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Hazmat/ Additional Archaeology
Project Flowchart for this Article
Once a permit is approved, the Division of Environmental Analysis notifies the: 1) PM; 2) Division of Construction Procurement’s Plans, Specifications, and Estimates Branch (PS&E); and, 3) DEC. The Division of Environmental Analysis will provide copies of the permit as required.
The USACE may need to review and approve plan changes that affect the waterway or conditions of the permit after issuance. An approved IP may require another 30-day public notice. Impacts not identified on the approved plans (e.g., temporary stream crossings) may require a separate permit or permit modification before construction may begin. Excess excavation sites affecting streams or wetlands often require a LOP or IP.
It is critical that early project reviews identify permit requirements and consider these project needs. The PM should periodically revisit permitting needs once preliminary requirements have been established, and when design details and project revisions are developed that may impact streams or wetlands. If significant changes and/or project additions are not identified during preliminary permit review it may result in the project requiring an IP or LOP permit rather than a Nationwide Permit. Securing these more complex permits requires several additional months.
Results of Archaeological Phase I intensive surveys are used to decide if Phase II archaeology testing or Phase III archaeology data recovery is needed. Phase I and Phase II archaeology should be completed for all parcels before a FONSI document is approved (although exceptions do occur). Phase III archaeological data recovery is triggered when Phase I or Phase II testing identifies archaeological sites eligible for the NRHP and the site(s) cannot be avoided or preserved in place. Because property owners can find these activities very disruptive, they may require postponement until the acquisition process is complete. See the Environmental Analysis Guidance Manual for discussions of how the three levels of archaeological investigation differ from one another (EA-906, EA-907, and EA-908).
Regulated Hazmat, wastes, or contaminants often encountered during transportation projects include:
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- Petroleum products,
- Commercial and industrial solvents,
- Heavy metals,
- PCBs,
- Pesticides, and
- Asbestos.
Potential sources of pollutants include USTs, aboveground storage tanks, waste storage areas, and commercial and industrial process locations. Action levels for individual hazardous materials are defined based on current and proposed land uses, toxicity, and risk for human exposure. For a list of applicable codes, regulations, statutes, and guidance documents, see the Environmental Analysis Guidance Manual (DEA-1001).
At sites where regulated materials have been identified or may be present, a Phase II environmental site assessment (ESA) is usually conducted after the final NEPA document is complete — but prior to ROW acquisition. A recommendation to pursue Phase II investigations is typically an outcome of a Phase I ESA, however, this decision can be made based on known site conditions, surrounding areas, or site history. The Phase II ESA identifies whether releases from USTs, aboveground storage tanks, hazardous wastes or materials, and solid and special wastes have occurred. If releases have taken place, their location and extent are delineated as well. Phase II ESA findings are used to determine whether a Phase III environmental corrective action (ECA) is necessary and estimate its cost (see EA‐1006).
When contaminants are identified within the proposed project ROW, a Phase III ECA may be required to remediate or remove recognized environmental conditions (RECs). A Phase III ECA is done after ROW acquisition. If a contractor is removing improvements, the Division of Environmental Analysis must inspect and remove all Hazmat.
Red Flag
KYTC may require owners to perform required cleanup procedures before the agency purchases a property. The Division of Environmental Analysis and the Division of Right of Way and Utilities advise the PM and the District of the procedure to follow in such cases.
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