1. Construction Management & Inspection
Environmental Compliance / CEQA & NEPA as it pertains to Construction Management

2. NEPA NEPA applies when the project has: Federal funding
Federal approval
Federal permit
encroach upon federal lands

3. NEPA Documents CE - Categorical Exemption
EA - Environmental Assessment
FONSI - Finding Of No Significant Impact
EIS - Environmental Impact Statement

4. EA Document
Used to assess if the project will have significant environmental impacts
No Impacts - a FONSI is prepared
Project has significant impacts - EIS is prepared

5. EIS Document Significant environmental reviews have been conducted
Includes Draft EIS with public notice
All work on the project will be addressed and documented

6. FONSI Document No significant impacts are anticipated or expected
Change order work will need to be reviewed to assess the level of impact

7. CE Document May or may not have studies completed
(c) list - No studies needed
(d) list - studies needed
MOU Appendix A - No studies needed

8. (c) List Activities
Activities that don’t directly lead to construction - Planning or research
Utility installations along or across transportation facility
Construction of bicycle and ped lanes, paths and facilities
Activities in the State’s highway safety plan
Installation of noise barriers, or alterations to buildings to provide noms reduction
Landscaping
Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur
Emergency work - (additional conditions apply)

9. (c) List Activities Acquisition of scenic easements
Improvements to existing rest areas and truck weigh stations
Ride sharing activities
Bus and rail car rehabilitation
Alterations to facilities in order to make them accessible for elderly and handicapped persons
Track and rail bed maintenance and improvements in existing R/W
Installation of operating or maintenance equipment located within a transit facility and with no significant impacts off site
IT facilities used to improve the efficiency or safety of a transportation system

10. (c) List Activities
23 U.S.C 101 projects within the operational right-of-way
Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of an existing facility
Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, adding auxiliary lanes (meeting constraints)
Highway safety or traffic operations improvement projects, including ramp metering and lighting (meeting constraints)
Bridge rehabilitation, reconstruction, or replacement, or grade separation to replace existing at-grade railroad crossings (meeting constraints)

11. List (c) Constraints
Actions in (c) with constraints may not be processed as CEs if:
Acquisition of more than a minor amount of R/W, or any residential or non-residential displacements
Bridge permits from Coast Guard, or does not meet the conditions of U.S. Army Corps general permit
Adverse effect to historic properties
Traffic control that results in major traffic disruptions
Changes in access control
Floodplain encroachment except functional dependent uses or open space use. Construction activities in Wild and Scenic Rivers area

12. List (d) Activities Transportation corridor fringe parking facilities
Construction of new truck weigh stations or rest stops
Approvals for changes in access control
New bus storage and maintenance facilities
Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities with minor land acquisitions.
Construction of bus transfer facilities in commercial area or other high activity center with adequate street capacity for bus traffic

13. Appendix A - Categories
Construction Modification or repair of stormwater treatment devices, slope stabilization, and other erosion control measures
Replacement, Modification, or repair of culverts or other drainage facilities
Fish, plant or wildlife habitat projects
Routine repair of facilities due to storm damage
Seismic retrofit of facilities without expansion of capacity
Drilling of test bores/soil sampling for preliminary design

14. CEQA Categorical Exemption
The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

15. Project Specific Permits
California Fish & Wildlife 1600
Regional Water Quality Board 401 Certification
Army Corps 404
US Fish and Wildlife

16. Project Specific Permits
Project description
General Conditions
Specific Conditions

17. Migratory Bird Treaty Act
May not disturb a migratory bird nests
Survey for nests Feb 1 through Sept
Establish buffers to protect nests
May establish protocols to prevent nesting within project limits

18. SWRCB - Construction General Permit
Projects are exempt if less than 1 acre
Projects receive a waiver if less than 5 acres and R- value less than 5
Changes to project can effect status
Duration
Total disturbed area
Additional phases

19. Questions?