ST0502A-CS090501Page 1 of 1
Keith Marvin -Freeport Environmental
From: "Matt Atkins" <matkins(a~tnp-online.com>
To: "Keith Marvin" <kmarvin(a~ci.coppell.tx.us>
Date: 5/1/2009 3:43 PM
Subject: Freeport Environmental
Attachments: Document.pdf; EnvironmentalReview.pdf
Keith,
We have reviewed the environmental checklist required by NCTCOG and determined that we would need the
help of an environmental firm to aid in the completion of the required elements. I have attached a section of the
scope we received from Integrated Environmental Solutions, LLC and AR Consultants, Inc. Additionally we would
coordinate the completion of the checklist, provide pertinent design information, and provide any exhibits required
to complete the checklist. With our combined efforts, we will work to get the environmental documents prepared
and submitted to the appropriate agencies and NCTCOG for review and approval. Our fee for completing this
would be $20,000. Please take a look at these documents and let me know if you have any questions. We are
ready to prepare an amendment to our contract and begin work immediately in order to expedite the schedule. I
have attached the checklist for you as well. Thanks and have a great weekend!
Matt Atkins, P.E.
Project Manager
~_- -
12160 North Abrams Road, Suite 508
Dallas, Texas 75243
214.461.9867 office
214.461.9864 fax
matkin~ a~tnp-online.com
www.tnp-online.com
file://C:\Documents and Settings\kmarvin\Local Settings\Temp\XPGrpWise\49FB 189DCit... 5/12/2009
~~
28 Apri12009
Attachment A: Scope of Services
Introduction
Based on the upfront payment by the North Texas Tollway Authority (NTTA) to the Texas Department of Transportation (TxDOT) for
the right to develop the State Highway (SH) 121 tollroad project, $3.2 billion in funding was deposited in an account to provide
regional funding for transportation improvements. The Regional Transportation Council (RTC) was designated with the authority to
allocate the monies across the region. Projects that are located on state/federal roadway systems, must comply with the appropriate
level of environmental review, permitting, other approvals, and puhlir, notices rw.quiremen~ (e g 43 Texas Administrative Crxfe
[TAG], Part 1, Chapter 2, Subchapter A andlor the National Environmental Policy Act [NEPA)). Recipients of SH 121 funding that
are off system roadway do not have to meet the requirements of X13 TAG, Part 1, Chapter 2, Subchapter A, but they must comply
with all environmental review and public involvement requirements applicable under state and federal law and local environmental
review focused on permitting and other approvals. Additionally, each project will require an agreement between TxDOT and the
implementing agency, which will include a section requiring North Central Texas Council of Government (NCTCOG) review of the
local environmental documents for project funded through SH 121 funds. Since very few local governments have environmental
review processes that meet the intent of NEPA, the NCTCOG has developed a Oraft Environmental Review Process for Local
Projects, this review process includes a seven page worksheet provrd~ng environmental mtormaUon to the NC I COG reviewers.
Location
The proposed project is located on Freeport Parkway between Ruby Road and Sandy Lake Road, in the City of Coppell, Dallas
County, Texas. The project location was provided to I ntegrated Environmental Solutions, LLC (IES) on 23 April 2009.
Description of Services
IES will provide professional services to complete the NCTCOG Environmental Review Checklist for Local Projects. An initial
meeting with the project engineer and the City of Coppell will be included to coiled data on the project information specific to the
Environmental Review Checklist.
This assessment will include a site visit, which will
• identify water features, determine it those features could be considered waters of the United States, provide Global
Positioning System (GPS) data as to the location and dimensions of the water features;
^ describe the vegetation communities within the proposed project corridor and give approximate acreage of those
cornmun hies:
^ identify any active/inactive migratory bird nests located within the project corridor; and
• identify any potential hazardous materials, hazardous wastes, or areas of environmental concern based on visual
inspection.
The site visit will include photo documentation of the project corridor, including examples of the vegetation communities, bird
nests, and documentation of all water features. Dala forms collected from the site visit will meet the requirements of the
permitting agencies (i.e., U.S. Army Corps of Engineers [USAGE], Texas Parks and Wildlife Department [TPWD], and U. S. Fish
and Wildlife Service [USFWS]) for a description of the existing conditions and impact assessments. IES will also collect data
from the TPWD Natural Diversity Database (NDD) to locate any sensitive or unique wildlife or vegetation communities within 1.5
miles up to 10 miles from the project corridor.
Additionally, IES will provide a Cultural Resources Assessment per the requirement of the relevant Texas Antiquities Code
sections and coordination with the Texas Historic Cornmission and State Historic Preservation Officer. These services are to be
provided by AR Consultants, Inc., with technical staff that meets all the requirements to perform these services. The scope of
services is included as Exhibit C.
Once the site visit has been completed and data collected from project engineer, the Environmental Review Checklist, including
any figures, will be provided to the project engineer and the City of Coppell for review and comment. Once finalized, the
materials will be submitted to the appropriate office within the NCTCOG to begin their review process. IES will provide
coordination with the NCTCOG, as necessary on the Environmental Review Checklist.
Information Furnished by Client
The client (or its representative) wilt provide the engineering designs as needed through the development of the project, which
will include (but not limited to) topography, plan and profile drawings, cross sections of any stream improvements, and
construction types. The client wiN provide IES will rights-of-entry within the project corridor.
Special Conditions
Page 1 of 2 Commercial Contract
Environrnental Services
(~ (L I~p r- S u ~rw ti+rS
Introduction
AR Consultants, Inc. is pleased to submit this proposal to Integrated Environmental
Solutions, LLC (IES) for a comprehensive pedestrian archaeological survey of the
proposed expansion to Freeport Parkway from Ruby Road to Sandy Lake Road in the
City of Coppell. The route is approximately 2,766 feet tong.
We are familiar with the area having conducted studies at Wagon Wheel Park (Skinner
1999).
(n order to perform the archaeological survey, AR Consultants, [nc. intends to perform
the following tasks.
'Tasks
1) acquire an antiquities permit from the 'I'cxas Historical Commission ('I'l~C).
2) perform archival research necessary for this archaeological survey.
3) conduct an intensive pedestrian archaeological survey. The tilll length of the study
con-idor route will be walked over by a crew walking transacts spaced at 20 rn or less
intervals. Shovel testing will be conducted along the rclutc as recommended by the
Council of Texas Archeologists (2002). The fine sandy loam li~c~m the shovel tests will be
screened through 'i4 1nGh [IICJ11 afld tIIC pll Walls Y15uillly IIlSpCCted. II a prClll5lUr1(: SIIC Iti
encountered during shovel testing, at least G additional shovel tests will be required to
delineate the site's holzlontal boundaries. A site form and sketch map of the site will be
made. "1`he same process will be conducted for a historic site except that archival research
such as at the County Records office will be necessary. Notes on the telTain, soils,
vegetation and other relevant information will be made and photographs taken.
4) artifacts located during the survey and shovel testinl; will not be collected but
cataloged and photographed in the field.
5) within two weeks after the Held work and analysis is completed, a draft copy of
the archaeological report, following the report guidelines recommended by the Council of
Texas Archeologists (ND) and accepted by the TFIC, will be submitted to lES and after
their review to the Archeology Division of the Texas FIistorical Commission (TIIC).
6} after the review, revisions will be made and 20 final copies (19 bound and 1
unbound) and a copy of the report on an archival quality CD will be submitted to the
'I'HC and five copies will be mailed to IES for their records.
AR CONSULT~INTS, INC.
DRAFT
Environmental Review
Process for Loca I Projects
March 5, 2009
This Page Intentionally Left Blank.
~' ='~-~-~ Environmental Review
°~ _ _ _ Process for Local Projects
1.0 BACKGROUND
In 2007, the 80th Texas Legislature passed Senate Bill 792, redefining the way toll projects are
delivered throughout the state and creating a process through which the market value of a
project is determined. Following the 80th session, the Texas Department of Transportation
(TxDOT), North Texas Tollway Authority (NTTA), and North Central Texas Council of
Governments (NCTCOG) worked together to develop SH 121, a critical corridor in Collin,
Dallas, and Denton Counties.
The result was a $3.2 billion upfront payment to TxDOT by the NTTA for the right to develop,
finance, design, construct, operate, and maintain the SH 121 tollroad project. Texas
Transportation Code [43 Texas Administration Code (TAC) 2.1, Section 228.012] requires
TxDOT to create a separate account in the state highway fund to hold this type of payment for
each project, system, or region, and to hold money in a subaccount in trust for the benefit of the
region in which a project or system is located. The responsibility for allocating money in the SH
121 subaccount has been assigned to the Regional Transportation Council (RTC), the
transportation policy council of the NCTCOG. This subaccount will provide funding for the
Regional Toll Revenue (RTR) initiative established by RTC, which will help construct numerous
projects throughout the Dallas-Fort Worth region.
For projects to be funded with money in the SH 121 subaccounts that are on the state/federal
roadway system (e.g., on-system) or include other state/federal transportation monies, the
projects must comply with state/federal environmental review, permitting, and other approval
and public notice requirements [i.e., 43 TAC, Part 1, Chapter 2, Subchapter Aand/or the
National Environmental Policy Act (NEPA)]. Other projects to be funded with money in the SH
121 subaccounts that are not part of the state/federal roadway system (e.g., off-system) and
have no other state/federal transportation monies allocated to the project will not be required to
comply with 43 TAC, Part 1, Chapter 2, Subchapter A, Rule 2.1(b)(3) as amended February 19,
2009, or NEPA. However, the entity responsible for implementing the project must comply with
all environmental review and public involvement requirements applicable under state and
federal law and a local environmental review focused on permitting and other approvals. Each
project will require an agreement between TxDOT and the implementing agency. This
agreement will include a section requiring NCTCOG review of the local environmental
documents for projects funded under the agreement.
Many local governments do not have a formal local environment review process for
transportation projects. Some local agencies, such as the NTTA, Dallas Area Rapid Transit,
and Denton County Transit Authority, have developed an environmental review that mimics
NEPA documents for projects funded with local monies. This document is then approved by
their respective boards rather than a federal or state agency.
2.0 OVERVIEW OF PROPOSED PROCESS
To assist implementing agencies in fulfilling the local environmental review requirements that
may not have an established process, NCTCOG has researched and developed a local
environmental review. The purpose of the review is to ensure the implementing agency is
complying with applicable state and federal laws and regulations. Figure 1 shows the proposed
process for completing the local environmental review. This local environmental review process
must be completed before monies for either right-of-way acquisition or construction are
distributed by TxDOT.
3/5/2009 1 Working Copy
;~~~--~ Environmental Review
°~ Process for Local Projects
Figure 1: Local Environmental Review Process for Off-System RTR Projects
RTC Call for Projects
~ Project Selected ~
Is the \
Must Comply Yes Project on the State or
with NEPA Federal System or has
Other Federal or State
Funding?
Must Comply
No with Local
Environmental
Review
Complete Local
Environmental Review
Review and Comment
by NCTCOG
Approval by
Implementing Agency
Submit Approval &
Final Documentation to
NCTCOG (if revised)
To facilitate and streamline the local environmental review process, an environmental checklist
(Appendix A) and instructions (Appendix B) have been developed to help ensure the
implementing agency is complying with applicable state and federal laws and regulations. Once
the local environmental process has been completed by the implementing agency, it should be
submitted to NCTCOG a minimum of 60 days prior to approval by the implementing agency.
NCTCOG will review the form and provide comments to the implementing agency. The
implementing agency may revise the document, as appropriate, and then gain local approval of
the document. A copy of the approval and final document (if revised from the original submittal
to NCTCOG) should be submitted to NCTCOG.
3/5/2009 2 Working Copy
~~ 0.-~ Appendix A: Environmental
° Review Checklist for Local Projects
3/5/2009 A-1 Working Copy
~•---- Appendix A: Environmental
°~ Review Checklist for Local Projects
4. Is the project along a transit, pedestrian, bicycle, or haul route? If no, go to 15. ( )Yes ( ) No
14A. Will the project interfere, restrict, or otherwise permanently impact these ( )Yes ( ) No
routes? If no, go to 15.
14B. Has the proper authority/agency been contacted? ( )Yes ( ) No
5. Does the project cross or involve a railroad crossing (at-grade or grade- ( )Yes ( ) No
eparated? If no, go to 16.
15A. Will the project change the number of at-grade roadway/railroad ( )Yes ( ) No
crossings?
15B. Has an agreement with the railroad been executed? If yes, attach to form. ( )Yes ( ) No
6. List any local governmental approvals (e.g., Board/Council/Commission) or permits that have
Will additional right-of-way be needed? If no, go to 20. ~'; ( )Yes ( ) No
18A. How much (total acres) is needed?
186. How many parcels will be affected? ..__
18D.
Yes ( ) No
3/5/2009 A-2 Working Copy
~"~~ Appendix A: Environmental
'~ Review Checklist for Local Projects
19. Will any buildings and/or structures be displaced? If no, go to 19.
19A. How many structures will be displaced? _
196. Indicate the number for each type:
• Single-Family
• Multi-Family Buildings and Units
• Commercial
• Industrial ___.._ .------- ~------__--
_un_®__~_... _ ...._ . __.__
• Places of Worship
• Public Facilities
• Other
19C. Will relocation assistance be provided?
20. Will utilities need to be relocated? If no, go to 21.
20A. List the type of utilities to be relocated and any special considerations that
known.
206. Have utility conflicts been resolved? If yes, go to 21. If no, what are the
procedures to resolve the conflicts and anticipated schedule for resolution?
( )Yes ( ) No
Yes ( ) No
Yes ( ) No
( )Yes ( ) No
20C. Have the required utility permits been obtained? If yes, list the types and ( )Yes ( ) No
dates. If no, list the types and anticipate dates.
( )Yes ( ) No
3/5/2009 A-3 Working Copy
m-~-~ Appendix A: Environmental
Review Checklist for Local Projects
22. Will the project affect dedicated publicly owned parkland, wildlife refuges, or ( )Yes ( ) No
recreation areas? If yes, describe the property affected, type (e.g., use, number of
acreage affected), and impact.
and impact and attach the THC Antiquities Permit.
on the NRHP? If yes, describe the resource (e.g., list address) and
Has this project been coordinated with the THC? If yes, attach all relevant
correspondence.
Have you coordinated with your local historic preservation organization?
Will the construction plans include a specification that requires all work in the
~ to cease and contacted THC immediately if a suspected archeological
:ct/artifact is found or uncovered durina construction operations?
( )Yes ( ) No
( )Yes ( ) No
( )Yes ( ) No
( )Yes ( ) No
( )Yes ( ) No
. _._. _ __
Are there any federal threatened or endangered species and/or their habitat ( )Yes ( ) No
ated within the project area? If no, go to 29.
28A. Has coordination been initiated with USFWS and has apresence/absence ( )Yes ( ) No
survey been conducted?
28B. If yes, explain the results of the coordination and survey efforts and attach all relevant
correspondence. If no, when will the coordination be initiated?
:. Will the construction plans include a specification that requires all work in ( )Yes ( ) No
area to cease and contact USFWS immediately if a suspected federally-listed
~atened or endangered species is encountered during construction
3/5/2009 A-4 Working Copy
~. ~~-~ Appendix A: Environmental
Review Checklist for Local Projects
•~ ~~ ~
29. Are there any state threatened or endangered species and/or their habitat ( )Yes ( ) No
located within the proposed project area? If no, go to 30.
29A. Has coordination been initiated with TPWD? ( )Yes ( ) No
29B. If yes, explain the results of the coordination efforts and attach all relevant correspond ence.
If no, when will coordination be initiated?
-- -
30. Based on field observations, are migratory birds located in the proposed ( )Yes ( ) No
project area?
31. Are old or abandoned migratory bird nest located in the proposed project ( )Yes ( ) No
area? State the type of nest and abundance.
32. Will the construction plans include specifications that will require compliance ( )Yes ( ) No
with the Mi rato Bird Trea Act?
y V <
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33. Does the proposed project area cross any prime or unique farmlands that is
( )Yes (
) No
not already in or committed to urban development? If yes, fill out form CPA-106 and
submit to the NRCS and attach a co to this form.
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34. Will the project impact any USACE wetlands, water bodies, or streams? If no, ( )Yes ( ) No
go to 35.
34A. Will the impacts be authorized under a NWP? If no, go to 34B. ( )Yes ( ) No
34A.i Will a PCN be required? ( )Yes ( ) No
34A.ii Specify what NWP will be used and the include date (or anticipated NWP:
date) of permit. Date:
346. Has the USACE issued the IP? List the date (or anticipated date) of permit. ( )Yes ( ) No
Attach all relevant correspondence. Date:
s ,
35. Will the project require a USACE permit? If no, go to 36. ( )Yes ( ) No
35A. Are the impacts covered under the USACE permit equal to or greater than ( )Yes ( ) No
three acres of water bodies or wetlands or equal to or greater than 1,500 linear
feet of stream? If no, go to 356.
35A.i. Has a Tier II Section 401 water quality certification been submitted ( )Yes ( ) No
to the TCEQ?
35A.ii Have BMPs been included in the construction plans? Go to 36. ( )Yes ( ) No
35B. Has a Tier I Section 401 water quality certification checklist been ( )Yes ( ) No
completed for the permit and sent to the USACE with the PCN or IP (if ( )Not Applicable
applicable)?
36. Will the project disturb more than one acre but less than five acres? If no, go to ( )Yes ( ) No
37.
36A. Do the construction plans comply with the TPDES General Permit for ( )Yes ( ) No
Construction Activity and include a SW3P?
37. Will the proposed project disturb more than five acres? If no, go to 38. ( )Yes ( ) No
37A. If yes, has a NOI been filed with the TCEQ detailing the SW3P for the ( )Yes ( ) No
ro'ect?
3/5/2009 A-5 Working Copy
~a'=«'~-~ Appendix A: Environmental
Review Checklist for Local Projects
•• ~• ~
38. Will the project occur within, encroach upon, or occur five miles upstream of a ( )Yes ( ) No
listed impaired water of the TCEQ Section 303(d) list? If no, go to 39.
38A. Has the project been coordinated with TCEQ for maximum daily loads? ( )Yes ( ) No
386. Have BMPs been included in the construction plans? ( )Yes ( ) No
39. Does the implementing agency possess an MS4 permit? If no, go to 40. ( )Yes ( ) No
39A. Will the project impact the MS4 permit? If no, go to 40. ( )Yes ( ) No
39B. Explain how and what mitigation is proposed.
_®.-
-e:
40. Will the project require work in the Trinity River Regulatory Zone? If no, go to ( )Yes ( ) No
41.
40A. Has a CDC been completed and sent to the local CDC/floodplain ( )Yes ( ) No
administrator?
41. Could the project change the 100-year water surface elevation, induce erosive ( )Yes ( ) No
velocities, or result in conveyance changes? If no, go to 42.
41 A. Has the project been coordinated with the local floodplain administrator ( )Yes ( ) No
and USACE to address otential im acts. Attach a royal corres ondence.
~r,`, ~`.kP ~m~~° "+ ~~ e.~;rr ~w w»~x.~±~u~vxa ~, +,s~~'~ ~a"~~ , .. m ara#~ ~ . .~;x-~-m~n ~ a . ~o...,, .,Y'~.`..
42. Will the project disturb existing vegetation or remove trees? If no, go to 43. ( )Yes ( ) No
42A. Will mitigation be included in the construction plans. ( )Yes ( ) No
426. Check all statements that apply
• Natural vegetation will be preserved whenever practicable ( )Yes ( ) No
• Mitigation/vegetation will comply with local tree ordinances ( )Yes ( ) No
• Native plants will be used whenever practicable ( )Yes ( ) No
• Xeriscaped plants will be used to help with water conservation ( )Yes ( ) No
• Landscaping will be in accordance with any local aesthetic ( )Yes ( ) No
re uirements
43. Will the project improve air quality? ( )Yes ( ) No
44. Are there any air quality sensitive receivers immediately adjacent to the ( )Yes ( ) No
project?
45. Will the construction plans include specifications require making reasonable ( )Yes ( ) No
effort to comply with local, state, and federal regulations, pertaining to
construction equipment emissions and/or construction equipment work hour
restrictions?
46. Has aregulated/hazardous materials on-site visual inspection been ( )Yes ( ) No
conducted?
47. Will the project require additional right-of-way or be located near a known ( )Yes ( ) No
potential regulated materials site?
48. Does the implementing agency have a spill prevention/response plan in place ( )Yes ( ) No
for construction projects?
49. Will the construction plans include specifications require compliance with ( )Yes ( ) No
local, state, and federal regulations, pertaining to regulated materials on
construction sites?
3/5/2009 A-6 Working Copy
• • ~
I certify the information provided in this form accurately reflects the status of compliance with applicable laws
and regulations for the project.
Signature: Date:
Name: Title:
^ •
Location Map (Question 9)
^ Railroad Agreement (Question 158)
^ THC Antiquities Permit (Question 23, 24)
^ THC Coordination Letters (Question 25)
^ USFWS Coordination Letters (Question 286)
^ USACE IP Coordination Letters (Question 34B)
^ Floodplain Coordination Letters (Question 41 B)
^ Other
3/5/2009 A-7 Working Copy
~t ~ ~"~~--~ Appendix A: Environmental
7y~~ Review Checklist for Local Projects
~~ ~ Appendix A: Environmental
°~ Review Checklist for Local Projects
This Page Intentionally Left Blank.
3/5/2009 A-8 Working Copy
~i'i'~Y ~'« ;A~'-..~. Appendix B: Instructions for Environmental
~~f ~ Review Checklist for Local Projects
~11StYUCtIO11S -The following are more detailed guidance to help in the completion of the
Environmental Review Checklist for Local Projects.
PROJECT INFORMATION
Question 1
Project Description
State the project name and physical limits (to/from
or at).
Question 8
TIP Number
State the project number as listed in the
Transportation Improvement Program (TIP). The
TIP is available at http://www.nctcog.org/trans/tip/
Question 1A
Length
State the length of the project in feet or miles.
Question 1 B
Scope of Work
Briefly describe the work to be performed.
Question 2
Implementing Agency
State the name of the local agency purchasing the
right-of-way and/or constructing the project.
Question 3
Primary Contact for the Implementing Agency
Provide the name, title, and contact information
for the person from the implementing agency that
is knowledgeable of the project.
Question 4
Form Preparer
Provide the name, title, and contact information
for the person that prepared the form.
Question 5
Date Form was Prepared
State the date the form was completed.
Question 6
Project Costs
Under Total Amount, state the engineering, right-
of-way, utility relocation, construction, and total for
the project. Under Amount Requested, state the
amount of funds being requested from the
Regional Toll Revenue (RTR) for engineering,
right-of-way, utility relocation, construction, and
total.
Question 7
Date of Estimate
State the date of the estimate provided in
Question 6.
Question 9
Project Location Map
Provide a map of the location for the submitted
project with sufficient information for a person to
understand the precise location of the proposed
project. Suggested to include but not limited to:
aerials, site boundaries, road names,
streams/rivers and their labels, floodplains, parcel
boundaries, north arrow, legend, and a scale bar.
Question 10
Need and Purpose
Describe the specific problems and/or issues the
project is addressing (e.g., travel demand, safety,
system connectivity). Describe how the project
will help eliminate or solve them, or improve
existing conditions. Include any information
concerning other alternatives considered.
LOCAL SUPPORT & COORDINATION
Question 11
Local Planning Documents
List the local planning document(s) that include
this project (e.g., comprehensive plan,
thoroughfare plan, long-range plan, Capital
Improvement Plan (CIP)]. Include the plan name,
date, program year, project numbers, etc.
Question 12
Project Consistency
Confirm the project is consistent with other
existing or proposed transportation, infrastructure,
or community projects or plans. This includes
plans by other transportation providers, Municipal
Utility District (MUDs), and/or special districts. It
should also consider requirements near airports.
If it is consistent, list the plans and/or projects and
agency/authority. Relative to the existing and
proposed MUD facilities, is any further
coordination required? If no, list the plans and/or
projects and why this project is not consistent.
3/5/2009 B-1 Working Copy
"«~--r Appendix B: Instructions for Environmental
°~ Review Checklist for Local Projects
Question 13
Americans with Disability Act (ADA)
Compliance
Is the project compliant with applicable ADA
standards?
Question 14
Transit, Bicycle, Pedestrian, or Haul Routes
Is the project along any fixed bus route, rail line,
designated bicycle route, trail/pedestrian route, or
designated haul route?
Question 14A
Impact on Designated Routes
Will this project permanently interfere or impact
these routes? Will this project prevent use of a
designated haul route for overweight vehicles,
regulated materials, or any other restricted/
permitted routes?
Question 14B
Designated Route Coordination
If a designated route will be affected, has the
proper authority/agency been contacted?
Question 15
Railroad Crossings
State if the project does or does not intersect an
existing rail line (freight or transit).
Question 17
Community Meetings
List the dates of meetings (both previously held
and 'planned) and any other efforts to inform the
community about the project. This could include
council/board meetings, presentations, listings in
local newspapers or websites, or any other type of
communication with the public about this project.
Question 17A
Public Comments
Briefly describe the general sentiment (for and
against) from the public regarding this project.
Question 17B
Outreach Efforts
List the outreach efforts taken to include Title VI
populations including environmental justice and
the limited English proficient (LEP) populations
(See Box 1) that may be affected by the project.
This could include efforts listed in Question 17
that were focused on these communities. For a
non-English speaking community, was information
or communication provided in any other language
(e.g., advertising in anon-English newspaper)?
Was translation offered or requested at meetings?
Question 15A
Change in the Number of At-Grade
Roadway/Railroad Crossing
Will the project increase or decrease the number
of at-grade crossings? If the number of at-grade
crossings will be decrease, the agency may want
to participate in the North Central Texas Council
of Governments (NCTCOG) Railroad Crossing
Banking Program. See http://www.nctcog.org/
trans/goods/RRCBP.asp for more information.
Question 15B
Railroad Agreement
Has the railroad been contacted about the
intersection? If an agreement has been signed,
include it as an attachment to the form.
Question 16
Local Governmental Approvals
List any local governmental approvals (e.g.,
Board/Council/Commission) or permits that have
been obtained (with dates) or will be needed for
the project (with anticipated dates).
Community outreach for transportation projects should
incorporate Title VI populations including environmental
justice (Executive Order 12898) and LEP (Executive
order 13166). Title VI of the Civil Rights Act of 1964
states that no person is excluded from participation in,
denied the benefit of, or subjected to discrimination
under any program or activity on the basis of race, color,
national origin, age, sex, disability, or religion.
Minority: A minority population is defined as a group of
people and/or community experiencing common
conditions of exposure or impact that consists of persons
classified by the Census Bureau as Negro/Black/African-
American, Hispanic, Asian or Pacific Islander, American
Indian, Eskimo, or Aleut. Minority populations are
typically identified using census block level data from the
2000 Census (see Box 2).
Low-Income: Alow-income population is typically defined
as a group of people and/or community, which as a
whole, lives below the national poverty level as
established by the Health and Human Services
Department (see http://aspe.hhs.gov/ poverty/
09Poverty.shtml). Low-income populations are typically
identified using census block group level data from the
2000 Census (see Box 2).
LEP: An individual who do not speak English as their
primary language and who have a limited ability to read,
speak, write, or understand English. This includes
persons aged five years and older, persons who speak
English "not well" or "not at all." LEP populations are
typically identified using census block group level data
from the 2000 Census (see Box 2).
3/5/2009 B-2 Working Copy
---. Appendix B: Instructions for Environmental
Review Checklist for Local Projects
US Census data is available on-line at
http://www.census.g ov/main/www/cen2000. html .
However, there are various data sets that provide a wide
range of information. The following lists the data set that
should be used to determine ethnicity, LEP population,
and income level.
• For race, Summary File 1: P7.
• For Hispanic or Latino, Summary File 1: P11.
• For LEP information, Summary File 3, P19.
• For median household income, Summary File 3, P53.
Information in the Census is provided at three levels
Census tract: A geographic region defined for the
purpose of taking a census. Usually these coincide with
the limits of cities, towns, or other administrative areas
and several tracts commonly exist within a county.
Census block group: A geographical unit used by the
Census Bureau which is smaller than a census tract but
larger than a census block. It is the smallest
geographical unit for which the bureau publishes sample
data, i.e., data which is only collected from a fraction of
all households.
Census block: The smallest geographic unit used by the
Census Bureau for tabulation of 100-percent data (data
collected from all houses, rather than a sample of
houses). Blocks are typically bounded by streets, roads,
or creeks. In cities, a census block may correspond to a
city block, but in rural areas where roads are fewer,
blocks may be limited by other features. The population
of a census block varies greatly.
RIGHT-OF-WAY INFORMATION
Question 18
Additional Right-of-Way
State if project will require additional right-of-way
Question 18A
Amount of Additional Right-of-Way
State the total amount (in acres) of additional
right-of-way to be acquired.
Question 186
Number of Parcels
State the estimated number of affected parcels
from which additional right-of-way will be
acquired. Include the acquisition of both partial
and full parcels.
Question 18C
Existing Land Use
Briefly describe the existing land use (e.g.,
commercial, retail, industrial, residential, vacant,
agricultural, undeveloped, floodplain) of the
parcels to be acquired.
Question 18D
Right-of-Way Acquisition
State if the property will be acquired based on fair
market value.
Question 19
Displacements
State if any buildings and/or structures will be
displaced.
Question 19A
Number of Structures Displaced
State the total number of buildings and/or
structures that will be displaced. Structures could
include canopies or storage buildings.
Question 19B
Type and Number of Displacements
List the type and number by single-family, multi-
family buildings and units, commercial, industrial,
places of worship, public facilities, and other. For
multi-family or commercial properties, state the
number of buildings and the number of individual
units or spaces. Other could include quasi-public
facilities (e.g., electrical substation) and places of
worship.
Question 19C
Relocation Assistance
State if relocation assistance will be provided for
displacees. Typically, when a project requires
that a homeowner, leasee, or business be
displaced, the owner/occupier is notified and
assistance in the form of guidance/resources will
be made available to locate a comparable unit
and that funds are available to relocate. The intent
is to lessen the displacee's inconvenience.
Question 20
Utility Relocation
Construction projects may require above ground
(e.g., telephone poles, power lines) or below
ground (e.g., water lines, gas lines) to be
relocated. State if any utility will require
relocation.
Question 20A
Special Considerations
List the type of utilities to be relocated and any
special considerations that need to be known
such as limitations on the time of interruptions,
special agreements, etc.
3/5/2009 B-3 Working Copy
MME ....w Appendix B: Instructions for Environmental
Review Checklist for Local Projects
Question 20B
Utility Conflicts
Conflicts occur when either existing utility lines lie
within the construction limits of the project and
must be moved to accommodate construction, or
future utility line lie within the construction limits.
If the proposed plans have been reviewed and
comments received from appropriate utility
companies, check yes. If no, discuss how and
when any utility conflict will be resolved prior to
construction.
Chapter 26 of the Texas Parks and Wildlife Code was
established to protect any publicly owned land designated or
used as a park, recreation and scientific area, wildlife refuge,
and historic site from being used or taken by state or local
agencies for other public projects. Chapter 26 applies to all
local projects. Section 26.001 of Chapter 26 states that that an
agency cannot use or taking these properties unless it is
determined that: (1) there is no feasible and prudent alternative
to the use or taking of such land and (2) the project includes all
reasonable planning to minimize harm to the land, as a park,
recreation area, scientific area, wildlife refuge, or historic site,
resulting from the use or taking.
Question 20C
Utility Permits
Have the required utility permits been obtained? If
yes, list the types and dates. If no, list the types
and anticipate dates.
Question 21
Billboards
Are there any billboards that will be removed by
the project? Will the project affect the view to
existing billboards? If yes to either question,
describe the location of the billboard(s) and
effects. Does the implementing agency or local
jurisdiction have an ordinance restricting the
relocation of billboards?
ENVIRONMENTAL INFORMATION
Cultural Resources (See Box 3)
Question 22
Parks, Wildlife Refuges, or Recreation Areas
Based on ownership and zoning, will the project
affect publicly-owned dedicated parkland, wildlife
refuges, or recreation areas? If yes, describe the
property affected, type (e.g., use, overall acreage,
facilities), and impact. Do not include private
recreational areas such as privately-owned golf
courses.
Question 23
Archaeological Resources
Will the project disturb archaeological resources?
If yes, describe the resource and impact.
In the event that the project may affect a known
archeological and/or historic site, an Antiquities
Permits may be required. An archeological permit
may be issued only to a professional archeologist
who meets the definition of a principal investigator
as defined in Title 13, Part II, Chapter 26 of the
Chapter 26 also requires a public hearing on any taking of
public parkland. Section 26.001 states that
(b) A finding required by Subsection (a) of this section may be
made only after notice and a hearing as required by this
chapter.
(c) The governing body or officer shall consider clearly
enunciated local preferences, and the provisions of this
chapter do not constitute a mandatory prohibition against
the use of the area if the findings are made that justify the
approval of a program or project.
Chapter 26 excludes parks, recreation areas, or wildlife refuges
in certain cases. Section 26.004 provides that a department,
agency, board, or political subdivision having control of the
public land is not required to comply with this chapter if:
(1) The land is originally obtained and designated for another
public use and is temporarily used as a park, recreation
area, or wildlife refuge pending its use for the originally
designated purpose;
(2) The program or project that requires the use or taking of
the land being used temporarily as a park, recreation area,
or wildlife refuge is the same program or project for which
the land was originally obtained and designated; and
(3) The land has not been designated by the department,
agency, political subdivision, county, or municipality for
use as a park, recreation area, or wildlife refuge before
September 1, 1975.
The Antiquities Code of Texas (ACT) (Texas Natural
Resources Code of 1977, Title 9, Heritage, Chapter 191) must
be followed for local projects (http://www.thc.state.tx.us/
rulesregs/RulesRegsPDF/AntigCode.pdf). This code
established the Texas Historical Commission (THC) as the
legal custodian of cultural resources, historic and prehistoric,
within the public domain of the State of Texas (Section
191.051). The authority of the THC extends to designation and
protection of State Archeological Landmarks (SAL), which can
be historic buildings and structure, shipwrecks, or archeological
sites. Cultural resources located on land owned or controlled
by the State of Texas, or one of its cities or counties, or other
political subdivisions, are protected by the ACT.
ACT requires state agencies and political subdivisions of the
state, including cities, counties, river authorities, municipal
utility districts and school districts to notify the THC of any
action on public land involving five or more acres of ground
disturbance; 5,000 or more cubic yards of earth moving; or any
project that has the potential to disturb recorded historic or
~rrhonlnnin~l ci+nc
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7~ Review Checklist for Local Projects
historians and architects must meet the
qualifications listed in Chapter 26 to be eligible to
Texas Administrative Code (TAC). Similarly,
receive antiquities permits for work on designated
buildings. The text of both the Antiquities Code
and the rules are available at
http://www.thc.state.tx. us/rulesregs/rrstate.shtml.
For known archeological resources, background
research and a reconnaissance survey should be
conducted for the existing and areas of proposed
right-of-way. The background search could
include an examination of existing archeological
site files at the Texas Archeological Research
Laboratory (TARE) and the Texas Historical
Commission (THC) existing archeological records,
soils data, geologic data, topographic data, and
pertinent historical records to determine any
previously recorded archeological sites within the
project limits. For archeological procedures, call
Dan Potter (512.463.8884) at the THC.
Question 24
Historic Properties
Will the project impact or disturb of any property
listed as a State Archeological Landmarks (SAL),
Recorded Texas Historic Landmarks (RTHL),
and/or listed on the National Register of Historic
Places (NRHP)? If yes, describe the resource
(e.g., list address) and impact.
The locations of SALs, RTHL, and NRHP-listed
properties are available on-line at
http://atlas.thc.state.tx.us/. For projects that may
affect any of these properties, the implementing
agency is required by law to fill out Antiquities
Permit and submit form, description, photos, etc.
to THC. THC will review exterior and interior (of
public spaces).
Question 25
THC Coordination
Has this project been coordinated with the THC?
If yes, attach all relevant correspondence.
The THC should be contact as soon as the project
is defined (e.g., typical section, preliminary
plan/profile, scope of construction and right-of-
way impacts). Local governments should call
THC to verify RTHL and SAL locations [in Tarrant
County, the contact is Caroline Wright
(512.463.6214) and in the region north central
Texas counties, the contact is Adam Alsobrook
(512.463.6183)].
Question 26
Local Coordination
Historic preservation efforts should be coordinated
locally. As a minimum, each county has a
historical commission and most municipalities
have local historical commissions (see
http://www.thc.state.tx. us/ctycommissions/chcdefa
ult.shtml for a listing of contacts).
Question 27
Discovery during Construction
Research and field investigations may not reveal
all archeological sites. During the course of
construction, archeological objects or artifacts
may be discovered. The construction plans
should include a specification requiring the work in
that area of the project to stop. The implementing
agency should then contact the THC immediately.
Threatened and Endangered Species
(See Box 41
Question 28
Federal Threatened or Endangered Species
Identify any federal threatened or endangered
species listed by the US Fish and Wildlife Service
(USFWS) in the project area or the presences of
their habitat. The list of threatened and
endangered species and habitat can be found on
the USFWS website at: http://www.fws.gov/
southwest/es/EndangeredSpecies/lists/.
Question 28A
USFWS Coordination
Send a written coordination letter to USFWS to
verify presence of federal threatened or
endangered species if potential of certain species
may occur in the project area. Utilize personnel
certified to conduct presence/absence surveys for
the targeted species that has potential to occur in
the project area.
Question 286
USFWS Coordination
Explain the response the USFWS has given from
prior coordination and the results of the presence
absence survey. If neither has taken place, verify
when the coordination will occur.
3/5/2009 B-5 Working Copy
=':~'°~. Appendix B: Instructions for Environmental
a.~ Review Checklist for Local Projects
Question 28C
Threatened or Endangered Species During
Construction
Verify if statements in the engineering plans call
for specific actions if threatened or endangered
species are discovered during construction.
Question 29
State Threatened or Endangered Species
Identify any state threatened or endangered
species that may be located in the project area;
use the list by county provided through the Texas
Parks and Wildlife Service (TPWD) website at:
http://gis.tpwd.state.tx. us/TpwEndangeredSpecies
/DesktopDefault.aspx
Question 29A
TPWD Coordination
State if any written coordination has occurred with
TPWD for potential impacts to state threatened or
endangered species identified in the proposed
project area.
Question 29B
TPWD Coordination
Summarize TPWD's coordination response and
any additional coordination or surveys required by
TPWD. If no coordination has been initiated, state
when coordination would occur.
Migratory Bird Treaty Act (See Box 4)
Question 30
Presence of Migratory Birds
State if migratory birds [all birds with the exception
of the European starling and the rock dove
(pigeon)], were observed in the proposed project
area.
Question 31
Presence of Nesting Sites
State if migratory bird nest were located in the
proposed project area. Include the types of nest
(e.g., nest in trees, under bridge, on the ground)
and the abundance (e.g., a few nest, multiple
nesting area).
destroying nest during non-nesting seasons to
prevent reuse of nest, or netting around bridges
during nesting season to prevent migratory birds
from utilizing the area underneath the bridge for
nesting?
State Threatened and Endangered Species and
Miaratorv Birds
Endangered: Designation that denoted the entire species
appears to be in danger of extinction.
Threatened: A designation that indicates a species for
which protective measures appear to be required to prevent
it from becoming endangered.
The Endangered Species Act of 1973, as amended
prohibits the "taking" of listed species and the destruction of
habitats critical to the survival of federally-listed species.
The word "take," according to the 50 CFR 17.3, includes
"harass, harm, hunt, shoot, wound, kill, trap, capture, or
collect, or attempt to engage in any such conduct." In this
context, "harm" means an act that actually kills or injures
protected wildlife. This has been interpreted to include
substantial habitat modification or degradation that results in
actual injury or death to listed species (i.e., impairment of
essential behavior patterns).
The Bald and Golden Eagle Protection Act (16 USC. 668-
668d) of 1940, as amended. The Bald Eagle was removed
from the federal threatened and endangered list (effective
August 8, 2007). However, they are now afforded
protection under the Bald and Golden Eagle Protection Act
gives similar protection to the endangered species act. This
act prevents a person to "take, possess, sell, purchase,
barter, offer to sell, purchase or barter, transport, export or
import, at any time or any manner, any Bald Eagle...[or any
Golden Eagle], alive or dead, or any part, nest, or egg
thereof." The act defines "take' as "pursue, shoot, shoot at,
poison, wound, kill, capture, trap, collect, molest, or disturb."
The State of Texas has similar legislation regarding state -
listed species (Section 65.171-176 and 69.01-69.9 of the
TAC). The TPWD has the responsibility of listing species
within the state. In addition, the Parks and Wildlife Code,
Chapters 68 and 88 for the State of Texas contain the
regulations of endangered species and plants. Both the
state and federal laws afford protection to the organism from
direct taking. However, state laws do not include
prohibitions on impacts to habitat, only to activities that
would directly impact a listed species.
The Migratory Bird Treaty Act (MBTA) of 1918 was a treaty
that was signed by the US, Japan, Canada, Mexico, and
Russia. The law affords protection to virtually all migratory
birds, including their parts, nests, or eggs. The MBTA
affords protection to over 800 species of birds.
Question 32
MBTA Compliance during Construction
Do the construction plans provide any
specifications in the construction plans for
addressing migratory birds which could include
avoiding construction during nesting season,
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~-~. Appendix B: Instructions for Environmental
°~ Review Checklist for Local Projects
Farmland
Question 33
Impacts to Prime Farmlands
Identify if prime farmland soils are in the project
area. Prime farmland soils can be found through
the Natural Resource Conservation Service
(NRCS) at: http://soildatamart.nres.usda.gov/.
Question 34B
USACE Issuance of Individual Permit (IP)
List the date (or anticipated date) of permits.
Attach all relevant correspondence. Record the
status of the individual permit process with the
USACE.
Wetlands/V1/aters of the US (See Box 51
Question 34
Impacts to USACE Wetlands, Water Bodies, or
Streams
Will fill (dirt, columns, roadway, etc.) be placed in
any streams, ponds, lakes, or jurisdictional
wetlands? It is highly recommended that a person
trained in wetland delineation perform this task.
Definition of waters of the US can be found at:
http://www.epa.gov/wetlands/guidance/
CWAwaters.html. For wetlands, see:
http://www.wetlands.com/regs/tlpge02e. htm.
Question 34A
Authorization under Nationwide Permit (NWP)
Will the impacts of the proposed project fall under
the minimal impacts of a NWP? A listing of the
types of NWP and the allowable impacts can be
found at: http://www.swf.usace.army.mil/
pubdata/environ/regulatory/permitting/nwp/2007/
index.asp.
Question 34A.i
Preconstruction Notification
Some NWPs require coordination to occur
between the permitee (implementing agency) and
the US Army Corps of Engineers (USACE) from a
certain impact threshold amount. A listing of the
types of NWP and notification requirements can
be found at: http://www.swf.usace.army.mil/
pubdata/environ/regulatory/permitting/nwp/2007/
index.asp. State if a preconstruction notification
needs to occur.
Question 34A.ii
NWP Permit
State which NWP number will be used and
include the date of issuance from the USACE or
anticipated date of issuance for all preconstruction
notification (PCN) NWPs.
A wetland is those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. When making wetland
determinations, the USACE uses three characteristics of
wetlands (vegetation, soil, and hydrology) as defined by the
USACE 1987 Wetlands Delineation Manual.
Jurisdictional water, also known and waters of the US, include
water features such as intermittent streams, playa lakes, prairie
potholes, sloughs, and wetlands.
Section 404 of the Clean Water Act requires a permit for
activities that would result in fill of jurisdictional waters of the
US. These permits could be Individual Permits (IPs) or
General Permits. General Permits include both regional and
nationwide permits. There are almost 50 types of Section 404
NWPs. Typical permits used for transportation construction
activities include:
NWP 7 - Outfall Structures and Associated Intake
NWP 13 -Bank Stabilization
NWP 14 -Linear Transportation Projects
NWP 18 -Minor Discharges
NWP 25 -Structural Discharges
NWP 33 -Temporary Construction, Access, and Dewatering
In North Texas, all Section 404 permitting would be
coordinated with the Regulatory Branch, Fort Worth District of
the USACE. The USACE is responsible for confirming all
jurisdictional determinations as well as establishing the
appropriate permitting avenue.
Water Quality (See Box 6)
Question 35
USACE Permit
Will the proposed project require any type of
USACE permit (Question 34 would have received
a "yes" answer).
Question 35A
Amount of Impacts
Will the impacts to waters of the US identified in
Question 34 be greater than three acres of lakes,
ponds, or wetlands or 1,500 linear feet of
streams?
3/5/2009 B-7 Working Copy
--~ Appendix B: Instructions for Environmental
°~ Review Checklist for Local Projects
Question 35A.i
Tier II Section 401 Water Quality Certification
A Tier II Section 401 Water Quality Certification
will be required for impacts the have exceeded the
amounts in Question 35A. The Tier II 401
Certification Questionnaire and Alternatives
Analysis Checklist can be found at:
http://www.tceq.state.tx. us/permitting/
water_quality/wq_assessment/401 certification/401
certification_tier2.html. State the status of the Tier
II water quality permit with the Texas Commission
of Environmental Quality (TCEQ).
Question 35A.ii
BMPs during Construction
Have Best Management Practices (BMP) such as
silt fences, rock berms, etc. been included in the
construction plans as part of the Tier II process?
Tier I BMPs (see ftp://ftp.dot.state.tx.us/pub/txdot-
info/library/pubs/bus/tceq/tier1 _checklist. pdf)
can be used but must be approved by TCEQ.
Question 35B
Tier I Section 401 Water Quality Certification
Checklist
Was a Tier I water quality certification from TCEQ
obtained and included in any permit or
preconstruction coordination with the USACE?
The Tier I checklist can be found at:
ftp://ftp.dot.state.tx. us/pub/txdot-info/library/
pubs/bus/tceq/tier1_checklist.pdf.
Question 36
Amount of Impacts
State if the project will disturb non-paved areas
(i.e., "turn dirt") over more than one acre but less
than five, including any temporary work in
easements.
Question 36A
Texas Pollutant Discharge Elimination System
(TPDES) General Permit for Construction
Activity
All TPDES permits require a Storm Water
Pollution Prevention Plan (SW3P) be completed
which includes water quality items such as silt
fences, rock berms, etc. Information can be found
at: http://www.tceq.state.tx.us/permitting/
water_q uality/stormwater/TXR 15_1 _to_5. htm I.
BOX 6: Water Quality Legal and Regulatory Context
Section 401 of the Clean Water Act (CWA) requires states to
certify that a proposed CWA Section 404 permit would not
violate water quality standards. The TCEQ issues Section
401 water quality certifications for projects prior to approval of
the Section 404 permit from the USACE. Initiating the
Section 404 process with the USACE automatically initiates
the 401 certification process.
One aspect of a Section 404 IP is the requirement for Section
401 water quality certification. For Section 404 IPs with
impacts of less than three acres or 1,500 feet of linear
stream, a Tier I Water Quality Certification Checklist must be
submitted with the Section 404 IP package. For impacts of
greater than three acres or 1,500 feet of linear stream, a Tier
II individual review would be required, which includes an
alternative analysis. The design and construction would
include construction and post-construction Best Management
Practices (BMPs) to manage storm water runoff and control
sediments.
For projects disturbing over one acre, Texas Pollutant
Discharge Elimination System (TPDES) General Permit No.
TXR150000, under provisions of Section 402 of the CWA and
Chapter 26 of the Texas Water Code, require contractors to
comply with conditions in the General Permit for Construction
Activity. This requires preparation and implementation of a
SW3P in addition to adherence to rigorous BMPs designed to
reduce or eliminate impacts to water resources. This permit
would include BMPs to control total suspended solids that
could be introduced into surtace water.
The Texas Water Quality Inventory Report describes the
status of Texas waters based on historical data on surface-
waterand groundwater quality, and the Section 303(d) list
identifies water bodies that are not meeting standards set for
their use. The reports satisfy the requirements of the federal
CWA for both Section 305(b) water-quality reports and
Section 303(d) lists.
TPDES Municipal Separate Storm Sewer Systems (MS4s) -
The Phase II storm water rule requires operators of certain
small MS4s to develop and implement a storm water
program. In an effort to further improve water quality in
streams, lakes, bays and estuaries, the EPA developed the
storm water program to control polluted runoff from urban
areas.
Phase I of the program, issued in 1990, requires cities with a
population greater than 100,000 to develop storm water
management programs. Phase II is the second stage of the
EPA's storm water management program requirements. It
affects many small cities, some counties, and other entities
that operate municipal separate storm sewer systems in
urbanized and other densely populated areas. The TCEQ,
the Phase II regulatory authority in Texas, is responsible for
identifying the designated populated areas.
Each regulated small MS4 is required to submit a Notice of
Intent (NOI) to obtain storm water permit coverage, typically
by complying with the Phase II general permit requirements.
Six minimum control measures must be addressed to control
polluted storm water runoff. The initial submission for permit
coverage must detail the programs, activities and measurable
goals that will be implemented over the five-year permit term
to comply with the permit requirements. Reports detailing the
progress of the storm water management program (SWMP)
must be submitted to the TCEQ on an annual basis for the
first permit term.
3/5/2009 B-8 Working Copy
~.~':..-~ Appendix B: Instructions for Environmental
°'~ Review Checklist for Local Projects
Question 37
Amount of Impacts
Verify if the project will disturb more than five
acres of non-paved areas (i.e., "turn dirt").
Question 39A
Impact to MS4 Permit
Will there be discharges into the MS4? Verify if
runoff from the project will flow into a municipal
storm water system.
Question 37A
NOI with TCEQ
A notice of intent (NOI) must be sent to TCEQ
detailing your SW3P. The NOI can be found at
http://www.tceq.state.tx. us/assets/public/
permitting/waterquality/forms/10382. pdf.
Question 38
TCEQ Section 303(d)
Will discharge from the project flow into or five
miles upstream of impaired waters listed by
TCEQ. A listing of Section 303(d) impaired
waters can be found at:
http://www.tceq.state.tx. us/compliance/
monitoring/water/quality/data/08twgi/twgi08. html
Question 38A
TCEQ Maximum Daily Loads
Water discharge that could affect Section 303(d)
waters will require coordination with TCEQ for the
total maximum daily loads of potential pollution
into these impaired waters. The program and
coordination can be found at:
http://www.tceq.state.tx. us/implementation/
water/tmdl/.
Question 38B
BMPs during Construction
Potential discharge that could affect Section
303(d) waters need to follow the Tier I BMP
checklist (see ftp://ftp.dot.state.tx.us/pub/txdot-
info/library/pubs/bus/tceq/tier1 _checklist. pdf).
One BMP from each category: erosion control,
sedimentation control, and total suspended solids
should be included in the plans.
Question 39
Municipal Separate Storm Sewer System
(MS4) Permit
Is this implementing agency a public agency and
does it posses a storm water collection system
(ditches, curbs, gutters, etc.)? MS4 information
can be found at: http://www.tceq.state.tx.us/
permitting/water quality/stormwater/WQ_ms4_def
inition.html.
Question 39B
Mitigation for MS4
Explain any mitigation for discharging into an MS4
system. Impacts and mitigation examples can be
found at: http://www.tceq.state.tx.us/permitting/
water quality/stormwater/WQ_ms4 AIR.html
Floodplains
Question 40
Trinity River Regulatory Zone
Document if the project will require any work,
including pavement, structures, dirt disturbance,
or temporary structures in the Trinity River
Regulatory Zone (see Box 7). Contact the local
Corridor Development Certificate
(CDC)/Floodplain administrator to determine if the
area lies in the Trinity River regulatory zone.
Information on the CDC can be found at:
http://www. nctcog.dst.tx. us/
e n vi r/S E E safe/fpm/cd c/ i n d ex. as p.
Question 40A
CDC Coordination
Complete a CDC based on the recommendations
of the CDC/Floodplain administrator and send
back to the administrator.
The CDC process aims to stabilize flood risk along the Trinity
River. The CDC process does not prohibit floodplain
development, but ensures that any development that does
occur in the floodplain will not raise flood water levels or reduce
flood storage capacity. With the CDC process, local
governments retain ultimate control over floodplain permitting
decisions, but other communities along the Trinity River
Corridor are given the opportunity to review and comment on
projects in their neighbor's jurisdiction.
Under the CDC process, a CDC permit is required to develop
land within a specific area of the Trinity floodplain called the
Regulatory Zone, which is similar to the 100-year floodplain.
As of the adoption of the 3rd Edition of the Corridor
Development Certificate (CDC) in September 2002, no CDC
regulatory map was available for consideration by the Flood
Management Task Force or the Trinity Steering Committee.
Instead, the interpretation by the local CDC Administrator of the
FEMA 100 year floodplain was to be used as the "regulatory
zone." The Federal Emergency Management Agency (FEMA)
mapping information can be viewed at the FEMA Map Service
Center (www.msc.fema.gov). However, the floodplain
administrator will provide the final determination on projects
subject to the CDC Process.
3/5/2009 B-9 Working Copy
a ~ -.-. Appendix B: Instructions for Environmental
°~ Review Checklist for Local Projects
Question 41
Changes to 100-Year Water Surface Elevation
Will the project require work in the 100-year
floodplain and change the function and flow and
the existing floodplain? Information on the Federal
Emergency Management Agency (FEMA) 100-
yearfloodplain can be found at:
http://msc. fema. gov/webapp/wcs/stores/servlet/Fe
maWelcomeView?storeld=10001 &catalogld=1000
1 &langld=-1 &userType=G.
improve air quality include improvements to help
reduce congestion and improve traffic flow,
improve transit service, or encourage ridesharing
or promotes other travel modes.
Question 44
Air Quality Sensitive Receivers
Are there any air quality sensitive receivers
immediately adjacent to the project? Sensitive
receivers are defined as public and private
schools, licensed day care facilities, hospitals, and
elderly care facilities.
Question 41A
Coordinated with the Local Floodplain
Administrator and USACE
Coordinate with the local floodplain administrator
(or USACE on their regulated lakes) for potential
impacts and changes to the 100-year floodplain.
Question 45
Air Quality during Construction
Will the construction plans include specifications
require making reasonable effort to comply with
local, state, and federal regulations, pertaining to
construction equipment emissions and/or
construction equipment work hour restrictions?
Vegetation
Question 42
Impacts to Existing Vegetation or Trees
Will the project remove or impact ground
vegetation (such as grading) or completely
remove any trees?
Question 42A
Mitigation
Removal of vegetation and trees should be
mitigated per local municipal laws (i.e., tree
ordinances, open space ordinances, and
landscaping requirements) and should be include
in the construction plans.
Question 42B
Types of Mitigation
Check if any of these statements will be included
as part of the project: avoidance of vegetation
disturbance, mitigation for vegetation and trees,
native plants used to for revegetation, xeriscape
(drought-tolerant plants) used in landscaping, and
following local landscaping aesthetic
requirements.
Regulated Materials
Question 46
Visual Inspection
Has a visual inspect of the proposed project area
been conducted to search for hazardous materials
(i.e., leaking drums, stressed or dead vegetation
from some unknown contamination).
Question 47
Right-of-Way Acquisition from Regulated
Material Sites
State if the proposed project will require additional
property from a site handling regulated materials
(e.g., gas station, dry cleaner, auto repair) or is
located near a known site of hazardous materials.
Question 48
Construction Spill Prevention/Response Plan
State if the implementing agency has a
contingency plan for preventing construction spills
and a response plans for accidental discovery of
hazardous and/or contaminated materials.
Air Quality
Question 43
Air Quality Improvement
Air quality improvements, derived from
transportation projects, are generally relate to
improvements in the movement of traffic.
Typically, transportation improvements that would
Question 49
Regulated Materials during Construction
State if the current construction plans follow all
applicable laws and regulations for hazardous
materials on the construction site.
3/5/2009 B-10 Working Copy
:~. ~--.-,. Appendix B: Instructions for Environmental
°~- Review Checklist for Local Projects
CONSTRUCTION IMPACTS
Question 50
Construction Time
What is the estimated time of construction?
Question 51
Access and Detours during Construction
Will the construction of the project limit access
and/or require detours? If yes, describe the
impacts and how they will be minimized or
mitigated during construction. Include the
locations, duration, types of businesses or
properties affected, and proposed mitigation (e.g.,
additional signage, temporary driveways) to
lessen impacts.
ATTACHMENTS
As appropriate include the requested attachments
to the form. These could include: Location Map,
Railroad Agreement (Question 156), THC
Antiquities Permit (Question 23, 24), THC
Coordination Letters (Question 25), USFWS
Coordination Letters (Question 28B), USACE IP
Coordination Letters (Question 346), and/or
Floodplain Coordination Letters (Question 41 B).
Question 51
Notification of Access Changes and Detours
during Construction
List the types of facilities or services that could be
impacted during construction. List how property
owners, renters, motorists, transit riders, cyclists,
pedestrians, emergency service providers, and/or
community services (e.g., garbage collection) will
be notified of the construction project, changes in
access during construction, or detours.
Question 53
Noise Impacts during Construction
Are there any noise sensitive receivers near
construction area or along the detour routes?
Noise sensitive receivers are defined as those
lands which require serenity and quiet, and where
the preservation of those qualities is essential if
the area is to continue to serve its intended
purpose. An example of a sensitive receiver is an
outdoor theater.
Question 54
Mitigation of Noise Impacts during
Construction
Will the construction plans include specification
requiring the contractor to make reasonable effort
to minimize construction noise through abatement
measures, such as work-hour controls and proper
maintenance of muffler systems?
CERTIFICATION
Have the completed form signed by an authorized
person. Include the date, printed/typed name,
and title.
3/5/2009 B-11 Working Copy