas, or Wildlife Refuges –Identify resource by consultation with DEP, and/or other agency –Coordinate with project originating unit. Project must avoid 4(f) resource if feasible and prudent “The Administration may not approve the use of the land from a significant publicly owned park, recreation area, wildlife or waterfowl refuge, or any significant historic site unless a determination is made that there is no feasible and prudent alternative to the use of the land from the property and the action includes all possible measures to minimize harm from such use” The Office of Intermodal and Environmental Planning identifies the potential Section 4(f) resource, use, impact of project avoidance, minimization, and mitigation measures are explored What type of resource is it? Historic Resource –State Historic Preservation Office coordination –Is resource on or eligible for National Register of Historic Places? –Is resource of local significance? –Complete Section 106 process to determine if resource is historic and if Section 4(f) applies Parks, Recreation Areas, or Wildlife Refuges –Identify resource by consultation with DEP, and/or other agency –Coordinate with project originating unit. Project must avoid 4(f) resource if feasible and prudent

Section 4(f) of the U.S. Department of Transportation Act Section 4(f) Evaluations Section 4(f) Evaluations usually prepared concurrently with NEPA Documents –Stand alone evaluation – 6 months to 1 year (includes 75 day review period) –Programmatic Evaluation – 1 month to 6 months –De Minimis – 1 week to 4 weeks Written by a consultant or by ConnDOT staff Interested agencies are consulted for concurrence Resource Impacts are avoided; or Resource Mitigation is proposed Section 4(f) Evaluations Section 4(f) Evaluations usually prepared concurrently with NEPA Documents –Stand alone evaluation – 6 months to 1 year (includes 75 day review period) –Programmatic Evaluation – 1 month to 6 months –De Minimis – 1 week to 4 weeks Written by a consultant or by ConnDOT staff Interested agencies are consulted for concurrence Resource Impacts are avoided; or Resource Mitigation is proposed

Section 106 of the National Historic Preservation Act Section 106 requires federal agencies to factor the impacts their projects will have on historic properties and cultural resources, and allow the Advisory Council on Historic Preservation (ACHP) an opportunity to comment Project is evaluated for impacts to historic and/or cultural resources listed on or eligible for inclusion in the National Register of Historic Places Federal Agency in charge of the project coordinates with the State Historic Preservation Office via ConnDOT staff Consultation also takes place with the Advisory Council on Historic Preservation, Tribal Historic Preservation Officer, local government representatives, and the public Section 106 requires federal agencies to factor the impacts their projects will have on historic properties and cultural resources, and allow the Advisory Council on Historic Preservation (ACHP) an opportunity to comment Project is evaluated for impacts to historic and/or cultural resources listed on or eligible for inclusion in the National Register of Historic Places Federal Agency in charge of the project coordinates with the State Historic Preservation Office via ConnDOT staff Consultation also takes place with the Advisory Council on Historic Preservation, Tribal Historic Preservation Officer, local government representatives, and the public

Section 106 of the National Historic Preservation Act ConnDOT coordinates between the Federal Agency and the State Historic Preservation Office to determine a finding of one of the following: –“No Effect on Historic Properties” – Finding is logged into project files –“No Adverse Effect on Historic Properties” – Finding is logged with conditions to address in project documents –“Adverse Effect on Historic Properties” – Results in Memorandum of Agreement (MOA) between participants regarding how historic resources will be mitigated/preserved during project life Section 106 findings may result in avoidance of resources or mitigation of impacts to the resources via the use of consultants to document historic resources or the removal of archaeological cultural resources Both actions may require the completion of a separate Section 4(f) document to address impacts to historic and cultural resources ConnDOT coordinates between the Federal Agency and the State Historic Preservation Office to determine a finding of one of the following: –“No Effect on Historic Properties” – Finding is logged into project files –“No Adverse Effect on Historic Properties” – Finding is logged with conditions to address in project documents –“Adverse Effect on Historic Properties” – Results in Memorandum of Agreement (MOA) between participants regarding how historic resources will be mitigated/preserved during project life Section 106 findings may result in avoidance of resources or mitigation of impacts to the resources via the use of consultants to document historic resources or the removal of archaeological cultural resources Both actions may require the completion of a separate Section 4(f) document to address impacts to historic and cultural resources

Potential Delays Public Opposition Funding Review for Legal Sufficiency Mandatory review periods Environmental Issues/Fieldwork –Habitat –Wetlands Cultural Issues/Fieldwork –Access –Weather –Tribal Coordination Review/Approval/Permitting by Resource Agencies Public Opposition Funding Review for Legal Sufficiency Mandatory review periods Environmental Issues/Fieldwork –Habitat –Wetlands Cultural Issues/Fieldwork –Access –Weather –Tribal Coordination Review/Approval/Permitting by Resource Agencies