NDDOT Environmental Section

1
NDDOTEnvironmental Section

• Changes in Material Clearance Procedures

Nicole Kunkel, Environmental Section Bob
Christensen, Cultural Resources Section
2
(No Transcript)
3
(No Transcript)
4
(No Transcript)
5
(No Transcript)
6
Environmental and Cultural Resource
ClearanceWhy It's Important
7
Why is Cultural ResourceClearance Required?

• Necessary for every project that is proposed.
• Section 106 of the National Historic Preservation
  Act.
• Section 4(f) of the 1966 U.S. Department of
  Transportation Act.

8
Preserve Historic Landmarks
9
Preserve Historic Forts
10
Preserve Historic Tribal Sites
11
Why is EnvironmentalClearance Required?

• Necessary if there is a federal action.
• National Environmental Policy Act of 1969 (NEPA).
  
• Clean Water Act of 1972 (CWA).
• Executive Order 11990.

12
Protection of Prairie Potholes
13
Wildlife Habitat
14
Waterfowl Habitat
15
Balancing Development and the Environment

• We need roads so that we can travel and transport
  goods throughout our state and to/from other
  areas of the country.
• Often, this means impacting the environment for
  the sake of development.
• The Environmental Section works to avoid or
  minimize wetland impacts and to preserve the
  benefits wetlands create through mitigation.

16
(No Transcript)
17
(No Transcript)
18
Environmental Section tasks

• The Environmental Section covers a lot of
  different jobs including, but not limited to
• Wetland Delineations
• Wetland Mitigation and Monitoring
• Jurisdictional Requests
• Section 404, Floodplain, and Sovereign Lands
  Permits
• Material Source Clearance (more on this in a bit)
• PCR PSE reviews
• Tracking Environmental Commitments
• Driveway Permits
• Essentially, the Environmental Section is
  involved throughout the entire life of a project.

19
Environmental Section staff

• Sheri Lares, Section Leader slares_at_nd.gov
• Tom Huncovsky thuncovsky_at_nd.gov
• Steve Kessler skessler_at_nd.gov
• Mike Bingle-Davis madavis_at_nd.gov
• Nicole Kunkel nkunkel_at_nd.gov
• Dan Ackerman dackerman_at_nd.gov

20
Cultural Resources Section Staff

• Bob Christensen, Section Leader rchriste_at_nd.gov
• Jeani Borchert jborcher_at_nd.gov
• Greg Wermers gwermers_at_nd.gov
• Valerie Barbie vbarbie_at_nd.gov

21
Material SourcesNew Clearance Process
22
Whats not changing?

• Material sources will still need to be cleared by
  the Environmental and Cultural Resources
  Sections.
• Request forms will still be necessary for new and
  expanding sites.
• The Material Source Approval Request form will
  still be located on the NDDOT website.
• Certificates of Approval will continue to be
  issued.

23
New Process

• The new clearance process is now in effect in the
  Environmental and Cultural Resource Sections
• The website new material source form will be
  accessible through the NDDOT homepage soon.
• Several main improvements.
• Quick access to Certificates of Approval for
  sites that are approved.
• Sites are approved by legal location rather than
  project.
• Forms can be submitted directly to the
  Environmental Section, rather than through the
  Project Engineer.
• Less paperwork faster turnaround times overall.

24
Why the new process?

• Significant increase in submittal of Material
  Source Approval Request forms in the past three
  years
• 2006 approximately 250 requests
• 2007 approximately 450 requests
• 2008 more than 1000 requests
• Concerns from stakeholders
• Every site required approval for each project it
  was used for.
• Length of time to approve sites.
• Please remember that Section 107.04 of the
  Standard Spec. allows at least 30 calendar days
  for approval of material source requests due to
  additional USFWS / Cultural Resource clearance
  for certain sites).

25
Material Source Requests

• If a Certificate of Approval is not on the
  website for the desired location, you will need
  to submit a request form.
• Sites that will be expanding beyond the area
  shown in the Certificate of Approval will need to
  be submitted for the full approval process.
• Previously approved sites will be reissued a
  Certificate of Approval at the beginning of each
  calendar year if there are no conflicts.

26
Applicant

• Check website for Cert. of Approval

Site Not Approved
Site Previously Approved

• Submit Material Source Approval Request Form

• Print Cert. of Approval
• Submit to Project Engineer for inclusion in the
  project record

Environmental Clearance
Cultural Resources Clearance
Approved
Not Approved

• Certificate of Approval
• Receive notification that the Cert. of Approval
  is on the website
• Print Certificate of Approval
• Submit to Project Engineer for inclusion in the
  project record

• Denial Memorandum
• Applicant is notified that a different material
  source area must be selected

27
Differences in the Process for Different
Applicants

• This step in the process takes place once the
  website has been checked and the site is not yet
  approved
• Contractors Submit request form to Environmental
  Section.
• Materials and Research Coordinate with USFWS to
  avoid Section 4(f) properties. Record the site
  with GPS unit and enter information into GIS
  database after testing has occurred. Submit
  request form to Environmental Section.
• Right of Way Coordinate with Environmental
  Section to avoid Section 4(f) properties. Submit
  request form to Environmental Section.

28
Form Submittal Changes

• As previously stated, if a Certificate of
  Approval is on the website for the desired
  location (and the site will not be expanding),
  then a new request form will not be required.
• The Request Form for new and expanding sites
  should be filled out electronically and submitted
  with a clear map via email to the
  materialsource_at_nd.gov inbox.
• Forms can still be filled out, printed, and
  mailed to the Environmental Section with a map
  however, they will take longer to approve due to
  the added mailing time.

29
Blank Form
Example
30
Example Maps
31
Avoidance Areas and Easements

• Avoidance Areas highlight any locations within a
  site that cannot be impacted.
• Include easement and non-easement wetlands and
  cultural resource areas.
• When the material source location is under USFWS
  easement, the approval process takes longer.
• The Environmental Section must coordinate with a
  representative from the USFWS Wetlands Management
  District (WMD) that the site is located in.
• After meeting at the site, the USFWS WMD
  representative must send a letter of approval to
  the Environmental Section.

32
Certificates of Approval

• Certificates of Approval will be available on the
  NDDOT website.
• http//www.dot.nd.gov/dotnet2/materialsource/certi
  ficatesofapproval.aspx
• A Certificate of Approval will still be required
  for every material source site that will be used
  for a project.
• The Design Project Engineer or Construction
  Project Engineer will place the Certificate of
  Approval in the project record.

33
(No Transcript)
34
(No Transcript)
35
(No Transcript)
36
(No Transcript)
37
Certificate of Approval Renewal

• All sites (except borrow) will be reviewed for
  renewal every winter.
• Borrow sites will be renewed every year for 3
  years to ensure that they will be available for
  their specific project.
• USFWS needs to review material source sites
  annually to ensure that there will be no impact
  to their interests.
• The Threatened and Endangered Species List is
  updated every 90 days, so the NDDOT negotiated to
  review sites once a year instead of every 3
  months.

38
Reminders

• Double-check for accuracy when filling out
  Request Forms. Incorrect township, section, and
  range is the most common error.
• Use maps that clearly show the legal location and
  the area that the site will encompass.
• Certificates of Approval are required for the
  material placed at stockpile locations, as well
  as the stockpile locations themselves.
• Feel free to send any questions to the NDDOT
  Material Source email inbox materialsource_at_nd.gov
  

39
Special Thanks

• Bob Christensen, Cultural Resources Section
• Tom Huncovsky, Environmental Section
• Greg Wermers, Cultural Resources Section
• And everyone who has put time and effort into
  making this project happen.

40
http//www.dot.nd.gov/dotnet2/materialsource/ cert
ificatesofapproval.aspx