1. Nick Hines, CEP Natural Resource Supervisor WYDOT Nick.Hines@wyo.gov Local Public Agency guide to getting through NEPA

2. Not a NEPA Class Overview of the Categorical Exclusion Template Common Questions and Mistakes Contacts for questions and help Websites for technical information

3. Congress enacted The National Environmental Policy Act (NEPA) in December of 1969 First Major Environmental Law in the Untied States Requires Agencies to evaluate the environmental effects of their proposed actions PRIOR to making decisions Two Major Purposes of NEPA Assist in making informed decisions Increase citizen involvement in decision making

5. WYDOT Environmental Services web page has information and additional links on NEPA. http://www.dot.state.wy.us/home/engineering_technical_programs/environmental _services.html http://www.dot.state.wy.us/home/engineering_technical_programs/environmental _services.html Environmental Services Local Public Agency Website http://www.dot.state.wy.us/home/engineering_technical_programs/environmental _services/LPA.html http://www.dot.state.wy.us/home/engineering_technical_programs/environmental _services/LPA.html FHWA Environmental Review Toolkit https://www.environment.fhwa.dot.gov/index.asp https://www.environment.fhwa.dot.gov/index.asp A Citizen’s Guide to the NEPA https://ceq.doe.gov/nepa/Citizens_Guide_Dec07.pdf https://ceq.doe.gov/nepa/Citizens_Guide_Dec07.pdf 23CFR 771 http://www.ecfr.gov/

6. NEPA is required on all projects that have a federal action. Federal Actions can include: Federal Money – Transportation Alternatives Program (TAP) or other federal money that passes through a state agency. Federal Permit – Waters of the US permit (USACE), U.S. Forest Service Special Use Permit Federal Land - Crossing federal Land, land use change The Federal Highways Administration (FHWA) is the lead Agency on most WYDOT pass through funding.

7. FHWA and WYDOT have created a Memorandum of Agreement(MOA) for Approval of Categorical Exclusions Outlines procedures for processing Categorical Exclusions (CE) for federal-aid actions. MOA covers three types of CEs (Programmatic, General and Comprehensive) LPA projects fall under this MOA. WYDOT has completed a CE template for local agencies to follow and comply with Federal Regulations. The template is a modified version of a General and a Comprehensive CE Categorical Exclusions are projects that have no significant environmental impacts.

8. http://www.dot.state.wy. us/home/engineering_te chnical_programs/enviro nmental_services/LPA.ht ml CE Example – good example of how to fill out the forms When starting a new CE - always use the latest Local Agency CE Template found on this website.

9. The CE sections include Project Location and Description Purpose and Need Alternatives Affected Environment / Impacts Public Participation Mitigation Summary Prepared by Determination Statement Signatures Attachments

11. Project Number – Put the WYDOT-Local Government Office project number here. Figure s – Needs to show location of the proposed work and preferably the proposed improvements. If there are multiple locations within the city provide an overview map and more specific maps. Must be on WYDOT Letterhead Must be addressed to Joe Daily at FHWA

12. Purpose and Need The most critical part of the NEPA process Establishes the projects needed, determine alternatives and helps guide the alternatives.

13. Summary of all environmental impacts and project related concerns. Broken into four major areas 1. Social/Socioeconomic 2. Cultural 3. Natural Environment 4. Physical NOTE: All material, borrow, plant sites, waste sites must be included in the NEPA clearance for the Project

14. Land Use Changes – What are the current and future land uses in the area? Relocation Potential – Will you have to relocate any residential or businesses? Churches and Schools – Any in the area? Explain impacts to them during construction and after. Controversy Potential – Is there controversy from the community and adjacent neighbors? Energy – Impacts to energy production resources (oil, gas, coal, uranium, etc) Utilities – Any utilities in the area? Will you have to relocate or temporarily impact utilities. Designated Emergency Routes – If impacting a emergency route have you contacted the emergency agencies?

15. Environmental Justice – Low-income or minority families, housing, neighborhoods in the area. Will these areas be disproportionally effected due to the project. Public Transportation – Any impacts to routes or stops? Right-of-Way – Are you taking ROW? Is the project contained on property owned by you? Construction Permits – Any temporary use of land not owned by you. Pedestrian and Bicycle – Are you closing any paths or impacting an pedestrian or bicycle facilities?

16. Archaeological and Historic Impacts – Must include the stipulation below Must match SHPO’s determination Tribal Consultation will be completed by WYDOT

17. Local Agency Scopes SHPO No Effect Include scoping letter and response from SHPO in CE Need Cultural Survey Hire Consultant to Perform a Cultural Survey Submit Draft Report to WYDOT for Review Before Finalizing Consultant makes corrections, if necessary Submit Final Report to WYDOT for Consultation with SHPO WYDOT provides SHPO concurrence to Local Agency for inclusion in the CE

18. Section 4(f) – Created from the 1966 DOT Act. Protects both Cultural and Recreation sites. Cultural – Historic sites of national, state or local significance in public or private ownership regardless of whether they are open to the public. Recreational – Parks and recreational areas of national, state or local significance that are both publicly owned and open to the public. AND Publicly owned wildlife and waterfowl refuges of national, state or local significance that are open to the public to the extent that public access does not interfere with the primary purpose of the refuge. https://www.environment.fhwa.dot.gov/4f/4fpolicy.asp#apply

20. Must have the stipulation language that is in the CE template. Do not Delete it. Determination you select must match the determination SHPO provides. Section 4(f) programmatic determination does not need to be included if you are not impacting a section 4(f) site (i.e. project all within the ROW. You do not need a letter from the owner of the park or section 4(f) resource if you do not have the resource.

21. Waters of the U.S. and Wetlands - http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPerm its/reg_supp.aspx http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPerm its/reg_supp.aspx http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Wyoming/Nati onwidePermits.aspx http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Wyoming/Nati onwidePermits.aspx Water Quality –http://deq.wyoming.gov/wqd/http://deq.wyoming.gov/wqd/ Wild and Scenic Rivers – http://www.rivers.gov/http://www.rivers.gov/ Floodplains – http://www.fema.gov/information-state-local-officials orhttp://www.fema.gov/information-state-local-officials http://www.nwo.usace.army.mil/ Farmlands – http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/ http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/ Wildlife and Habitat - http://wisdom.wygisc.org/ or http://nrex.wygisc.org/http://wisdom.wygisc.org/ http://nrex.wygisc.org/ Threatened and Endangered Species - https://ecos.fws.gov/ipac/https://ecos.fws.gov/ipac/ Vegetation – NRCS, Wisdom, NREX Ecosystem – http://enviroatlas.epa.gov/enviroatlas/InteractiveMapEntrance/InteractiveMa p/index.html http://enviroatlas.epa.gov/enviroatlas/InteractiveMapEntrance/InteractiveMa p/index.html

22. If you identify wetlands on the project I need to see the Aquatic Resources Inventory Report (wetland delineation). Do not identify T&E habitat and then later say no impacts without a survey or supporting documentation. You can use Information Planning and Concervation System (IPAC) but we also need a letter from USFWS. Ecosystem language – There will be temporary impacts to various aspects of the community of living and non-living organisms in the ecosystem. These temporary impacts are present only at the local level and will not create permanent regional ecosystem impacts.

24. Hazardous Waste sites can be checked by calling the Wyoming Department of Environmental Quality http://deq.wyoming.gov/shwd/ or http://deq.wyoming.gov/shwd/rcra-facilities/http://deq.wyoming.gov/shwd/http://deq.wyoming.gov/shwd/rcra-facilities/ WYDOT noise policy is online at http://www.dot.state.wy.us/files/live/sites/wydot/files/shared/Environ mental_Services/Documents/2011%20Noise%20Analysis%20and%20A batement%20Policy.pdf http://www.dot.state.wy.us/files/live/sites/wydot/files/shared/Environ mental_Services/Documents/2011%20Noise%20Analysis%20and%20A batement%20Policy.pdf Plant sites need to be identified and environmentally cleared in the CE, if not using contractor furnished. Pit and Borrow areas need to be identified and environmentally cleared, if not using contractor furnished. If you are using a contractor furnished plant and material source you can use the following language: “Borrow sources and plant sites will be contractor furnished and materials will come from commercially available sources.”

27. Attachments should include your site location and proposed improvements. Attach all additional agency correspondences this includes correspondences that you send and that you receive. Attach supporting reports like the Aquatic Resources Inventory Report and biological reports. Cultural Reports are not to be attached to the CE, due to prohibiting the disclosure of site location data. Federal Agencies U.S. Bureau of Land Management U.S. Forest Service U.S. Bureau of Reclamation U.S. Army Corp of Engineers * U.S. Fish &Wildlife Service* Tribal Coordination State Agencies Wyoming Game and Fish* State Historic Preservation Office (SHPO)* Wyoming State Land Office * All CE’s must at a minimum have correspondence letters from these agencies.

28. This form is a quick summary of what your CE covers and the impacts. This form can also be used when performing a site investigation as a reminder of what your CE needs to cover

29. Consider hiring a consultant if you can not confidently answer the questions in the CE template. Always make sure you are using the most current CE template, which is found on the WYDOT website. Include all agency letter to and from outside agencies Provide a clear project description and figures Provide a clear description of the scope of work Do not forget your Section 4(f) letter, if needed Read your agency response letters and make sure it matches what you are saying in your CE CE must cover all stages of the construction of this contract and beyond. Do not delete the SHPO stipulation We have examples of good CEs on our website. LGC Office has examples of scoping letters.

30. Do not issue final plans before you have an approved CE from WYDOT WYDOT Local Government Office will assign the project number Consistency – make sure you have it. Do not delete topics out of the CE – make sure you address all the headings CE Template has questions you can answer or you can write a paragraph that addresses those questions A NEPA document is required before engaging in the right- of-way process and before construction WYDOT will review a draft CE Once the CE is completed you still need to wait for an AFE from the Local Government Office to proceed.

31. The LGC Office has copies of other letters as well as the letters attached in the good CE example on the Environmental Services website.

32. Please submit your completed CE’s to the Local Government Coordination (LGC) Office for processing. Please have all local signatures. LGC will coordinate with the Environmental Services Program for CE review and concurrence. WYDOT will coordinate with FHWA for signature, if needed Environmental Services will send the signed CE back to LGC LGC will return the signed CE to the Local Public Agency (LPA). Along with the next steps WYDOT Environmental Services will review a draft of the CE before it is signed and finalized by the preparer, if requested.

33. General Questions, Recreational 4(f) and for CE review Nick Hines nick.hines@wyo.gov 777-4156 – Please contact me firstnick.hines@wyo.gov Archeological and Cultural 4(f) Dr. Julie Francis Julie.Francis@wyo.gov 777-4740Julie.Francis@wyo.gov Historical Jason Bogstie Jason.Bogstie@wyo.gov 777-4220Jason.Bogstie@wyo.gov Wetlands Deb Ferguson Deb.Ferguson@wyo.gov 777-4702Deb.Ferguson@wyo.gov Erosion Control John Samson John.Samson@wyo.gov 777-4702John.Samson@wyo.gov Wildlife and Fisheries Tom Hart Thomas.Hart@wyo.gov 777-4495Thomas.Hart@wyo.gov

34. FHWA Environmental Contact Randy Strang - 307-771-2949 - Randy.Strang@dot.govRandy.Strang@dot.gov FHWA Planning and Right-of-Way Contact Jeff Purdy – 307-771-2942 - Jeffery.Purdy@dot.govJeffery.Purdy@dot.gov US Army Corps of Engineers Mike Happhold - 307-772-2300 Mike.T.Happold@usace.army.milMike.T.Happold@usace.army.mil Wyoming DEQ-Water Quality WYPDES Barb Sahl - 307-777-7570 - Barb.Sahl@wyo.govBarb.Sahl@wyo.gov State Historical Preservation Office Mary Hopkins - 307-766-5324 - Mary.Hopkins@wyo.govMary.Hopkins@wyo.gov Wyoming Game & Fish Dept. Mary Flanderka - 307-777-4677 - Mary.Flanderka@wyo.govMary.Flanderka@wyo.gov US Fish & Wildlife Service Mark Sattelberg - 307-772-2374 - Mark_Sattelberg@fws.govMark_Sattelberg@fws.gov

35. FHWA Wyoming Division Office Directory http://www.fhwa.dot.gov/wydiv/directory.cfm FHWA videos: http://www.fhwa.dot.gov/federal- aidessentials/http://www.fhwa.dot.gov/federal- aidessentials/ AASTO’s Practitioner’s Handbook on writing Quality Environmental Documents: http://environment.transportation.org/p df/programs/pg15-1.pdfhttp://environment.transportation.org/p df/programs/pg15-1.pdf