ENVIRONMENTALENVIRONMENTAL

COMMITMENT COMMITMENT

COMPLIANCECOMPLIANCE

Mark SchraderMark Schrader – FHWA – FHWA– Law and Process Review FindingsLaw and Process Review Findings

Bill BicknellBill Bicknell – USFWS – USFWS– Field Review ExamplesField Review Examples

Sheri LaresSheri Lares - NDDOT - NDDOT– New Process to Improve Environmental New Process to Improve Environmental

Commitment ComplianceCommitment Compliance

Greg WermersGreg Wermers – NDDOT – NDDOT– Material Source Approval ProcessMaterial Source Approval Process

Critter Crossings in Other Parts Critter Crossings in Other Parts of the Worldof the World

Mark SchraderMark Schrader

Environment and Right-of-Way EngineerEnvironment and Right-of-Way EngineerFHWA – North Dakota DivisionFHWA – North Dakota Division(701) 250-4343 ext 111(701) 250-4343 ext 111Mark.Schrader@fhwa.dot.govMark.Schrader@fhwa.dot.gov

Why Implement Why Implement Environmental Commitments?Environmental Commitments?

It’s the lawIt’s the law

23 CFR Sec. 771.109 Applicability and 23 CFR Sec. 771.109 Applicability and responsibilities.responsibilities. – (b) It shall be the responsibility of the applicant, in (b) It shall be the responsibility of the applicant, in

cooperation with the Administration, to implement cooperation with the Administration, to implement those mitigation measures stated as those mitigation measures stated as commitments in the environmental documents commitments in the environmental documents prepared pursuant to this regulation. The FHWA prepared pursuant to this regulation. The FHWA will assure that this is accomplished as a part of will assure that this is accomplished as a part of its program management responsibilities that its program management responsibilities that include reviews of designs, plans, specifications, include reviews of designs, plans, specifications, and estimates (PS&E), and construction and estimates (PS&E), and construction inspections. inspections.

Environmental Commitment Environmental Commitment Implementation ProcessImplementation Process ReviewReview

May 2006May 2006

Interagency TeamInteragency Team– USFWS, NRCS, NDG&F, NDDOT, and USFWS, NRCS, NDG&F, NDDOT, and

FHWAFHWA

The following findings resulted from the The following findings resulted from the reviewreview

Communication of Environmental Communication of Environmental CommitmentsCommitments

Knowledge and Experience within Knowledge and Experience within Design, Construction, and Design, Construction, and EnvironmentalEnvironmental

Process to Track/Monitor Process to Track/Monitor Environmental CommitmentsEnvironmental Commitments

Bill Bicknell, Fish & Wildlife Bill Bicknell, Fish & Wildlife BiologistBiologist

U.S. Fish and Wildlife ServiceU.S. Fish and Wildlife ServiceBismarck, North DakotaBismarck, North Dakota

(701) 355-8512(701) 355-8512William_Bicknell@fws.govWilliam_Bicknell@fws.gov

October 2005 October 2005 Memorandum of AgreementMemorandum of Agreement

betweenbetweenNorth Dakota Department of TransportationNorth Dakota Department of Transportation

andandU.S. Fish and Wildlife ServiceU.S. Fish and Wildlife Service

Role of the Fish & Wildlife ServiceRole of the Fish & Wildlife Service

1.1. Review and comment on city, county, state, Review and comment on city, county, state, and federal highway construction projects.and federal highway construction projects.

2.2. Develop practical recommendations to Develop practical recommendations to minimize impacts to the environment.minimize impacts to the environment.

3.3. Work as part of an interagency team.Work as part of an interagency team.

Interagency Team ApproachInteragency Team Approach

1.1. Includes Engineers, Contractors, Includes Engineers, Contractors, Consultants, and Biologist.Consultants, and Biologist.

2.2. Focus on developing the best possible Focus on developing the best possible projects for North Dakota.projects for North Dakota.

3.3. Jointly develop recommendations that can Jointly develop recommendations that can be implemented.be implemented.

Environmental CoordinationEnvironmental Coordination

Engineers, Consultants, Contractors Engineers, Consultants, Contractors and Biologistsand Biologists

Floating Floating Turbidity Turbidity

BarrierBarrier

Highway 200 Bridge ReplacementHighway 200 Bridge Replacement- Goose River- Goose River

Floating Turbidity Barrier –Floating Turbidity Barrier –Goose RiverGoose River

Floating Turbidity BarrierFloating Turbidity Barrier

Box Box Culvert Culvert

PlacementPlacement

Turtle Creek 2 miles SE of WashburnTurtle Creek 2 miles SE of Washburn

Turtle Creek U.S. 83 Turtle Creek U.S. 83 Double Box CulvertDouble Box Culvert

U.S. 83 Double Box Culvert –U.S. 83 Double Box Culvert –Raised LipRaised Lip

U.S. 83U.S. 83Low Flow CulvertLow Flow Culvert

U.S. 83U.S. 83Low Flow Culvert For PassageLow Flow Culvert For Passage

Stream Stream ChannelizationChannelization

Silt Silt FencesFences

MaterialMaterialSourceSource Sites Sites

ConclusionConclusion

Our job is to develop needed Our job is to develop needed transportation projects that benefit transportation projects that benefit North Dakota. North Dakota.

This can best be accomplished This can best be accomplished through a collaborative process through a collaborative process aimed at finding practical solutions.aimed at finding practical solutions.

Sheri G. Lares Sheri G. Lares Environmental Section Leader Environmental Section Leader

NDDOTNDDOT Engineering & Environmental SectionEngineering & Environmental Section 701.328.2188701.328.2188 slares@nd.govslares@nd.gov

Communicating Environmental Communicating Environmental CommitmentsCommitments

PlanningPlanningDesignDesignConstructionConstruction

Environmental Commitments Environmental Commitments During the Planning ProcessDuring the Planning Process

SOV ProcessSOV ProcessAgency CoordinationAgency CoordinationPublic InvolvementPublic InvolvementWetland TableWetland TableSummary of CommitmentsSummary of Commitments

Location Wetland Number

Wetland Type (Cowardin

Classification including

water regime)

Wetlands Protected under E.O.

11990

Assumed USACE

Jurisdictional Wetlands*

Sec. 9, T144N, R87W

7774+80.00 LT N 11B PFO1A X

Sec. 9, T144N, R87W

7776+20.00 LT N 11A PFO1A X

Sec. 9, T144N, R87W

7777+00.00 RT S 18 PSS1A X

Sec. 10, T144N, R87W

7787+00.00 RT S 21 PEM1C X X

Sec. 10, T144N, R87W

7787+50.00 LT N 9A PEM1B X

Approximate Stationing

Incorporating Environmental Incorporating Environmental Commitments During the Commitments During the

Design PhaseDesign Phase

Environmental Commitment Plan SheetEnvironmental Commitment Plan SheetWetland LimitsWetland LimitsWetland Impact TableWetland Impact TablePermit Conditions Permit Conditions PS&E ChecklistPS&E Checklist

Compliance with Environmental Compliance with Environmental Commitments During Commitments During

ConstructionConstruction

Environmental Commitment Tracking Environmental Commitment Tracking SystemSystemProject CertificationProject Certification

Process ImprovementsProcess Improvements

Design ManualDesign ManualStandard SpecificationsStandard SpecificationsScope of ServicesScope of Services

Greg L. Wermers Greg L. Wermers ArchaeologistArchaeologist

NDDOTNDDOT Cultural Resource SectionCultural Resource Section 701.328.2137701.328.2137 gwermers@nd.govgwermers@nd.gov