It's A Process: Early Consultation and Regulatory Clarity

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Eric Voigt, The Louis Berger Group, Inc.

Eric Voigt, The Louis Berger Group, Inc.

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  • 1. IT’S A PROCESSEARLY CONSULTATION AND REGULATORY CLARITY Eric Voigt, Senior Program Manager
  • 2. BUSINESS DECISION TOPROCEED PROJECT COMMITMENT CORPORATE PERSONNEL CORPORATE RESOURCES CONSULTANTS REGULATORY STAFF
  • 3. PROJECT PRIORITIES: SCHEDULE SCHEDULE SCHEDULE
  • 4. THE TWO-FOLD PATH ROUTING PERMITTING
  • 5. CONSULTATION AND COMPLIANCEWetlands Delineation and Jurisdictional WetlandsCultural Resources and Section 106Threatened and Endangered SpeciesNEPA
  • 6. DETERMINE THE FEDERAL NEXUSFederal or Tribal LandsCorps PermitFederal License
  • 7. FEDERAL LANDS – NATIONAL PARK SERVICE REBUILD ON EXISTING ROW Construction Permit NEPA - EA Section 106 = Undertaking Under 36CFR800NPS Must Initiate the Section 106 Consultation
  • 8. FEDERAL PERMIT - JPA404 Permit from USACEFederal Undertakingaccording to 36CFR 800Permit Cannot Be Issued UntilSection 106 Consultation isCompleteThe USACE Must Initiate Section 106 Consultation
  • 9. AREA OF POTENTIAL EFFECTSThe Federal lead Agency determines the APEin consultation with SHPO/THPO - Section 36CFR 800.4(a)The USACE determines that the APE includes onlythose areas over which it has jurisdiction– not the entire projectSurveys and evaluations are complete =No Effects Historic Properties within the APE!!!Unless there are state requirements under state law and/or regulations,you may have spent several hundred thousand dollars for no reason!!
  • 10. STATE PROCESS ANDMITIGATIONNo Effects to Historic Properties Within the APE!!!But under state law andregulations, there are impactsto historic properties……But resolution of impactsinvolves consultation with SHPOAnd stakeholders outside theSection 106 process
  • 11. CONSULTLING PARTIES ANDPUBLIC INVOLVEMENT36CFR 800.2(c)• Representatives of local governments;• Additional consulting parties (individuals and organizations with a demonstrated interest; and• The public (property owners and others identified through NEPAIt is critical that you can demonstrate that consulting parties andthe public have been “appropriately” engaged throughout theSection 106 Process This will be a focus of the SHPO, the ACHP, and – which is often the case - a Judge
  • 12. CONCLUSION – START AT THEBEGINNINGStart At the Onset of the Business Decision and Prior to Routing StudyIdentify the Federal InvolvementIdentify the Possible Limits of Federal JurisdictionIdentify Consulting PartiesInitiate ConsultationWORK FOR STANDARDIZATION OF GUIDELINES FOR SHPO REVIEW