Environmental Compliance

There are a number of important requirements Localities should keep in mind when working towards reimbursement on Access road projects.  One important requirement is environmental compliance.  When the Project Administration Agreement indicates the Locality is responsible for environmental compliance, they must complete all necessary environmental work outlined in the Agreement or obtain qualified professionals to perform the work on their behalf.  VDOT District Environmental Manager will provide oversight and technical guidance, but will not conduct the actual environmental work.

The Locality’s first step in environmental compliance will be completing a Project Early Notification form (EQ-429).  In this form, the Locality must provide important project information; the “Project description and comments” field is particularly important, as is a project location map.  The Project Early Notification form, and any supporting information, is then forwarded to the VDOT Project Coordinator, with a copy to the VDOT District Environmental Manager. 

A “Kick Off Meeting” is strongly suggested either before or after the SERP has been completed.  The Locality may contact the VDOT Project Coordinator and the VDOT District Environmental Manager to arrange the meeting.  This is an excellent opportunity for all parties to understand exactly what environmental requirements are associated with a particular project.

The Project Early Notification form starts the State Environmental Review Process (SERP).  The result of the SERP is a Preliminary Environmental Inventory (PEI).  The VDOT District Environmental Manager will send the PEI to the VDOT Project Coordinator and the Locality.  The PEI is provided to the Locality for use in planning and designing the Access project.  The early input by the state resource agencies allows for avoidance and minimization efforts in project design to lessen potential impacts to the environment. The PEI is a preliminary step in gathering environmental information. The Locality is responsible for any necessary coordination with state and federal agencies for studies, permits, etc. The PEI is not a substitute for studies and the agency coordination necessary to identify specific project impacts to the environment.  SERP identifies environmental commitments that the Locality is responsible for implementing.

State/Federal Agency Coordination

In order to complete the necessary environmental work for the Access project, the Locality will need to coordinate the project and it’s potential impacts to the environment with a number of different state and federal agencies.  The actual agencies a Locality will need to coordinate with will depend on the scope of the Access project.  These agencies can include, but are not limited to, the Virginia Department of Historic Resources (VDHR), the Virginia Department of Environmental Quality (VDEQ), Virginia Marine Resource Commission (VMRC), US Army Corps of Engineers (COE), and other regulatory agencies.  In some instances, the Locality may be directed by the regulatory agencies to perform additional environmental studies, such as archaeological surveys, or wetland findings/delineations.  More detailed information is available on Cultural Resource coordination, Water Quality Permits and Natural Resource coordination, and Hazardous Materials coordination.

Letters from these agencies indicating that the project’s environmental or cultural resource issues have been completely addressed (referred to as “capstone letters”), or the necessary permits issued, must be submitted to the VDOT Project Coordinator, with a copy to the VDOT District Environmental Manager.

Environmental Commitments

If any environmental commitments have been identified in the SERP PEI, or through agency coordination, the Locality is responsible for ensuring the commitments are implemented at the appropriate time.  The implementation of environmental commitments is not optional, but required for reimbursement by the Access programs. 

Environmental commitments for Access road projects can include, but are not limited to the following:

Conducting archaeological surveys Compliance with Virginia air pollution regulations during construction Project design in accordance with Virginia Erosion & Sedimentation Control law and regulations, Virginia Stormwater Management law and regulations, Virginia Pollutant Discharge Elimination System permits and Chesapeake Bay Preservation Act. Preliminary Environmental Inventory form

Once the Locality has implemented the environmental commitment(s), documentation to that effect must be forwarded to the VDOT Project Coordinator, with a copy to the VDOT District Environmental Manager.

Environmental Certification

Prior to authorization for advertisement and construction, the VDOT District Environmental Manager must certify that the environmental documentation is complete and valid.  The environmental documentation (agency “capstone” letters, forms, permits, etc.) must be forwarded by the Locality to the VDOT Project Coordinator, with a copy to the VDOT District Environmental Manager, to allow the Environmental Certification process to be completed.  See the Environmental Certification Checklist for clarification on exactly what VDOT certifies.  As long as the Locality provides copies of all environmental documentation to the VDOT Environmental Manager, the Certification process may be completed within 10 days.  Incomplete information will delay the certification process.

Construction Monitoring

Regardless of who is responsible for construction of an Access road project, VDOT may monitor projects as per policy, to ensure any environmental commitments identified have been implemented (such as VA air pollution regulations, permit requirements, etc.). 

Forms:

Project Early Notification form (EQ-429) – must be completed to initiate State Environmental Review Process (SERP) Water Quality Permits & Natural Resources Due Diligence Certification form – must be completed by Locality and submitted to VDOT Hazardous Materials Due Diligence Certification form – must be completed by Locality and submitted to VDOT

Guidance:

VDOT Instructional & Informational Memorandum 216.5 – VDOT policy on projects designed/administered/advertised by Localities SERP Preliminary Environmental Inventory – example of PEI Access Road Environmental Checklist Environmental Certification – form completed by VDOT Environmental Manager prior to project authorization for construction.  Agency coordination information allows this to be completed. Fugitive Dust & Emissions Control regulation – DEQ air pollution regulation (9 VAC 5-50-90) Open Burning regulations - DEQ air pollution regulation (9 VAC 5-40-5620) Asphalt Paving regulations - DEQ air pollution regulation (9 VA 5-40-5490) Cultural Resource Coordination Water Quality Permits & Natural Resource Coordination Hazardous Materials Coordination VDOT District Environmental Manager Contacts

Related links:

 State/Federal Agency links