ENVE 644 Permits and
Environmental Management
Dr. Robert A Perkins, PE Spring 2020
© 2020
Contains copyrighted material for your academic work
Permits and Project Management [1]
Class 1 Slides 15 – 89
Law, legal procedues, basic permitting
Class 1 Slides 1-15
Basic project management
Prequel with links to videos about history of environmental laws and
policy – PowerPoint with audio.
Synopsis with outline, learning goals and vocabulary
Legal Basis of Permits
Statute Law specifies
Authority of executive agency
Command and Control
Allows/requires Executive Agency to issue permits before work starts
Regulations
Agency promulgates rules about permits
Guidance
Agency delegates permits to regional/local office
Web sites, office hours, personnel responsible , procedures
Project Cycle
Need
Government via political process
Private via economic/market process
“Owner”
Concept
How to meet that need
Planning
Resources required
Money, project time, owner personnel and resources
About 10% design
Early Design
• 10% to 35%
Schematic design
Full Design
• 35% to 100%
Plans, specification and estimates
Bid documents
Construction
Bid
Mobilize
Construct
Demobilize
Warrantee
Operations and Maintenance
Repairs
Changes
RIP
Demolition
Restoration
Start with consultation with environmental permitting expert
Outline of major permits and issues
Lists of major laws and permits
Do we need an Environmental Impact Statement?
Relate to Project, see next
List of likely permits and issues by environmental expert
Need
Government via political process
Private via economic/market process
“Owner”
Concept
How to meet that need
Planning
Resources required
Money, project time, owner personnel and resources
About 10% design
Significant Federal Action? Mega Project?
EIS for sure, must allow time and budget – one to two years
List of likely permits and issues by environmental expert
Need
Government via political process
Private via economic/market process
“Owner”
Concept
How to meet that need
Planning
Resources required
Money, project time, owner personnel and resources
About 10% design
Major federal action, e.g. ROW, Mineral Leasing, or PERMITS
EA NWP
Cat Ex?
EA
EIS FONSI
NWP – Within scope
Cat Ex?- Within scope
NEPA and Planning [2]
National Environmental Policy Act
Planning and Zoning,
Floodplain
Off-Road Permits, Tundra Permits
CatEx, Categorical Exclusion, an agency, like the FHWA (DOT, highways) has promulgated a regulation that says certain projects, by their nature, do not require an EIS – there effect on the environment is likely to be small. But
Regulation always list things, exceptions, that would require an EA, so project must always be reviewed for those exceptions. See DOT checklist in CatEx.
And CatEx does not obviate any permits – they may be needed.
See CatEx
A NWP, Nationwide Permit, is similar to a CatEx - an EIS is not needed for a project. An EIS was already done for the NWP. But similar to the CatEx, the NWP has a list of exceptions, that must be checked.
A project covered by an NWP does not need a “permit,” but most require an NOI,
“notice of intent” before work can proceed.
Often the agency has regional and local guidance on the NWP, that essentially modify it.
Lead Agency
EIS
Usually one who issues more “important” permit or action
Always a major, expensive and time-consuming effort.
Example, Beaufort EIS(full Vol I, 32 megs) [don’t need to download, take my word –
these are massive documents.]
Example, Pogo Mine EIS(full Vol I, 42 megs)
Consultations required
Other agencies who will issue permits
Federally Recognized Tribes
Other Agencies, not lead or permit (see later)
FWS
ADF&G
ADEC
Public hearings and input required
EIS: Consultations and Permits
EIS is not a permit
EIS will list permits that are required for the project
Later, project proponent or owner will need to apply for other
permits
This EIS should take care of EIS for most related permits, BUT
Need an EA evaluation that says that, and
Other circumstances could change and, in theory, a new EIS could be required
for each permit
That is unlikely, since changes could be accounted for in EA
Likewise consultations, but again,
It may be years between the initial consultation and the permit or activity
A careful project manager will plan for consultations as the planning
and design progresses, even if some consultations took place in EIS.
(More on consultations later)
List of permits:
Beaufort EIS for MMS (only the pages about permits)
Pogo Mine EIS for EPA (only the pages about permits)
Budget, schedule, and details
Schedule regarding need for permit – work events
Schedule regarding time to get permit
Access permits
Personnel and resources available
Consulting contracts
Two Overview and Reviews
Quick Review of Planning Laws
Overview, NEPA versus Permits, CatEx and NWP
HSE, Health, Safety and Environmental
Francis Isgrigg, UAF retired, talks about her career in HSE
Before you get too far along in your consultations:
Public meetings and Risk Communications
Ethics, do not go anywhere without it
Cross culture issues and training
Federally recognized Tribes and other entities
Early Design: Organize for permits
Who will get permits?:
Owner
Consultant
Designer
Subconsultant
Contractor
Subcontractor
Review EA
Conditions?
Permitting
After preliminary design, owner/designer should know all the permits
needed
Unless there are changes or surprises
Some you would have started well before now
Others you can/must put off
Sometimes design details are needed that are not available until more detailed design but, but, BUT
Corps of Engineering
EPA/ADEC
USFWS, ESA (should be in planning)
ADFG, Habitat
Permits and Approvals oft encountered
Non-attainment
Work over, under, in navigable water
Full Design
• 35% to 100%
Plans, specification and estimates
Bid documents
Local Permits
SPCC
Lusts and USTS
Many permits have stipulations that apply during construction phase
OPA
CERCLA, reporting
ADEC, reporting
CERCLA
RCRA
Asbestos, Lead Paint, PCB, many others
Archeological and graves
Are we there yet?
Operations and Maintenance
Ongoing – project is turned over to operations
SWPPP – requires follow up on revegetation
Note stipulations
Fuel storage tanks
RIP
Demolition will require permits
Restoration often a stipulation in the original permits or leases.
Lists of Laws, Permits, Consultations
Beaufort EIS for MMS (only the pages about permits)
PDF of 2000 EIS for major federal action in Beaufort Sea
Vol I, 1526 pages, is EIS main
Vol II is all comments received, and Vol III is about lease economics and details
Lists 21 Laws,
Eight Executive Orders (there would be more today)
With several paragraph description of each.
Pogo Mine EIS for EPA (only the pages about permits)
PDF of 2003 EIS for mine
Vol I, 643 pages, there is Vol II as well, with 451 pages
List tribal consultations
List of all “Permits and Approvals”
19 pages
19 federal permits
State DNR 17 permits, DEC 12 permits, others 6 permits
Public Meetings
Ethics
Codes with highlight for assignment
Bob Tsigonis, Lifewater Engineering
Overview of ADOT and FHWA Planning and Permitting, mostly via Categorical Exclusions
CatEx
Grant Wright
[Video missing]
FHWA 4f and 6f
State Historic Preservation Office
Class 4 Prequel, with YouTube links
SHPO slides (unknown author)
SHPO, Sophie Tidler
Archeological BACK
Planning and Zoning
Right of Way
Building
Floodplain
Clean Water Act, overview, legal
Cam Leonard, Perkins Coie
Corps of Engineering
SWPPP, Stormwater Pollution Prevention Plan
[We were not able to get Stacy or Mellisa for this year’s ENVE 644,
but they made great presentations in 2016, which are recycled here.
BLM, Stacy McIntosh
DNR, Mellisa Head
ADEC
DW and WW Permitting
Endangered Species Act
USFWS, US Fish and Wildlife Servicer
ESA USFWS and NMFS
Catlin Smoot, Spring 2020
ADFG, Habitat
Alaska Department of Fish and Game
CAA Clean Air Act
Air Quality and Air Permits
Dr. Perkins
Nilima Hullavarad, ADEC
Kiefer Kanayurak, Air Permits
Jordan Couture, Fugitive Dust
Section 9, Bridges over rivers
Marc Frutiger
Aids to Navigation
Malinda Malenfant
Section 10, works in rivers
Sophie Tidler
Tidal lands, Alaska DNR, Department of Natural Resources
Croix Fylpaa, Spring 2020
Marine Mammal Protection Act
Harrison Hee, Spring 2020
National Marine Fisheries Service
Essential Fish Habitat
The Marine Protection, Resources, and Protection Act
Catlin Smoot
Marc Frutiger
Solid Waste
Temporary Water Use
Federal Aviation Administration
Steve Becker, Brice Environmental
Spill Prevention, Control, and Countermeasures
Harrison Hee, Spring 2020
Underground Storage Tanks
Mel Durrett
Notes BACK