What does an Environmental Professional Do? A scientist at RTP working on air quality research for the EPA An engineer working for the Town of Cary designing a new sewage treatment plant Scientists and technicians cleaning up a hazardous waste site Planners preparing an environmental document for a new highway Talk about primary responsibilities as NEPA practitioners. What does this mean? I write federal documents that measure the environmental impacts of proposed federal actions or actions involving federal money.

The National Environmental Policy Act Legislation signed into law in 1970 Federal agencies mandated to consider the environmental implications of their actions Determine significance of environmental impacts 3 types of NEPA documents… NEPA is the justification for my job…

NEPA Documents Categorical Exclusion (CE) Environmental Assessment (EA) Environmental Impact Statement (EIS) Categorical Exclusions (CE) are prepared for federal actions that do not have a significant human and natural environmental effect. Environmental Assessments (EA) are prepared for federal actions where it is not clearly known how significant the environmental impact might be. If, after preparing an Environmental Assessment, it is determined that the project's impact is significant, an Environmental Impact Statement is then prepared. If not, a finding of "no significant impact" is documented. Finding of No Significant Impact (FONSI) is a statement indicating that a project was found to have no significant impacts on the quality of the human environment and for which an environmental statement will therefore not be prepared. Environmental Impact Statements (EIS) are prepared for federal actions that have a significant effect on the human and natural environment. Draft EIS (DEIS) and Final EIS (FEIS) are disclosure documents that provide a full description of the proposed project, the existing environment, and analysis of the anticipated beneficial and adverse environmental effects of all reasonable alternatives. Record of Decision (ROD) is a concise decision document for an environmental impact statement that states the decision (selected alternative or choice), other alternatives considered, and mitigation adopted for the selected alternative or choice.

NEPA Decision-Making Flow Chart (source: FHWA) How to determine what type of document is needed.

NEPA “Umbrella” NEPA includes: The Clean Air Act The Clean Water Act The Endangered Species Act The National Historic Preservation Act Section 4(f) of the DOT Act CERCLA, RCRA, SARA And more… The legislation is only 6 pages long. The intent of NEPA was that its goals be achieved by integrating them into the regular policies and procedures of the federal agencies. The purpose of the environmental document was to insure that agencies examine the consequences that might be expected from a proposed action before the final decision is made. The requirement is that these consequences be examined utilizing a systematic, interdisciplinary approach that ensures the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making.

Environmental Planning The North Shore Road Environmental Impact Statement Swain County, North Carolina Talk a little bit about this project….

The North Shore Road Project Articles: Read the articles provided. Take 15 minutes and skim for important information on the project/issues. Consider: Who is involved, what are their concerns History of the project, project setting and context

Who are the participants? Environmentalists Gateway community Swain County Interested US Citizens The TVA The state of NC The GSMNP Residents of the North Shore (before the park was formed)

What are their perspectives? Environmentalists: Don’t build the road. No development of GSMNP Gateway community: Build the road. Swain County: Split- both build and no-build. Majority of county commission want $ for economic development over a road. TVA: Legally bound to the MOA, but transferred the land to GSMNP.

What are their perspectives? The State of NC: Party to the MOA. Given $400,000 from the federal government to pay off the bonds for NC 288. GSMNP: Charged with protecting the park, party to the MOA, North Shore of Fontana Lake is within the park boundary, lead agency in the NEPA process. Residents of the North Shore: Want a road back for access to cemeteries, old home sites, their heritage…

The Planning Process Public Involvement Interagency Coordination Documentation: Existing Conditions Report, Preliminary Alternatives Report, Draft EIS, Final EIS, Record of Decision

The Planning Process Step 1: Purpose and Need & Goals and Objectives Step 2: Initial Data Gathering Step 3: Alternatives Development Step 4: Impact Analysis Step 5: Draft Environmental Impact Statement (DEIS) Step 6: Final Environmental Impact Statement (FEIS) Step 7: Record of Decision Step 8: Implementation of Project Decisions Scoping process. Letter sent to all environmental agencies in the state and those federal agencies that are involved Existing conditions phase- we determine what is in the study area in both the natural and human environments. The preliminary alternatives- consider all reasonable and feasible alternatives to the proposed action. NEPA requires us to consider a no-action alternative, which serves as the baseline conditions for the purpose of comparison. Collected data on natural and cultural resources, the human environment, traffic conditions, and other relevant data. Completed fieldwork. Analyzed the human/environmental consequences (i.e., impact topics). Refined alternatives, developed preliminary plans for build alternatives and detailed concepts for no-build alternatives. Developed and mailed the fourth project newsletter and updated the mailing list database and project website. Developed and mailed a public announcement for the workshops. Conducting public workshops to review final study alternatives, impact analyses, and solicit public feedback (from workshops). Collect and analyze public input. Develop a public announcement and update both the mailing list database and project website. Prepare and publish the DEIS. Release the DEIS for public comment. Opportunity to submit comments on the DEIS. Conduct Public Hearings to receive comments on the DEIS. Opportunity for oral input on the DEIS at Public Hearings. Collect and analyze public input. Respond to substantive comments received at the Public Hearings and during the DEIS comment period. Choose a preferred alternative. Prepare and publish the FEIS. Develop a public announcement to note the availability of the FEIS and update the project website. FEIS available for review. Prepare and publish the Record of Decision in the Federal Register and other media. Implement project decisions.

Public Involvement Act in accord with basic democratic principles Continuous contact between agency and non-agency people Use of a variety of techniques to target the project population Agencies actively solicit the public for information, concerns, etc. Focus on making decisions, rather than simply “informing” the public Public meeting held in Knoxville, Asheville, Bryson City, and Robbinsville every time we meet with the public. Met to introduce the project and the process Met during existing conditions and data gathering – broke out into small groups to get a better sense of the controversy. People were able to discuss their concerns with one another in the small groups, not just the project team. Met during the preliminary alternatives phase of the analysis to get a sense of what people would be happy with, or consider living with. What we found was that no one is willing to budge from their self interests to meet common interest solutions. Either people wanted the full build northern shore corridor or they wanted the monetary settlement rather than any of the compromising alternatives we developed. Many people feel it’s a numbers game, so the sierra club posted our comment sheet on their website and sent it out to all their members so that everyone would submit comments, while the build-the-road gang arrived via a bus to all the meeting (at all four locations) every time we go out there…and sign in each time. NEPA is not a numbers game- its not meant to be a vote. We will be conducting another series of public workshops to go along with the release of the DEIS, and more public involvement after that.

North Shore Road EIS Alternatives No-Action Monetary Settlement Laurel Branch Picnic Area Partial-Build Alternative to Bushnell (Option 1) Northern Shore Corridor (Option 1, 2, 3)

NEPA Alternatives

What will happen? A Preferred Alternative will be chosen in the Final EIS Impacts from the Preferred Alternative will be considered in depth in the Final EIS The lead agency will choose the alternative for implementation in the Record of Decision

Discussion Questions Do you think any of these alternatives would satisfy all those involved? Do you think 35+ miles of road should be constructed to satisfy the MOA? Do you think the families who used to live on the North Shore of Fontana Lake should be compensated for their loss of access? What will happen if a ROD is issued that does not satisfy everyone?