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Environmental Stewardship and Transportation Infrastructure Project Reviews
Home > Schedule > 4/17/03 Meeting Minutes

EXECUTIVE ORDER 13274
Task Force Agency Representatives Meeting Minutes
400 7TH STREET SW
ROOM 4200

2:00 p.m. - 3:30 p.m.

April 17, 2003

  1. Introductions and Opening Remarks

    Joel Szabat, DOT, called the meeting to order and thanked the Task Force Representatives for their attendance. He informed the Task Force Representatives that FHWA Administrator Mary Peters would be delayed due to the review the TEA-21 Reauthorization Bill with Secretary Mineta. He also acknowledged the progress the Department has made in preparing the reauthorization bill.

    A few administrative items were mentioned. The Executive Summary provided in the read ahead materials has changed. The priority projects status report that was handed out contains the modified Executive Summary. In addition, a separate Case Study highlighting EPA's involvement on the I-69 GIS database was provided.

  2. Status Report on Priority Projects

    The next agenda item was to review the status of the priority projects. A detailed status report was provided however; the representatives of the Task Force discussed six projects. The projects for which verbal updates were given include:

    • CETAP
    • InterCounty Connector Highway Project
    • Lower Manhattan Transportation Recovery Projects
    • Ohio River Bridges
    • Stillwater Bridge
    • Chittenden County Circumferential Highway

    A 1 to 2 minute update was provided for each project listed above.

    Joel Szabat, DOT, made the presentation on the CETAP project. Joel Szabat stated a Record of Decision on one corridor is expected in Summer 2003; the additional environmental studies and supplemental EIS for other corridor is scheduled for completion in early 2004 . The Department of Transportation (DOT), Riverside County and other Resource Agencies (U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS) and the Environmental Protection Agency (EPA)) worked together to form an agreement that would allow the completion of the environmental process for both CETAP project corridors. . However, Riverside County needs to obtain adequate funding to complete the required studies.

    Chip Nottingham, FHWA, made the presentation on the Intercounty Connector Project. The InterCounty Connector (ICC) project provides for National Highway System connectivity, linking the I-270 corridor via I-370 to US Route 1. The proposed roadway would have interchanges with US Route 29 and I-95 and would provide redundancy and relieve capacity on the heavily congested Washington Beltway I-495. The State of Maryland has requested the audience of the Executive Order Task Force to provide a brief overview of the InterCounty Connector Highway Project and the potential environmental issues the project may confront. The State of Maryland is tentatively scheduled to present at the May 20, 2003 Task Force Meeting. Chip Nottingham also stated that the State of Maryland has a considerable amount ahead of them in finalize an approved Purpose and Need and Alternatives for the project.

    Susan Borinsky, FTA, made the presentation on the Lower Manhattan Transportation Recovery Projects. At the March 4, 2003 Task Force meeting Administrator Dorn described the initial proposed projects that are ready for development:

    • The Port Authority Trans-Hudson (PATH) Terminal at the World Trade Center site;
    • The Fulton Street Transit Center; and
    • The South Ferry Subway Terminal.

    On April 3, 2003, FTA published a Notice of Intent (NOI) in the Federal Register to prepare an Environmental Impact Statement (EIS) for the Fulton Street Transit Center. The public scoping meeting for the EIS has been scheduled for April 29, 2003. Recently FTA invited the heads of the field offices of the Federal resource agencies to participate in an Interagency Review Team (IRT) to strategize coordination for the environmental reviews of the Lower Manhattan projects and to promote the stewardship and streamlining objectives of EO 13274. FTA also invited FHWA, the Federal Emergency Management Agency, the Department of Housing and Urban Development, and the New York State Historic Preservation Office to join the IRT. The first meeting was scheduled for April 28, 2003. Garry Mayer, NOAA Fisheries, wanted to know whether or not a ferry terminal was included as part of the high priority projects. Carol Braegelmann, FTA, stated that no ferry terminal project is included in the Lower Manhattan Transportation Recovery Projects. Only subway-related transportation projects are currently on the list of high priority projects that are proposed for federal funding.

    John Fowler, ACHP, made the presentation on the Ohio River Bridges project. John opened his brief update by notifying the Task Force Representatives that an article was recently published in the Louisville-Courier-Journal discussing the Ohio River Bridges project.

    (Article attached as part of Minutes Package, web link provided below:
    http://www.courier-journal.com/localnews/2003/04/16ky/ke041603s397262.htm).

    The success of this project is based on coordination between the Indiana/Kentucky Department of Transportation's (DOTs), Indiana/Kentucky State Historic Preservation Offices (SHPOs), FHWA and the ACHP. The coordination between these organizations resulted in the development of a Section 106 Memorandum of Agreement (MOA). Fred Skaer, FHWA, and Chip Smith, FHWA (DO YOU MEAN CHIP NOTTINGHAM, FHWA OR CHIP SMITH ACOE?) both stated that this project might be an excellent project to show as an immediate success story. The final Environmental Impact Statement was signed in April and Record of Decision are expected to be complete in August 2003.

    Paul Hoffman, DOI, made the presentation on the Stillwater Bridge project. A videoconference was held the week of April 18, 2003, between FHWA, DOI, Minnesota DOT/Department of Natural Resources (DNR) and the Wisconsin DOT/DNR to discuss the Alternative Dispute Resolution process for the Stillwater Bridge project. As the result of that videoconference, an aggressive timetable was agreed upon for a completion of the NEPA document and the Minnesota Environmental Program no later than August 2004.

    Kim Depaul, EPA, made the presentation on the Chittenden County Circumferential Highway in Vermont. Kim stated that an Environmental Assessment (EA) is being prepared to update the 1986 Vermont DOT EIS. The EA is being prepared to analyze the impacts resulting from the project as the result of induced growth and impacts to impaired waters. The additional studies requested by EPA was submitted to EPA for comments by late April. A meeting is scheduled for April 30, 2003, to be attended by FHWA Administrator Peters, J.P. Suarez, EPA, and representatives of EPA-Region I.

    To wrap up the section discussing the status of the priority projects, Joel Szabat stated that the Task Force might have three success stories that could be publicly announced as early as Mid-Summer. The projects that look promising are: Chittenden County Circumferential Highway, Ohio River Bridges and the Riverside County-CETAP. Joel Szabat stated that announcements might be made during the upcoming National Transportation Week. National Transportation Week is the week of May 12, 2003.

  3. Endangered Species Act Presentation

    Joel Szabat introduced representatives from the Department of the Interior for the presentation on the Endangered Species Act (ESA). Rick Sayers, Chief of Consultation and Habitat Conservation Plans, Fish and Wildlife prepared the presentation on ESA and how Federal agencies may improve upon ESA coordination. He began by giving a brief overview of ESA and the Section 7 consultation process. Section 7 of the ESA mandates all Federal agencies to determine how to use their existing authorities to further the purposes of ESA and to aid in recovering listed species, and to address existing and potential conservation issues on Federally owned land. Rick Sayers stated that in 1998 a joint initiative between DOI and NOAA resulted in the development of an ESA Handbook. A link to the Joint ESA Handbook can be found at:

    http://endangered.fws.gov/consultations/s7hndbk/s7hndbk.htm

    After the review of the Section 7 process, Rick Sayers briefly talked about the Section 10 consultation process that is the coordination of non-Federal properties. Some initiatives that require Section 10 consultation include the Northwest Forest Plan and the Everglades. A handout was provided with a detailed look at the ESA process. (Presentation handout provided in Meeting Minutes Materials).

  4. Discussion of future issues and direction

    Joel Szabat, DOT, introduced Fred Skaer, FHWA, who facilitated the section on identifying policy priorities for Task Force attention that will help promote streamlining, coordination and stewardship, per the directives of the Executive Order. This ultimately will result in the formation of various workgroups composed of Task Force member agency staff to address the highest priority issues and the Task Force was asked to submit staff names to be on the work groups. The session began with a core list of issues. Some of the issues listed include:

    • ESA
    • Section 404, Clean Water Act
    • Section 106, National Historic Preservation Act
    • Section 4(f)
    • Indirect and Cumulative Impacts; and
    • Purpose and Need

    Kim DePaul, EPA, stated that in addition to looking at Purpose and Need, Alternatives, and how to develop alternatives should be included as part of the discussion on Purpose and Need since the two are so closely related in the NEPA process.

    Chip Smith, USACE, wanted to get an idea of "What area of Section 404 should be looked at since Section 404 is a very broad area?" Areas raised include:

    • Integration;
    • Public versus Private Application and how they are handled differently; and
    • Determining a proved Track Record (History) for what works when going through the Section 404 permit process.

    Paul Hoffman, DOI, had an idea of developing an Environmental Streamlining Handbook to be used as a guide to those preparing environmental documents.

    To that end, the Task Force Representatives provided a number of main issue areas that they felt would warrant their attention. Once the list was compiled, the issue areas of importance to the Task Force were prioritized based on a vote. Listed below are the top three issue areas that the Task Force selected. In addition, each major issue area has a number of subtopics that fall under the umbrella of the larger issue. Following the list of the top three issue areas are the remaining areas that may be addressed by the Task Force at a later date.

    1. Integrated Planning Obstacles and Opportunities
      • Long-term planning
      • Early coordination
      • Advanced discussion with State DOTs on prioritization
      • Tiering
      • Process obstacles
      • Environmental streamlining handbook
      • Training
      • Environmental stewardship opportunities

    2. Indirect and Cumulative Affects
      • Getting field staff on same page
      • Level of detail of information required
      • Mitigation
      • Better science-- how to measure indirect and cumulative affects

    3. Purpose and Need [Alternatives]
      • Better interagency collaboration
      • Integration (NEPA and 404)
      • Scope of analysis
      • Transportation planning process linkage
      • Agency deference

    4. Section 106 Process
      • Alternative procedures/Programmatic MOAs
      • Tribal involvement
      • Encouraging State use of content sensitive design as a Historic Preservation Tool.

    5. Section 4(f)
      • Programmatic ways
      • Right Outcomes
      • Integration

    6. Endangered Species Act Opportunities

    7. Section 404, Clean Water Act
      • Integration
      • Credit
      • Consistency between Districts

    8. State Adoption of Environmental Stewardship
      • Promotion
      • Means to foster at State level
      • Having all agencies acknowledge environmental responsibilities
      • Reward Program

  5. Wrap Up/Closing Remarks

    Joel Szabat turned the closing remarks over to FHWA Administrator Mary Peters. FHWA Administrator Peters acknowledged the hard-working individuals in the field from all agencies who have put in "extra effort" on transportation projects. She also apologized for her absence but she let the Task Force Representatives know that the reauthorization of TEA-21 is almost complete and will be sent to Congress shortly.

    The next meeting of the Task Force is scheduled for May 20, 2003 at 2:00 p.m. - 3:30 PM at DOT. A presentation by the State of Maryland on the InterCounty Connector Project has been tentatively scheduled for this meeting. There were no objections by the Task Force Representatives.

    Meeting adjourned at 3:50 p.m.