State Funded Project Requirements:

I.  Preliminary Engineering Performed by Local Government (state funded project)

A.      Locality Will:

1. Prepare and submit an electronic copy of the completed Early Notification form   (EQ-429; see Appendix E) to begin the State Environmental Review Process (SERP) and any other necessary information to the VDOT Project Coordinator regarding the scope of the proposed project.
    

2. Implement the environmental commitments identified in the SERP Preliminary Environmental Inventory form (PEI) pertaining to the development of the project.

   1. Provide VDOT Project Coordinator with a copy of all technical reports prepared to address environmental commitments.  Also provide copies of all project-related correspondence.  This will allow VDOT to certify that all environmental requirements have been met prior to advertisement and construction.
       

3. If municipality will be conducting archaeological investigations on State controlled R/W, a Virginia Antiquities Act permit is required from the Virginia Department of Historic Resources prior to the investigations.
    

4. Provide VDOT an opportunity to participate as a consulting party in any Memorandum of Agreement developed and executed in compliance with the National Historic Preservation Act.
    

5. Design project in accordance with Virginia Erosion and Sediment Control law and regulations, Virginia stormwater management law and regulations, Virginia Pollutant Discharge Elimination System permits and Chesapeake Bay Preservation Act.
    

6. Secure all necessary water quality permits in the municipality’s name and implement permit conditions, including but not limited to compensatory mitigation, project water quality monitoring, time of year restrictions, wildlife crossings, etc.
    
7. Complete Water Quality Permits and Natural Resource Due Diligence Certification form (EQ-555) and submit to VDOT Project Coordinator.
    
8. Perform Due Diligence assessment to determine the actual/potential presence of hazardous materials/wastes/substances for all properties to be acquired and/or used as R/W prior to the initiation of property acquisition.
    
9. Perform Due Diligence and Due Care activities identified in Due Diligence Certification form (EQ-121) and submit to VDOT Project Coordinator.  Failure to perform Due Diligence and exert Due Care will result in the municipality assuming financial responsibility for any and all claims, demands, damages, losses, judgments, penalties, obligations, and liabilities (including without limitation, related reasonable legal and consulting fees and expenses) arising out of, or relating to, any pre-existing contamination to properties that constitute R/W for the project; and release the Commonwealth from and against any and all claims for contribution under CERCLA, and/or any other environmental law or regulation.

B.      VDOT will:

1. VDOT District Environmental Manager will perform the administrative portion of the SERP.
    
2. VDOT District Environmental Manager will provide the SERP PEI to the VDOT Project Coordinator.  The VDOT Project Coordinator will provide the PEI to Locality Project Manager.
    
3. At the request of the VDOT Project Coordinator, the District Environmental Manager will provide technical guidance to the Locality Project Manager in the preparation of technical studies.
    
4. Receive copy of signed Water Quality Permits and Natural Resource Due Diligence Certification form (EQ-555) and copies of water quality permits from municipality.
    
5. Receive copy of signed Hazardous Materials Due Diligence form (EQ-121) from municipality.

II.   Right-of-Way Acquired by Local Government (state funded project)

A.      Locality Will:

1. Perform necessary hazardous materials work and provide documentation to VDOT Project Coordinator (EQ-121).

B.      VDOT Will:

1. VDOT Project Coordinator will forward signed copy of “Hazardous Materials Due Diligence Certification” (EQ-121) from the Locality Project Manager to the VDOT District Environmental Manager.

III.    Construction Administered by Local Government (state funded project)

 A.      Locality Will:

1. Implement SERP construction commitments.
    

2. Implement all water quality permit conditions.
    

3. Implement construction in accordance with approved Erosion and Sediment Control and stormwater management plan.
    

4. Have on-site construction inspector with Virginia Department of Conservation and Recreation Erosion and Sediment Control inspector certification.  Perform an Erosion and Sediment Control inspection every two weeks (minimum).
    

5. Make the necessary notifications to US Environmental Protection Agency for any “improvements” made to sinkholes to facilitate storm water drainage.
    

6. Include in the contract documents and enforce all special provisions and specifications related to the environment.

B.      VDOT Will:

1. Prior to approval for advertisement and construction, the VDOT District Environmental Manager will complete the Environmental Certification Checklist (EQ-103 initiated by VDOT Project Coordinator). 
    
2. Monitor the project in accordance with the Department’s Environmental Monitoring Standard Operating Procedures to ensure environmental commitments identified as a result of SERP are implemented.

Forms:

• Project Early Notification (EQ-429)
• Water Quality Permits and Natural Resource Due Diligence Certification form (EQ-555)
• Hazardous Materials Due Diligence Certification form (EQ-121) 
   

Guidance:                                                                               

• SERP Preliminary Environmental Inventory – Example of PEI
• Environmental Certification/Commitment Checklist (EQ-103)
• Local Administration of Urban System Construction Program – Program Guidelines