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US Army Corps of Engineers New England District. The Corps Highway Methodology South Coast Commuter Rail Kickoff Meeting MA Executive Office of Transportation September 25, 2007. Alan R. Anacheka-Nasemann, PWS Sr. Project Manager/Ecologist, Regulatory Division
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US Army Corps of Engineers New England District The Corps Highway MethodologySouth Coast Commuter Rail Kickoff MeetingMA Executive Office of TransportationSeptember 25, 2007 Alan R. Anacheka-Nasemann, PWS Sr. Project Manager/Ecologist, Regulatory Division U.S. Army Corps of Engineers, New England District alan.r.anacheka-nasemann@usace.army.mil
US Army Corps of Engineers New England District CWA Section 404(b)(1) Guidelines: • Corps can issue a permit only if project is Least Environmentally Damaging Practicable Alternative (LEDPA). • Sequence: • Avoid impacts to aquatic resources • Minimize impacts • Mitigate unavoidable impacts • How determined for complex, linear project?
US Army Corps of Engineers New England District Overview of Highway Methodology • New England District, 1987 • A way to integrate highway (or rail) planning and design with Corps permit regulations, NEPA and Other Federal and State review processes (MEPA) • Builds on the work of Ian McHarg1 • Overlay techniques to identify environmental constraints. • Avoid impacts where possible 1 McHarg, Ian, Design with Nature, Natural History Press, 1969
US Army Corps of Engineers New England District A Stepwise Approach • Pre-Application • Application • Public Notice • Evaluation • Monitoring
US Army Corps of Engineers New England District Pre-Application • Review Applicant’s scope of work • Determine Basic Project Purpose • ID Study Area • Corps Concurrence w/above • Project Schedule
US Army Corps of Engineers New England District
Integration of the MA Environmental Policy Act review with the Corps of Engineers review (Section 10/404 permit including NEPA requirements)
US Army Corps of Engineers New England District Pre-Application (Cont.) • Avoidance-Phase I • = First iteration of viewing potential alignments • ALL reasonable major alternatives are drawn • VIP to Clean Water Act Mandates that wetlands & waters be included as a critical constraint map overlay
US Army Corps of Engineers New England District Application/Public Notice • Reviewed for Completeness • Sufficient info to issue a Public Notice • Clear concise plans on 8½ X 11 Paper! • Public Notice & Hearing • Issued 30 days in advance of hearing • Expires 10 days after hearing
US Army Corps of Engineers New England District Evaluation • Alternatives Analysis • Wetland Impacts of each alternative disclosed • Impacts = Acreage PLUS… • Functions and Values • See Highway Methodology Workbook Supplement • Can be illustrated graphically
US Army Corps of Engineers New England District LEDPA • No discharge shall be permitted: • If there is a practicable alternative…which would have less adverse impact on the aquatic ecosystem • Provided alternative does not have OTHER severe environmental consequences • Determined by Corps, with input from Federal/ State Agency Partners, Public Comments • Critical Steps: • (1) Is Alternative Practicable?? • (2) Is it Least Environmentally Damaging??
US Army Corps of Engineers New England District Other Constraints • Aquifers • Wildlife habitat blocks (Endangered species?) • Socio-economic factors • Historic Districts
US Army Corps of Engineers New England District Practicable: • Available and capable of being done, Considering: • Costs • Existing Technology • Logistics • In light of Overall Project Purposes
US Army Corps of Engineers New England District LEDPA Selected • Thorough Delineation/Jurisdictional Determination • Minimization • On-site steps to further reduce resource impacts • i.e., minor shift in alignment • Skirt edge of wetland rather than through center • Increase side slopes to reduce footprint of fill • Mitigation • Late in process, but plan EARLY
US Army Corps of Engineers New England District Mitigation • Conceptual/Adjustable at time of Public Notice • Final Design upon selection of LEDPA • New Guidelines/Mitigation Ratios: • http://www.nae.usace.army.mil/reg/1073_001.pdf • Should target functions/values of impacted resources (i.e., in-kind mitigation) • Caveat: Don’t replicate “lousy” wetlands
US Army Corps of Engineers New England District Summary/Take Home Message: • Corps encourages joint review at all levels: Federal, State, Local • Concurrent NEPA/MEPA processes • Timetables, schedules, regular meetings • Highway Methodology provides means for (relatively) quickly narrowing/refining range of alternatives toward selection of LEDPA