Local Public Agency guide to getting through NEPA
Nick Hines, CEP
Natural Resource Supervisor WYDOT
Nick.Hines@wyo.gov
 Not a NEPA Class
 Overview of the Categorical Exclusion Template
 Common Questions and Mistakes
 Contacts for questions and help
 Websites for technical information
 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
 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
 Environmental Services Local Public Agency Website
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
 A Citizen’s Guide to the NEPA
https://ceq.doe.gov/nepa/Citizens_Guide_Dec07.pdf
 23CFR 771
http://www.ecfr.gov/
 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.
 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.
WYDOT Local
Agency Website
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.
 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
 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
 Purpose and Need
 The most critical part of the NEPA process
 Establishes the projects needed, determine alternatives
and helps guide the alternatives.
 Summary of all environmental impacts and project
related concerns.
 Broken into four major areas
1.
2.
3.
4.
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Social/Socioeconomic
Cultural
Natural Environment
Physical
NOTE: All material, borrow, plant sites, waste sites
must be included in the NEPA clearance for the
Project
 Land Use Changes – What are the current and future land uses
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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?
 Environmental Justice – Low-income or minority
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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?
 Archaeological and Historic Impacts –
 Must include the stipulation below
 Must match SHPO’s determination
 Tribal Consultation will be completed by WYDOT
Local Agency Scopes SHPO
No Effect
Need Cultural Survey
Include scoping letter and
response from SHPO in CE
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
 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
 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.
 Waters of the U.S. and Wetlands -
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http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPerm
its/reg_supp.aspx
http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Wyoming/Nati
onwidePermits.aspx
Water Quality –http://deq.wyoming.gov/wqd/
Wild and Scenic Rivers – http://www.rivers.gov/
Floodplains – http://www.fema.gov/information-state-local-officials or
http://www.nwo.usace.army.mil/
Farmlands –
http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/
Wildlife and Habitat - http://wisdom.wygisc.org/ or http://nrex.wygisc.org/
Threatened and Endangered Species - https://ecos.fws.gov/ipac/
Vegetation – NRCS, Wisdom, NREX
Ecosystem –
http://enviroatlas.epa.gov/enviroatlas/InteractiveMapEntrance/InteractiveMa
p/index.html
 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.
 Hazardous Waste sites can be checked by calling the Wyoming
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Department of Environmental Quality http://deq.wyoming.gov/shwd/
or 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
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.”
 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
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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.
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
 Consider hiring a consultant if you can not confidently answer
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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.
 Do not issue final plans before you have an approved CE
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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 rightof-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.
The LGC Office has
copies of other
letters as well as the
letters attached in
the good CE example
on the
Environmental
Services website.
 Please submit your completed CE’s to the Local Government
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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.
General Questions, Recreational 4(f ) and for CE review
Nick Hines nick.hines@wyo.gov 777-4156 – Please contact me first
Archeological and Cultural 4(f )
Dr. Julie Francis Julie.Francis@wyo.gov 777-4740
Historical
Jason Bogstie Jason.Bogstie@wyo.gov 777-4220
Wetlands
Deb Ferguson Deb.Ferguson@wyo.gov 777-4702
Erosion Control
John Samson John.Samson@wyo.gov 777-4702
Wildlife and Fisheries
Tom Hart Thomas.Hart@wyo.gov 777-4495
FHWA Environmental Contact
Randy Strang - 307-771-2949 - Randy.Strang@dot.gov
FHWA Planning and Right-of-Way Contact
Jeff Purdy – 307-771-2942 - Jeffery.Purdy@dot.gov
US Army Corps of Engineers
Mike Happhold - 307-772-2300 Mike.T.Happold@usace.army.mil
Wyoming DEQ-Water Quality WYPDES
Barb Sahl - 307-777-7570 - Barb.Sahl@wyo.gov
State Historical Preservation Office
Mary Hopkins - 307-766-5324 - Mary.Hopkins@wyo.gov
Wyoming Game & Fish Dept.
Mary Flanderka - 307-777-4677 - Mary.Flanderka@wyo.gov
US Fish & Wildlife Service
Mark Sattelberg - 307-772-2374 - Mark_Sattelberg@fws.gov
 FHWA Wyoming Division Office Directory
 http://www.fhwa.dot.gov/wydiv/directory.cfm
 FHWA videos: 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.pdf