WEBVTT 00:00:09.160 --> 00:00:09.192 JEAN DEVLIN: Alright, guys. 00:00:09.192 --> 00:00:10.640 We're gonna go ahead and get started. 00:00:10.640 --> 00:00:14.720 So for those of you that I don't know, my name is Jean Devlin. 00:00:14.720 --> 00:00:17.240 I'm an environmental reviewer at the Texas Water Development 00:00:17.240 --> 00:00:21.740 Board, and I'll be presenting the EID component of this 00:00:21.740 --> 00:00:22.240 presentation. 00:00:22.240 --> 00:00:24.920 And I'll let William introduce himself. 00:00:24.920 --> 00:00:26.280 WILLIAM ALFARO: Good morning. 00:00:26.920 --> 00:00:27.880 Welcome, everyone. 00:00:28.240 --> 00:00:30.560 It's a real pleasure having you all here. 00:00:30.880 --> 00:00:33.680 Thank you for those who are joining this webinar. 00:00:34.400 --> 00:00:39.200 My name is William Alfaro, I'm an environmental 00:00:39.200 --> 00:00:41.733 reviewer with the Regional Planning and Development 00:00:41.733 --> 00:00:45.200 Division at the Texas Water Development Board. 00:00:45.560 --> 00:00:52.240 And today, the main purpose of this training is to provide you, 00:00:52.240 --> 00:00:58.160 (INAUDIBLE) about the upgrade categorical exclusion criteria. 00:00:58.160 --> 00:01:03.470 And we also are gonna have review of the new environmental 00:01:03.470 --> 00:01:04.630 information document. 00:01:04.630 --> 00:01:10.150 Also, we are gonna provide a general overview of the Texas 00:01:10.150 --> 00:01:13.390 Water Development Board environmental review process. 00:01:15.070 --> 00:01:17.250 So welcome, everybody. 00:01:17.250 --> 00:01:21.243 And here's the agenda for today. 00:01:21.243 --> 00:01:24.710 Basically, we are gonna divide our presentation in three parts. 00:01:24.870 --> 00:01:29.097 I'm gonna be covering parts a and b, and Jean is 00:01:29.097 --> 00:01:31.710 gonna be covering part c, as she explained before. 00:01:31.710 --> 00:01:34.990 So for the general overview, we are gonna work 00:01:35.430 --> 00:01:39.710 the main purpose of why we do environmental reviews. 00:01:40.590 --> 00:01:43.110 We are gonna explain the difference between federal 00:01:43.110 --> 00:01:48.350 and state-funded programs, how we review the application 00:01:48.630 --> 00:01:51.990 of the projects, and determination of the level 00:01:51.990 --> 00:01:55.285 of review they're gonna apply for each of the projects. 00:01:55.285 --> 00:02:00.190 For categorical exclusion, the main goal here is to provide 00:02:00.190 --> 00:02:04.070 you the updated criteria for categorical exclusion. 00:02:04.110 --> 00:02:09.790 We are expanding our criteria, and we want you to know those 00:02:09.790 --> 00:02:11.590 changes that we are proposing. 00:02:11.950 --> 00:02:17.150 So it's a good opportunity to share this information with you. 00:02:17.150 --> 00:02:20.230 We're gonna work with some definitions about 00:02:21.430 --> 00:02:26.443 categorical exclusion, the eligibility for those 00:02:26.443 --> 00:02:30.443 projects which was qualified and which was not qualified. 00:02:30.443 --> 00:02:33.510 Like I said, the proposed amendments to categorical 00:02:33.510 --> 00:02:34.203 exclusions. 00:02:34.203 --> 00:02:38.030 And, at the end of this section, we are gonna work with 00:02:38.030 --> 00:02:41.803 some examples of what projects can qualify for categorical 00:02:41.803 --> 00:02:43.350 exclusions and which was not. 00:02:43.550 --> 00:02:48.390 And we'll go over it's historic circumstances that 00:02:48.390 --> 00:02:51.874 can affect those projects. 00:02:51.874 --> 00:02:55.712 I'm gonna let Jean to explain the part c. 00:02:55.712 --> 00:02:58.060 JEAN DEVLIN: So I'll be going over the new environmental 00:02:58.060 --> 00:02:59.220 information document. 00:02:59.220 --> 00:03:03.487 So most of you have a copy of the new EID in your hand. 00:03:03.487 --> 00:03:09.980 We'll be going over what an EID is, what a FNSI is, and just 00:03:09.980 --> 00:03:13.060 giving a general overview of the TAC code or the Texas 00:03:13.060 --> 00:03:18.174 Administrative Code that defines what is required for the clean 00:03:18.174 --> 00:03:21.500 water, state revolving fund and for the drinking water state 00:03:21.500 --> 00:03:22.360 revolving fund. 00:03:22.360 --> 00:03:26.100 We'll give an overview of a project timeline, and then 00:03:26.100 --> 00:03:31.060 we'll specifically start to review the EID, providing key 00:03:31.220 --> 00:03:33.153 information for each section. 00:03:33.153 --> 00:03:37.060 And for both of our presentations or sections, 00:03:37.060 --> 00:03:39.420 we're going to have time to have a little bit of 00:03:39.420 --> 00:03:40.680 a question-and-answer session. 00:03:40.680 --> 00:03:44.840 So you can ask specific questions about the new CE 00:03:44.840 --> 00:03:47.820 criteria, about the new EID, and then if we have time, 00:03:47.820 --> 00:03:51.980 we can potentially go into specific project questions. 00:03:52.020 --> 00:03:53.772 So with that... 00:03:53.772 --> 00:03:55.244 WILLIAM ALFARO: Thanks, Jean. 00:03:55.244 --> 00:03:58.700 So I wanna let you know that this presentation is gonna be 00:03:58.740 --> 00:04:01.180 emailed to you at the end. 00:04:01.180 --> 00:04:06.020 Also, we are gonna have a recording of this presentation 00:04:06.180 --> 00:04:07.420 in our website soon. 00:04:07.460 --> 00:04:09.980 So if you wanna come back and review a little more of 00:04:09.980 --> 00:04:12.220 the information, it's gonna be available for you. 00:04:13.540 --> 00:04:17.780 So after the section part a and b, we're gonna have 00:04:17.780 --> 00:04:18.980 a five-minute break. 00:04:19.020 --> 00:04:24.060 And I would like if we have some questions, we can save those for 00:04:24.060 --> 00:04:25.814 questions and answers periods. 00:04:25.814 --> 00:04:29.420 So we're gonna start here presenting you some 00:04:29.580 --> 00:04:31.340 acronyms and abbreviations. 00:04:32.140 --> 00:04:35.620 This list is just provided to you for future reference, 00:04:35.620 --> 00:04:39.327 but I would like to go over a few of them that we are 00:04:39.327 --> 00:04:41.940 gonna be using frequently in these presentations. 00:04:41.980 --> 00:04:45.180 So the first one is CE, categorical exclusion. 00:04:46.540 --> 00:04:51.520 We have the EID, environmental information document. 00:04:51.520 --> 00:04:55.898 A FNSI, finding of no significant impact. 00:04:55.898 --> 00:05:00.170 And DNE, determination of no effect. 00:05:00.610 --> 00:05:04.850 And the last one, Kelly, I would like to focus is in the Texas 00:05:04.850 --> 00:05:06.290 administrative code, TAC. 00:05:06.290 --> 00:05:09.210 So, like I said, all of these ones are just provided 00:05:09.210 --> 00:05:12.330 for your reference later on. 00:05:12.330 --> 00:05:19.730 So for part a, like I said before, we're gonna go over 00:05:19.730 --> 00:05:22.570 some general overview of the environmental review 00:05:22.570 --> 00:05:24.850 process of the Texas Water Environment Board. 00:05:28.210 --> 00:05:32.783 And I know most of you probably are familiar with environmental 00:05:32.783 --> 00:05:34.059 process review process. 00:05:34.059 --> 00:05:37.594 I would like to go over just with the goal for background. 00:05:37.594 --> 00:05:46.020 And our main goal is to refresh the knowledge and also provide 00:05:46.020 --> 00:05:49.610 you with a new information here in the new process in 00:05:51.680 --> 00:05:53.133 environmental review. 00:05:53.133 --> 00:05:56.240 So why we do environmental reviews? 00:05:56.240 --> 00:06:00.040 This is the main question here, why environmental 00:06:00.040 --> 00:06:01.320 reviews are important. 00:06:01.680 --> 00:06:05.760 All Texas Water Environment Board funded need to comply 00:06:05.760 --> 00:06:11.800 with local, state, and federal laws in order to make sure 00:06:11.800 --> 00:06:17.040 that all projects are not gonna have an adverse impact 00:06:17.080 --> 00:06:21.587 on the human environment in natural resources. 00:06:21.587 --> 00:06:29.040 For, federal funds, the clean water and drinking water state 00:06:29.040 --> 00:06:36.680 revolving funds, those two funding programs need to meet 00:06:36.680 --> 00:06:42.080 all environmental protection agency requirements and comply 00:06:43.200 --> 00:06:44.070 with with NEPA. 00:06:44.070 --> 00:06:45.140 So that's the difference there. 00:06:45.140 --> 00:06:51.480 And for the state programs, the requirements are are at 00:06:51.480 --> 00:06:56.520 the state level, and all of these rules are stated in 00:06:56.560 --> 00:06:59.400 the Texas Administrative Code. 00:06:59.960 --> 00:07:06.860 So the the main goal of these laws and regulations is to, 00:07:06.860 --> 00:07:13.630 like I said, avoid, minimize, if necessary, mitigate, 00:07:13.630 --> 00:07:17.960 the impact that those projects may have in the environment. 00:07:19.440 --> 00:07:22.920 The purposes here is to provide to the executive 00:07:22.920 --> 00:07:26.680 administrator with all the information necessary for 00:07:26.680 --> 00:07:32.533 them to make the determination they can fund the projects. 00:07:32.533 --> 00:07:38.920 So with that, we want to provide him the information necessary 00:07:39.200 --> 00:07:44.080 to make sure the regulatory agencies make the reviews. 00:07:44.080 --> 00:07:49.930 And with that review, make sure that those projects 00:07:49.930 --> 00:07:52.150 won't have an adverse impact. 00:07:54.430 --> 00:07:58.350 So the basic level, the environmental review 00:07:58.390 --> 00:08:02.470 is divided between federal and state-funded programs. 00:08:02.630 --> 00:08:06.400 For the state, we have the State Water Implementation Fund for 00:08:06.400 --> 00:08:10.726 Texas, SWIFT, the Economical Distress Areas Program, EDAP, 00:08:10.726 --> 00:08:14.414 the Texas Water Development Fund, DFund, Rural Water 00:08:14.414 --> 00:08:18.390 Assistance Fund, and the State Participation Program. 00:08:18.390 --> 00:08:24.843 So those are the state programs for the Texas 00:08:24.843 --> 00:08:25.750 Water Development Board. 00:08:25.990 --> 00:08:29.310 And the federal programs, like I said before, the clean 00:08:29.310 --> 00:08:31.590 water and drinking water's state revolving funds. 00:08:34.830 --> 00:08:41.083 So the the difference between the reviews is like like I said 00:08:41.083 --> 00:08:45.710 that for state programs, we are gonna follow the procedures 00:08:45.710 --> 00:08:51.350 state at the state level and for federal programs, they 00:08:51.350 --> 00:08:56.170 need to comply with NEPA. 00:08:56.170 --> 00:09:04.150 Here we are providing some key application elements that 00:09:04.150 --> 00:09:08.310 we use to determine the level of review that we're gonna 00:09:08.310 --> 00:09:11.470 have for different projects that we receive. 00:09:12.790 --> 00:09:18.430 At this point, we relied on the information that you 00:09:18.430 --> 00:09:23.430 provide us in the preliminary engineering feasibility report. 00:09:23.750 --> 00:09:25.070 We look for the schedule. 00:09:25.070 --> 00:09:29.910 We look for the budget just to make sure that you are 00:09:33.270 --> 00:09:36.750 allowing time and money for the environmental review 00:09:36.750 --> 00:09:38.443 process. 00:09:38.443 --> 00:09:46.900 At this point, you can see there is specific information 00:09:46.900 --> 00:09:49.953 that we use to make that determination to see that 00:09:49.953 --> 00:09:55.980 if the project is gonna qualify for a categorical exclusion or 00:09:56.020 --> 00:09:58.700 the project is gonna need or require a full review. 00:09:59.180 --> 00:10:01.180 So that's the main point here. 00:10:01.220 --> 00:10:03.580 The main point here is that all the information that 00:10:03.580 --> 00:10:07.447 you provide and the weather information that you provide us 00:10:07.447 --> 00:10:11.127 is gonna help us to make that determination in an easy way. 00:10:11.127 --> 00:10:14.700 So that is important when we say we need a good, clear, specific 00:10:14.700 --> 00:10:15.993 description of the project. 00:10:15.993 --> 00:10:18.100 We need a good, clear, specific description of 00:10:18.100 --> 00:10:19.420 the project location. 00:10:19.460 --> 00:10:22.180 All those factors, all that information is gonna help us 00:10:22.180 --> 00:10:23.780 to make that determination. 00:10:26.820 --> 00:10:29.100 After we review the information that you 00:10:29.100 --> 00:10:33.830 provide us, like I said, we review the schedule budget, 00:10:33.830 --> 00:10:35.500 description of the project. 00:10:35.500 --> 00:10:39.407 Also, we relied on the information that you 00:10:39.407 --> 00:10:44.398 provide for the draft of the engineering contracts 00:10:44.398 --> 00:10:48.290 to find that information that's gonna help us to 00:10:48.330 --> 00:10:49.410 make the determination. 00:10:49.410 --> 00:10:55.250 So based on that review, we are gonna determine if the project 00:10:57.090 --> 00:11:00.490 qualifies for a categorical exclusion or if the project 00:11:00.490 --> 00:11:02.850 gonna require a full review. 00:11:09.530 --> 00:11:12.850 If the project qualifies for a categorical exclusion or 00:11:12.890 --> 00:11:15.770 a determination of no effect, then I would like to use 00:11:15.770 --> 00:11:19.010 this moment just to clarify that categorical exclusion 00:11:19.050 --> 00:11:22.400 and determination of no effect are basically the same thing. 00:11:22.400 --> 00:11:26.090 We choose a categorical exclusion for federal programs 00:11:26.090 --> 00:11:29.970 and determination of no effect for state-funded programs. 00:11:30.010 --> 00:11:32.490 So that's the difference user name. 00:11:32.490 --> 00:11:39.863 But basically the process is gonna be the same meaning, 00:11:39.863 --> 00:11:40.890 categorical exclusion. 00:11:42.570 --> 00:11:47.770 So in your application, do you say that your project 00:11:47.810 --> 00:11:51.517 may qualify for categorical exclusion, we are gonna 00:11:51.517 --> 00:11:54.610 provide you with a categorical exclusion request. 00:12:00.250 --> 00:12:04.360 With that form, you are gonna provide us with additional 00:12:04.360 --> 00:12:07.690 information, and we will probably ask a little more, 00:12:09.050 --> 00:12:11.343 asking for more information that you're gonna provide us. 00:12:11.343 --> 00:12:15.210 And like I said, all of that information is gonna allow us 00:12:15.210 --> 00:12:21.010 to make that determination if really the project qualifies 00:12:21.010 --> 00:12:22.410 for a categorical exclusion. 00:12:27.810 --> 00:12:32.863 If the project qualifies for CE, like I said before, federal 00:12:32.863 --> 00:12:38.090 funds or determination of no effect state funds, we prefer 00:12:38.130 --> 00:12:41.160 to make that determination before long commitment. 00:12:42.520 --> 00:12:48.320 If for any reason we don't have that determination 00:12:48.320 --> 00:12:50.880 before loan commitment, that's gonna add a few 00:12:50.880 --> 00:12:53.280 steps for federal programs. 00:12:53.280 --> 00:12:57.720 And basically, the ones that are here, the categorical 00:12:57.720 --> 00:13:02.880 exclusion must be published in a local newspaper, provide 00:13:02.920 --> 00:13:05.040 the Texas Water Development Board with the published 00:13:05.080 --> 00:13:07.571 affidavit and tier sheet. 00:13:07.571 --> 00:13:11.560 And, basically, that affirmation, that extra 00:13:12.240 --> 00:13:17.120 procedure is gonna delay the project around two months. 00:13:17.120 --> 00:13:20.240 So that's the reason why we prefer to have that 00:13:20.240 --> 00:13:21.707 determination before. 00:13:21.707 --> 00:13:27.080 Like I said before, if for any reason we don't make that 00:13:27.080 --> 00:13:30.000 determination, it's gonna just delay value over the process. 00:13:30.000 --> 00:13:36.693 But that's the only thing that can happen there. 00:13:36.693 --> 00:13:46.900 So with that, we are concluding the part a. 00:13:46.900 --> 00:13:51.640 A, like I said, it was just a general review of how we 00:13:52.120 --> 00:13:54.520 use the information that you provide us to determine 00:13:54.720 --> 00:13:56.827 if the project is gonna qualify for a categorical 00:13:56.827 --> 00:13:59.673 exclusion or the project is gonna require a full review. 00:14:00.267 --> 00:14:04.253 Here, we're gonna start talking about the part B, 00:14:04.253 --> 00:14:07.600 which is categorical exclusion or determination of no effect. 00:14:07.880 --> 00:14:11.920 And basically, the main idea here is provide you with 00:14:12.520 --> 00:14:17.000 information about the expansion of our qualifying criteria for 00:14:17.000 --> 00:14:21.660 categorical exclusion and some important definitions for... 00:14:21.660 --> 00:14:22.610 Correct. 00:14:22.610 --> 00:14:27.160 So basically, for both state and federal programs, 00:14:27.480 --> 00:14:30.680 categorical exclusion is just exclusion from a full 00:14:31.120 --> 00:14:33.240 environmental review. 00:14:33.240 --> 00:14:39.630 The Environmental Protection Agency, EPA, has identified 00:14:39.630 --> 00:14:47.790 some categories of actions that those actions may not 00:14:47.790 --> 00:14:50.430 have a significant adverse effect on the quality of 00:14:50.430 --> 00:14:54.310 the human environment in either individually or community. 00:14:54.790 --> 00:15:00.377 So again, here, we are focusing the categorical exclusion 00:15:00.377 --> 00:15:05.390 as for federal programs, and the determination of no 00:15:05.390 --> 00:15:11.824 effect is a step version of CE. 00:15:11.824 --> 00:15:19.710 So categorical exclusion, what are the changes that 00:15:19.710 --> 00:15:21.110 we are proposing? 00:15:21.110 --> 00:15:30.510 So we are expanding the CE criteria for 00:15:30.510 --> 00:15:31.990 categorical exclusions. 00:15:33.350 --> 00:15:37.680 So the change basically have three different items. 00:15:37.680 --> 00:15:43.047 And in general, the changes broaden the categorical 00:15:43.047 --> 00:15:44.060 exclusions criteria. 00:15:44.460 --> 00:15:49.900 And one of the main items is that (INAUDIBLE) that 00:15:50.100 --> 00:15:52.180 affect the degree of treatment may qualify. 00:15:52.180 --> 00:15:57.940 In the past, any change in the degree of treatment 00:15:59.180 --> 00:16:00.760 will disqualify a project. 00:16:00.760 --> 00:16:05.780 So that's a main change now that those projects that 00:16:05.780 --> 00:16:08.380 before were disqualified for the change of degree of 00:16:08.380 --> 00:16:14.180 treatment now may qualify under this new extension criteria. 00:16:14.780 --> 00:16:17.380 The other one is that constructions of minor ancillary 00:16:17.380 --> 00:16:22.887 facilities located or directly adjacent to existing properties. 00:16:22.887 --> 00:16:34.660 Before, in our current rules, any change that we would make 00:16:34.700 --> 00:16:39.167 in the same property, we qualify for a categorical exclusion. 00:16:39.167 --> 00:16:44.416 But if we would like to make that (INAUDIBLE) facility 00:16:44.416 --> 00:16:49.660 adjacent to that property, that will disqualify the project. 00:16:49.660 --> 00:16:53.460 But now in our current rules, that project may qualify for 00:16:53.460 --> 00:16:55.593 categorical exclusion too. 00:16:55.593 --> 00:16:59.220 And the other change that we are proposing is used 00:16:59.220 --> 00:17:03.500 to provide the categorical exclusion request form that 00:17:03.540 --> 00:17:07.140 this is a modification of the information that you 00:17:07.140 --> 00:17:07.900 provide us. 00:17:07.900 --> 00:17:12.100 And the main goal of the new categorical exclusion request 00:17:12.100 --> 00:17:15.180 form is to provide a little additional information for us 00:17:15.180 --> 00:17:18.593 to make that determination. 00:17:18.593 --> 00:17:30.567 The amendments that we are covering are the rules are 00:17:30.567 --> 00:17:33.250 gonna be affect, but those changes are listed there. 00:17:33.370 --> 00:17:36.130 And Jean is gonna talk a little bit later on in the presentation 00:17:36.130 --> 00:17:41.090 about the tax rules they're gonna be changing. 00:17:46.170 --> 00:17:49.050 So here we have the categorical exclusion criteria. 00:17:49.450 --> 00:17:52.677 And we'd like to emphasize that not all the projects 00:17:52.677 --> 00:17:54.850 will qualify for a categorical exclusion. 00:17:56.250 --> 00:18:00.830 Some projects may qualify, some of them don't qualify, 00:18:00.830 --> 00:18:04.090 and there are some extraordinary circumstances that can 00:18:04.970 --> 00:18:09.110 affect that eligibility for a categorical exclusion. 00:18:09.110 --> 00:18:17.290 So there's a specific criteria. 00:18:17.370 --> 00:18:24.010 There are four specific groups or categories that can qualify 00:18:24.050 --> 00:18:25.810 for a categorical exclusion. 00:18:25.850 --> 00:18:30.090 And basically, those are the projects may qualify 00:18:30.130 --> 00:18:34.690 if they import upgrades that are minor expansion of a system 00:18:34.690 --> 00:18:37.480 capacity, rehabilitation of functional replacement of 00:18:37.480 --> 00:18:42.160 existing systems and system components, and the construction 00:18:42.400 --> 00:18:48.000 of new and minor facilities located on or directly adjacent 00:18:48.000 --> 00:18:49.387 to existing facilities. 00:18:49.387 --> 00:18:53.840 So any projects that can fit in one of those categories 00:18:53.840 --> 00:18:56.600 of actions may qualify for a categorical exclusion. 00:19:03.400 --> 00:19:09.200 And here, we have a list of different factors that can 00:19:09.240 --> 00:19:13.160 disqualify a project for a categorical exclusion. 00:19:16.200 --> 00:19:22.040 So when we review a project, we see first if the project 00:19:22.920 --> 00:19:26.520 fits in one of those categories I just explained. 00:19:26.720 --> 00:19:30.707 And then we are gonna see if the project involve any of 00:19:30.707 --> 00:19:32.307 these disqualifying criteria. 00:19:32.307 --> 00:19:36.360 And that is affected project, and we will need to 00:19:36.360 --> 00:19:42.733 do some agency coordination to mitigate those factors. 00:19:42.733 --> 00:19:46.100 So what can disqualify a project? 00:19:46.100 --> 00:19:51.467 A new or relocated discharge to surface or groundwater. 00:19:51.467 --> 00:19:55.440 Any action that can result in the substantial 00:19:55.440 --> 00:19:59.080 increase on the volume of loading of pollutants to 00:19:59.080 --> 00:20:01.920 the receiving water. 00:20:03.080 --> 00:20:08.120 If the program will serve a 30% graded population, 00:20:08.120 --> 00:20:11.200 that is another factor that could disqualify for 00:20:11.200 --> 00:20:12.460 a categorical exclusion. 00:20:12.460 --> 00:20:17.250 And any action that is not supported by the state or other 00:20:17.250 --> 00:20:21.493 regional plan or strategy. 00:20:21.493 --> 00:20:25.920 And the last one here that we have is involve 00:20:25.920 --> 00:20:29.190 or related upgrading or existing infrastructure 00:20:29.230 --> 00:20:31.470 for future development. 00:20:32.510 --> 00:20:36.710 So those are the factors that can disqualify a project for 00:20:36.710 --> 00:20:39.230 categorical exclusion or determination of no effect. 00:20:46.950 --> 00:20:50.670 And here, we have a list of extraordinary circumstances 00:20:50.670 --> 00:20:55.857 that can affect the eligibility for a categorical exclusion. 00:20:55.857 --> 00:20:59.710 And I would like to emphasize that these extraordinary 00:20:59.710 --> 00:21:03.790 circumstances may be present at any phase of the project. 00:21:03.790 --> 00:21:08.700 It can be known at the planning, designs, constructions. 00:21:08.700 --> 00:21:15.190 And if we discover that one of those extraordinary 00:21:15.190 --> 00:21:18.910 circumstances after the planning phase, did make 00:21:18.910 --> 00:21:22.230 cause to the categorical exclusion to be revoked. 00:21:22.270 --> 00:21:31.617 So, one is one of the risks that can disqualify the project if we 00:21:31.617 --> 00:21:34.777 discover these extraordinary circumstances later on. 00:21:34.777 --> 00:21:39.510 And you can think of all of these ones here as any natural 00:21:39.510 --> 00:21:45.950 resources, social, cultural, socioeconomic resource that may 00:21:45.990 --> 00:21:48.870 be affected by the action of the project we are proposing. 00:21:52.270 --> 00:21:58.190 And those action may have a potential impact on 00:21:58.230 --> 00:22:01.414 the human environment or any of the natural resources, 00:22:01.414 --> 00:22:03.580 like like I said before here. 00:22:03.580 --> 00:22:06.630 I don't want to go over all of them, but I would like to 00:22:07.670 --> 00:22:15.403 put as example that endangered species or prime farmland that 00:22:15.403 --> 00:22:20.590 they can be affect, but those actions we are gonna require 00:22:20.630 --> 00:22:27.993 some agency coordination to mitigate those impacts. 00:22:27.993 --> 00:22:37.580 I was talking before about the categorical exclusion 00:22:37.580 --> 00:22:41.233 request form, and this is just a procedure that we're gonna 00:22:41.233 --> 00:22:47.335 follow now just to formalize our process in how we are 00:22:47.335 --> 00:22:49.420 gonna make that determination. 00:22:49.660 --> 00:22:54.220 If you and your project provided the information 00:22:54.220 --> 00:22:56.180 that your project may qualify for a categorical 00:22:56.180 --> 00:23:00.060 exclusion, we are gonna send you this request form. 00:23:02.300 --> 00:23:04.780 So we image you the form. 00:23:04.780 --> 00:23:07.460 You fill out the form and submit us back to 00:23:07.780 --> 00:23:10.007 provide us the additional information that we need. 00:23:10.007 --> 00:23:13.380 And we are gonna make, after reviewing that information, 00:23:13.900 --> 00:23:17.460 categorical exclusion or determination of no effect. 00:23:17.580 --> 00:23:22.482 And that is all we need to do having that determination for 00:23:22.482 --> 00:23:25.490 project or state fund programs. 00:23:27.770 --> 00:23:32.850 For federal programs, we have extra steps 00:23:32.850 --> 00:23:33.970 that we need to take. 00:23:38.050 --> 00:23:41.770 When we issue a categorical exclusion, the client needs 00:23:41.770 --> 00:23:45.450 to publish the categorical exclusion in a newspaper 00:23:45.690 --> 00:23:49.090 and provide us with affidavit and tier sheet. 00:23:49.530 --> 00:23:52.690 That's the one extra step that we need to 00:23:52.690 --> 00:23:54.463 take for federal funds. 00:23:54.463 --> 00:24:03.783 And the other one is that if we make determination before loan 00:24:03.783 --> 00:24:09.210 commitment, we need to go for an affirmation before the board 00:24:09.450 --> 00:24:11.437 for that determination. 00:24:11.437 --> 00:24:15.050 And as explained before, the only thing that can happen 00:24:15.050 --> 00:24:21.570 here that's gonna delay, about two months, the process. 00:24:21.570 --> 00:24:26.299 So two extra steps for federal program. 00:24:26.299 --> 00:24:30.250 Please don't think that this category restriction request 00:24:30.250 --> 00:24:32.963 form has used three questions like we're showing there. 00:24:32.963 --> 00:24:35.890 It's not quite that short, but it doesn't 00:24:35.890 --> 00:24:38.023 take too long to prepare. 00:24:38.023 --> 00:24:43.490 And we are gonna provide that information to you if we have 00:24:43.490 --> 00:24:48.370 any reason to believe that based on the environmental review 00:24:48.410 --> 00:24:52.943 that we do for the application, we are gonna determine if your 00:24:52.943 --> 00:24:56.130 project qualifies for a CE, and we're gonna send you that 00:24:56.370 --> 00:25:02.650 information to you to provide us with additional information. 00:25:02.650 --> 00:25:08.490 So after all of that, we are gonna work with three 00:25:08.490 --> 00:25:11.890 examples of projects that they can qualify for 00:25:11.890 --> 00:25:12.910 a categorical exclusion. 00:25:12.910 --> 00:25:16.690 And, basically, the structure here, we are gonna see under 00:25:16.690 --> 00:25:19.850 which categorical actions that project qualifies for 00:25:19.850 --> 00:25:20.780 a categorical exclusion. 00:25:20.780 --> 00:25:27.160 We are gonna see if there is any disqualifying factors. 00:25:27.440 --> 00:25:31.093 And at the end, we are gonna evaluate if there are any 00:25:31.093 --> 00:25:33.267 extraordinary circumstances that can affect the project. 00:25:33.267 --> 00:25:36.560 So the first one is very common that usually 00:25:36.560 --> 00:25:39.237 qualifies for a categorical exclusion, and it's just 00:25:39.237 --> 00:25:40.880 a pipeline replacement. 00:25:41.640 --> 00:25:45.240 That is something that we get different projects 00:25:45.240 --> 00:25:47.440 that can qualify for categorical exclusions. 00:25:47.600 --> 00:25:52.440 And like I said, if it's in the same system, pipeline 00:25:52.440 --> 00:25:56.360 replacement should be eligible for categorical exclusion. 00:25:57.160 --> 00:26:00.360 So under which categories this qualifies? 00:26:00.360 --> 00:26:03.400 It qualifies under rehabilitation or functional 00:26:03.400 --> 00:26:08.293 replacement of existing systems and system components. 00:26:08.293 --> 00:26:13.960 After we do the review and evaluate if there's any 00:26:14.000 --> 00:26:17.120 extreme factors for this project, we are assuming that 00:26:17.120 --> 00:26:22.740 there are not extreme factors that can affect this project. 00:26:22.740 --> 00:26:26.640 And when we have that determination, so the project 00:26:26.640 --> 00:26:30.200 qualifies, we evaluate, and there's no extreme factors. 00:26:30.760 --> 00:26:32.680 But what about extraordinary circumstances? 00:26:32.720 --> 00:26:35.280 There is any extraordinary circumstances that can 00:26:35.280 --> 00:26:36.760 affect this project. 00:26:36.960 --> 00:26:41.360 And here I wanna present you how we handle these situations if we 00:26:41.360 --> 00:26:44.450 see or we determine that there is extraordinary circumstances 00:26:44.450 --> 00:26:47.000 affecting our project. 00:26:47.000 --> 00:26:55.560 If we are gonna replace a pipeline but that replacement 00:26:55.560 --> 00:26:59.395 is gonna happen adjacent to a cemetery, that's a certain 00:26:59.395 --> 00:27:05.760 circumstance and we are gonna require some level of agency 00:27:05.760 --> 00:27:10.520 coordination to make sure that our project is not gonna affect 00:27:10.720 --> 00:27:13.080 cultural resources in this case. 00:27:14.800 --> 00:27:18.030 SPEAKER: So, if we see that your pipe replacement is gonna 00:27:18.030 --> 00:27:22.806 happen adjacent to a cemetery, we gonna require you to, in 00:27:22.806 --> 00:27:27.270 coordination with the Texas Historical Commission, to have 00:27:28.230 --> 00:27:31.510 them to evaluate the project and see if they have any 00:27:31.510 --> 00:27:34.217 recommendations for you. 00:27:34.217 --> 00:27:39.190 So, in this case, the Texas Historical 00:27:39.190 --> 00:27:42.630 Commission recommended that an archaeologist needs to be 00:27:42.630 --> 00:27:47.203 there at the time that you gonna replace the pipeline. 00:27:47.203 --> 00:27:52.310 So, having that recommendation, we are gonna issue 00:27:52.350 --> 00:27:56.350 the categorical exclusion, and the funding is gonna be 00:27:56.350 --> 00:27:59.750 conditioned that you are gonna have the archaeologist at 00:27:59.750 --> 00:28:03.230 the moment that the replacement is happening. 00:28:06.150 --> 00:28:10.270 As a follow-up, we gonna review the plans and contract 00:28:10.310 --> 00:28:16.384 documents to make sure that you have an archaeologist 00:28:16.384 --> 00:28:18.089 present at that time. 00:28:18.089 --> 00:28:21.260 Also, we are going to require some documentation that 00:28:21.300 --> 00:28:25.060 the archaeologist was there for the pipeline replacement. 00:28:25.060 --> 00:28:29.340 So, basically, that's the way we are going to handle some 00:28:29.340 --> 00:28:33.340 extraordinary circumstances when we are looking for 00:28:33.380 --> 00:28:36.260 a project that may qualify for a categorical exclusion. 00:28:36.860 --> 00:28:42.073 And we have a different example here. 00:28:42.073 --> 00:28:47.940 It's a water treatment plant upgrade, and what we want 00:28:47.940 --> 00:28:53.420 to do here, the project is proposing to install a nuclear 00:28:53.420 --> 00:28:55.713 fire in an existing property. 00:28:55.713 --> 00:29:00.460 So, as you see in the graph, the proposed action is 00:29:00.460 --> 00:29:05.860 between the property, the existing system that you 00:29:05.860 --> 00:29:06.993 already have there. 00:29:06.993 --> 00:29:10.980 So, installing a new fire will qualify for 00:29:10.980 --> 00:29:13.513 a categorical exclusion. 00:29:13.513 --> 00:29:21.273 So, under which category it qualifies, under construction 00:29:21.273 --> 00:29:26.820 of minor ancillary facilities located on or adjacent to 00:29:26.940 --> 00:29:27.953 existing facilities. 00:29:27.953 --> 00:29:34.020 So, that's the category, and again, we evaluate all 00:29:34.020 --> 00:29:37.660 the information that we have, and we determine that there 00:29:37.660 --> 00:29:42.620 are not any exclusion factors affecting that project, and once 00:29:42.620 --> 00:29:46.660 again, we go and see if there is any extraordinary circumstances 00:29:46.660 --> 00:29:48.460 that can affect the project. 00:29:48.460 --> 00:29:54.252 So, so far, the project is still qualifying for a categorical 00:29:54.252 --> 00:30:03.100 exclusion, but here we can see that the area where we want 00:30:03.100 --> 00:30:08.860 to replace the clarifier is heavily vegetated, so we have 00:30:08.860 --> 00:30:14.150 the concern that if we do some clearing of this vegetation, 00:30:14.150 --> 00:30:22.610 we're going to impact endangered species of any other wildlife 00:30:22.610 --> 00:30:25.170 that can be there in their habitat. 00:30:25.170 --> 00:30:29.930 So, that is a circumstance that can affect our project, and we, 00:30:29.930 --> 00:30:35.090 again, want to require you to have some agency coordination 00:30:35.090 --> 00:30:41.730 with Texas Parks and Wildlife and probably with the US Fish 00:30:41.730 --> 00:30:42.663 and Wildlife Service. 00:30:42.663 --> 00:30:47.090 So, that's the agency coordination that we're going 00:30:47.130 --> 00:30:52.890 to require, and if we get some recommendations, we are going 00:30:52.970 --> 00:30:59.650 to issue our findings depending on those recommendations for 00:30:59.690 --> 00:31:03.250 the agency regulatory. 00:31:03.250 --> 00:31:08.810 So, in this case, the Texas Parks and Wildlife Department 00:31:08.850 --> 00:31:17.150 recommended that a survey may be conducted for the project 00:31:17.150 --> 00:31:24.050 if the project is going to, the action is going to 00:31:24.050 --> 00:31:30.450 happen during the nesting of migratory birds. 00:31:30.850 --> 00:31:35.130 And so what happened here is that the Texas Wildlife 00:31:35.130 --> 00:31:38.970 Development Board is going to issue the categorical exclusion. 00:31:38.970 --> 00:31:43.090 Like I said before, just condition it to the nesting 00:31:43.090 --> 00:31:48.733 survey that we're going to require, and the Texas Wildlife 00:31:48.733 --> 00:31:52.463 Department is required. 00:31:52.463 --> 00:31:54.470 The same thing here. 00:31:54.470 --> 00:32:00.570 We are going to just follow up with reviewing the contract, 00:32:00.650 --> 00:32:04.943 making sure that you are considering these actions 00:32:04.943 --> 00:32:16.040 in your planning specs and contracts for this action. 00:32:16.040 --> 00:32:20.680 So, basically, here, we went over two different 00:32:21.120 --> 00:32:24.307 projects that can qualify for categorical exclusion. 00:32:24.307 --> 00:32:27.560 As you can see, those extraordinary circumstances 00:32:27.560 --> 00:32:31.824 really can affect the issuance of the categorical exclusion, 00:32:31.824 --> 00:32:37.000 but what we need to do is to ask you to make that 00:32:37.000 --> 00:32:41.840 coordination with the agency or agency's regulatory for 00:32:42.000 --> 00:32:43.920 those natural resources. 00:32:45.400 --> 00:32:48.760 The last example that we have here is related to 00:32:48.800 --> 00:32:52.960 the expansion of the criteria, the categorical exclusion 00:32:52.960 --> 00:32:57.640 criteria, and basically is the degree of treatment. 00:32:57.640 --> 00:33:03.520 Before any change of the degree of treatment 00:33:03.800 --> 00:33:05.480 will disqualify a project. 00:33:05.480 --> 00:33:12.790 So, we are proposing these changes to expand that and see 00:33:12.790 --> 00:33:16.950 if the project may qualify for a categorical exclusion. 00:33:19.630 --> 00:33:26.430 In this case, what we have here is if any community wants 00:33:26.430 --> 00:33:31.550 to install a social media system to reduce the arsenic 00:33:31.550 --> 00:33:39.710 level of their groundwater well, that change typically 00:33:39.910 --> 00:33:42.590 can disqualify the project. 00:33:42.590 --> 00:33:50.830 But if we determine that that replacement won't change 00:33:50.830 --> 00:33:55.250 the discharge point and won't increase the load of pollutant 00:33:55.250 --> 00:34:00.083 discharging, we are going to issue the categorical exclusion. 00:34:00.083 --> 00:34:04.990 We would like to emphasize here that for this media 00:34:04.990 --> 00:34:11.190 system replacement, the TCQ does require 00:34:11.190 --> 00:34:15.817 a license for contractors to manage this treatment. 00:34:15.817 --> 00:34:20.590 So, we are changing here the degree of treatment, 00:34:20.590 --> 00:34:23.070 but basically there is no action. 00:34:23.070 --> 00:34:26.890 We are not requiring any additional permits, 00:34:26.890 --> 00:34:32.150 and that's the reason why the project still may qualify 00:34:32.190 --> 00:34:33.610 for a categorical exclusion. 00:34:33.610 --> 00:34:38.190 That is the fact that we are not increasing the volume 00:34:38.190 --> 00:34:41.550 of discharging or we are not changing the point of discharge. 00:34:41.550 --> 00:34:46.630 Those are enough reasons to still qualify the project 00:34:46.630 --> 00:34:49.550 for a categorical exclusion. 00:34:52.970 --> 00:35:02.710 So, we gonna have a five-minute break, and we are going to have 00:35:02.750 --> 00:35:05.980 first the question-and-answer session, and after that we are 00:35:05.980 --> 00:35:08.660 going to have a five-minute break, and then Gina is going 00:35:08.700 --> 00:35:12.327 to be over the part C of the presentation. 00:35:12.327 --> 00:35:17.010 So, if there is any questions, this is the time. 00:35:17.010 --> 00:35:17.760 Yes? 00:35:17.760 --> 00:35:18.510 Mm-hmm. 00:35:18.510 --> 00:35:19.260 Yes. 00:35:34.540 --> 00:35:35.100 Yes. 00:35:36.300 --> 00:35:38.033 Those are... 00:35:38.033 --> 00:35:39.060 Thank you. 00:35:39.180 --> 00:35:40.180 That's a good clarification. 00:35:40.180 --> 00:35:41.100 Thank you for the question. 00:35:44.420 --> 00:35:48.509 Here are the ones that you... 00:35:48.509 --> 00:35:49.451 Mm-hmm. 00:35:49.451 --> 00:35:50.079 Yes? 00:35:50.079 --> 00:35:57.793 SPEAKER: (INAUDIBLE) We are seeing the need for 00:35:57.793 --> 00:36:02.393 things that would come through as recommendations 00:36:02.393 --> 00:36:05.060 from Parks and Wildlife, and one good example would 00:36:05.060 --> 00:36:08.820 be the recommendation for a mandatory bird testing survey. 00:36:10.140 --> 00:36:12.700 There's a lot of projects that might fit 00:36:12.700 --> 00:36:16.600 that type of condition. 00:36:17.210 --> 00:36:22.100 But would you all not require that only unless you received 00:36:22.140 --> 00:36:25.207 a recommendation from the Parks and Wildlife Department? 00:36:28.189 --> 00:36:30.620 That wouldn't necessarily be a condition unless it showed 00:36:30.620 --> 00:36:34.140 up in the Parks and Wildlife newsletter, or is that going 00:36:34.140 --> 00:36:37.180 to be something that you might instill yourself as 00:36:37.180 --> 00:36:40.649 an agency as a condition in these determinants? 00:36:40.649 --> 00:36:43.323 Or in a category for the students? 00:36:43.323 --> 00:36:44.780 SPEAKER: That's a really, really good question. 00:36:44.780 --> 00:36:45.607 Thank you. 00:36:45.607 --> 00:36:49.089 So, that's an extraordinary circumstance right there, right? 00:36:49.089 --> 00:36:52.060 And for us, we cannot make that determination. 00:36:52.060 --> 00:36:55.580 So, what we're going to do is require you to have that 00:36:55.580 --> 00:36:59.100 coordination with the agency regulatory, because we are 00:36:59.100 --> 00:37:00.737 not agency regulatory. 00:37:00.737 --> 00:37:05.610 We're going to ask you to do that coordination, and sometimes 00:37:05.650 --> 00:37:07.050 they don't make recommendations. 00:37:07.050 --> 00:37:10.650 They're going to say there's no issue there, but sometimes 00:37:10.650 --> 00:37:14.730 they will do, and we are going to adapt those recommendations 00:37:14.770 --> 00:37:18.410 and issue the category exclusion depending on that recommendation 00:37:18.450 --> 00:37:19.267 that they would... 00:37:19.267 --> 00:37:19.536 SPEAKER: Right. 00:37:19.536 --> 00:37:20.341 So, we don't... 00:37:20.341 --> 00:37:24.789 The water development is not recommended. 00:37:24.789 --> 00:37:33.853 We issue a category... 00:37:33.853 --> 00:37:55.350 We issue a CDE. 00:37:55.350 --> 00:37:58.610 SPEAKER: They still get copies of it, and they might say, oh, 00:37:58.610 --> 00:37:59.410 we disagree with you. 00:37:59.410 --> 00:37:59.937 We don't... 00:37:59.937 --> 00:38:02.640 We think you need a survey before you issue that. 00:38:02.680 --> 00:38:06.850 And that's the thing where we're saying an extraordinary 00:38:06.850 --> 00:38:11.720 circumstance was found after the CDE was issued. 00:38:12.280 --> 00:38:14.480 We have to get that issue resolved before... 00:38:14.480 --> 00:38:16.520 For it to remain valid. 00:38:16.560 --> 00:38:18.880 SPEAKER: Would the Parks and Wildlife Department be 00:38:18.880 --> 00:38:22.360 given an opportunity to review projects for which 00:38:22.400 --> 00:38:26.560 applications for category exclusion have been submitted? 00:38:27.360 --> 00:38:29.480 I mean, would they even have an opportunity to provide 00:38:29.480 --> 00:38:33.320 a comment unless you were considering not issuing 00:38:33.320 --> 00:38:34.130 a category exclusion? 00:38:34.130 --> 00:38:36.400 SPEAKER: It would be a determination on our 00:38:36.400 --> 00:38:40.080 part whether we thought that should be required. 00:38:40.400 --> 00:38:46.320 And just like William said, if we think there's a chance 00:38:46.320 --> 00:38:49.560 they might require that, we may go ahead and tell you to go 00:38:49.560 --> 00:38:50.880 ahead and coordinate with them. 00:38:50.880 --> 00:38:52.560 We don't think that's likely. 00:38:52.560 --> 00:38:55.800 We may not require that, but like I said, we send them 00:38:55.800 --> 00:39:01.867 copies immediately, and if they respond that they disagree that 00:39:01.867 --> 00:39:04.296 they shouldn't get a CDE until that survey's been issued, 00:39:04.296 --> 00:39:10.583 then we can hold off until the survey's been issued. 00:39:10.583 --> 00:39:14.160 SPEAKER: So, following up on that same question, so 00:39:14.160 --> 00:39:18.880 when you get the CDE from the applicant, so you send 00:39:18.880 --> 00:39:23.120 it to all the agencies, you do your own due diligence on 00:39:23.120 --> 00:39:26.160 the CDE information that you've gotten from the applicant, 00:39:26.600 --> 00:39:31.440 and then you decide maybe there needs to be some follow-up with 00:39:31.440 --> 00:39:34.880 either Fish and Wildlife or THC or things like that. 00:39:35.160 --> 00:39:36.480 Do you send those out? 00:39:36.520 --> 00:39:37.900 SPEAKER: We don't send them to them. 00:39:37.900 --> 00:39:43.400 If we can't, from our desktop analysis, make a determination 00:39:43.400 --> 00:39:47.600 that we're comfortable with, we just say, tell these guys, 00:39:47.600 --> 00:39:51.380 and whatever they say is what we will need to make sure happens, 00:39:51.380 --> 00:39:55.289 and we will commission the CDE to complete their requirement. 00:39:55.289 --> 00:39:58.790 SPEAKER: So, if the applicant's responsibility to coordinate 00:39:58.790 --> 00:40:02.590 with the required regulatory agency, we review the project, 00:40:02.590 --> 00:40:05.310 say, it looks like it, but there might be an issue 00:40:05.310 --> 00:40:07.977 here, just to double check, coordinating with these guys. 00:40:07.977 --> 00:40:11.603 So, in that case, the applicant takes on the responsibility of 00:40:11.603 --> 00:40:15.150 coordination and then responds to us with what that regulatory 00:40:15.150 --> 00:40:16.430 agency has to say. 00:40:16.430 --> 00:40:17.920 SPEAKER: At the CDE level? 00:40:17.920 --> 00:40:18.310 SPEAKER: Yes. 00:40:22.070 --> 00:40:27.515 SPEAKER: We're talking CDE for state and federal, and then we 00:40:27.515 --> 00:40:34.070 jump to the new clean water and drinking water federal. 00:40:34.710 --> 00:40:37.670 What happens to the mid-level reform? 00:40:38.230 --> 00:40:41.738 Have any of those instructions changed, or is state going to 00:40:41.738 --> 00:40:45.210 follow what we've already got for non-CDE projects? 00:40:45.210 --> 00:40:48.347 SPEAKER: The stable hasn't changed. 00:40:48.347 --> 00:40:49.289 It doest. 00:40:49.289 --> 00:40:52.803 The rules that describe what qualifies as a category for 00:40:52.803 --> 00:40:59.380 exclusion are much broader about what qualifies, what 00:40:59.380 --> 00:41:02.310 the concerns that have to be addressed, whereas for 00:41:02.310 --> 00:41:07.860 federal, it's a lot more specific, and it has to show 00:41:07.860 --> 00:41:11.916 compliance with the National Environmental Policy Act. 00:41:11.916 --> 00:41:15.663 SPEAKER: So, there's nothing to do now, because they don't 00:41:15.663 --> 00:41:21.196 have three levels, CDE, what's called mid-level, and EID? 00:41:21.196 --> 00:41:23.920 The mid-level is only for states, right? 00:41:23.920 --> 00:41:24.628 SPEAKER: Yes, for states. 00:41:24.628 --> 00:41:28.060 So, now you have three levels for states. 00:41:28.060 --> 00:41:28.447 SPEAKER: Correct. 00:41:28.447 --> 00:41:32.709 However, an EID is not a state level through a document. 00:41:32.709 --> 00:41:33.637 An EID only attracts... 00:41:33.637 --> 00:41:34.333 SPEAKER: Whatever you call it. 00:41:34.333 --> 00:41:34.333 (INAUDIBLE) 00:41:34.564 --> 00:41:36.942 SPEAKER: You call it the mid-level. 00:41:36.942 --> 00:41:40.100 Well, we're encouraging people just to do 00:41:40.100 --> 00:41:44.453 the environmental data form, or the EDF, for states. 00:41:44.453 --> 00:41:47.100 And that's all the information. 00:41:47.100 --> 00:41:50.220 It's the same information you'd be providing, basically, in 00:41:50.220 --> 00:41:53.060 an environmental assessment, just in a more technical form. 00:41:53.060 --> 00:41:56.260 SPEAKER: And we can review what an EDF is at the end of 00:41:56.260 --> 00:41:57.230 my section, if you'd like. 00:41:57.230 --> 00:41:59.620 We have a couple of supplementary slides that 00:42:00.380 --> 00:42:04.300 describe what an EDF is, and also comparing 00:42:04.300 --> 00:42:08.340 the timeline of state versus federal, and what's required 00:42:08.700 --> 00:42:10.100 for each type of funding. 00:42:10.500 --> 00:42:12.440 SPEAKER: I should say for everybody that doesn't 00:42:12.440 --> 00:42:13.620 know me, I'm a cowhand. 00:42:13.620 --> 00:42:15.580 I'm an environmental lead. 00:42:15.580 --> 00:42:18.700 That's why I'm jumping in here. 00:42:18.700 --> 00:42:22.327 So, any questions that you have? 00:42:22.327 --> 00:42:23.621 SPEAKER: Well, I hope that will be enough. 00:42:23.621 --> 00:42:24.760 You can cover that. 00:42:25.300 --> 00:42:30.127 So, the mid-level view varies 100% between who the reviewer 00:42:30.127 --> 00:42:33.807 is, and I'm sure you all. 00:42:33.807 --> 00:42:38.420 SPEAKER: Well, I'm Jennifer Kennedy, and I used to be 00:42:38.420 --> 00:42:41.620 the environmental team lead, and since then, I'm now 00:42:41.660 --> 00:42:43.907 a management analyst at the Water Development Board. 00:42:43.907 --> 00:42:47.770 When we created the mid-level review for the state processes, 00:42:47.770 --> 00:42:51.660 the idea was that a lot of our projects, just by nature, are 00:42:51.660 --> 00:42:52.750 pretty low in impact. 00:42:52.750 --> 00:42:55.570 And we have a lot more flexibility on how we implement 00:42:55.570 --> 00:42:56.903 things on the state side. 00:42:56.903 --> 00:43:01.610 So, we said, well, let's create this form, this mid-level review 00:43:01.650 --> 00:43:05.140 that's going to capture 95% of the projects that run through 00:43:05.140 --> 00:43:10.210 here, and if the regulatory agencies prior back and were 00:43:10.210 --> 00:43:12.450 looking through the agency coordination, and all of 00:43:12.450 --> 00:43:15.850 the regulatory agencies seemed extremely concerned, then that 00:43:15.850 --> 00:43:19.650 would be a time where we would be discussing whether or not 00:43:19.650 --> 00:43:21.797 an additional level of review would be required. 00:43:21.797 --> 00:43:25.130 So, the idea is that that mid-level review is going to 00:43:25.130 --> 00:43:30.170 be applied to all projects that don't qualify for categorical 00:43:30.170 --> 00:43:33.370 exclusion, and only in circumstances where there seems 00:43:33.370 --> 00:43:36.610 to be profound impacts, that we would add an additional level 00:43:36.610 --> 00:43:37.770 of review on to it. 00:43:39.570 --> 00:43:40.583 SPEAKER: Thank you, Kathy. 00:43:40.583 --> 00:43:43.803 SPEAKER: I have another question. 00:43:43.803 --> 00:43:47.490 So, would, I assume the applicant would 00:43:47.490 --> 00:43:58.040 have the option of Absolutely (INAUDIBLE) 00:44:01.010 --> 00:44:06.130 SPEAKER: Absolutely, that's going to help 00:44:06.170 --> 00:44:11.410 and make the process faster and easier for both sides. 00:44:11.410 --> 00:44:13.330 That's a good thing to do. 00:44:17.810 --> 00:44:22.010 I was talking about the proposed amendments that we are going to 00:44:22.010 --> 00:44:23.370 have for TAG rules. 00:44:23.370 --> 00:44:25.690 And just I want to let you know that those 00:44:25.690 --> 00:44:28.210 are not in effect yet. 00:44:28.890 --> 00:44:32.290 We have submitted to the state register for 00:44:32.290 --> 00:44:35.677 public comment, and we haven't get any comment yet. 00:44:35.677 --> 00:44:39.890 So, at this point, we anticipate that it can 00:44:39.930 --> 00:44:41.290 be in effect by July. 00:44:45.090 --> 00:44:48.930 Any more questions, any comments, or anything that 00:44:49.040 --> 00:44:52.914 we would like to provide to this discussion? 00:44:52.914 --> 00:45:05.322 SPEAKER: (INAUDIBLE) 00:45:05.322 --> 00:45:08.120 SPEAKER: Thank you. 00:45:09.680 --> 00:45:11.600 I know there is. 00:45:11.600 --> 00:45:13.800 I feel like you are filling that gap. 00:45:13.800 --> 00:45:15.623 What happened with the mid-level review? 00:45:15.623 --> 00:45:19.240 But I just want to explain, we would like to determine 00:45:19.240 --> 00:45:21.724 if the project qualifies for our categorical international 00:45:21.724 --> 00:45:23.280 effect for state programs. 00:45:23.640 --> 00:45:27.600 And if not, you are going to provide us the environmental 00:45:27.600 --> 00:45:30.200 data form, and we are going to get that information 00:45:30.240 --> 00:45:35.000 and see what level of agency coordination we need to do 00:45:35.040 --> 00:45:35.880 for the project. 00:45:42.840 --> 00:45:45.760 If not, we are going to take a five-minute break and come 00:45:45.760 --> 00:45:48.350 back for Gene's section. 00:45:48.750 --> 00:45:49.310 Thank you. 00:53:16.710 --> 00:53:46.711 SPEAKER: (BACKGRAUND CONVERSATION) 00:53:52.068 --> 00:53:52.070 JEAN DEVLIN: Alright guys, I think we gonna go ahead 00:53:52.070 --> 00:53:52.070 and get started with part C of our presentation. 00:53:52.070 --> 00:53:54.230 So, again, my name is Jean Devlin, I'm an environmental 00:53:54.230 --> 00:53:56.710 reviewer at the Texas Water Development Board, and I'll be 00:53:56.710 --> 00:54:00.030 presenting the environmental information document component 00:54:00.030 --> 00:54:01.370 of this presentation. 00:54:01.370 --> 00:54:06.390 We'll review the federal environmental review process, 00:54:06.390 --> 00:54:10.750 describe the responsibilities on our half, and then also 00:54:10.750 --> 00:54:15.230 the responsibilities on your half, and then we'll go over 00:54:15.270 --> 00:54:16.750 the new EID. 00:54:16.750 --> 00:54:20.297 So, and does everyone have a copy of the new EID? 00:54:20.297 --> 00:54:23.590 We had printed out some copies, so if you wanted to go through 00:54:23.590 --> 00:54:27.470 the whole form and have any specific questions, then we can 00:54:27.470 --> 00:54:28.910 do that at the very end. 00:54:31.045 --> 00:54:34.340 SPEAKER: OK, so before we get into it entirely, we wanted 00:54:34.340 --> 00:54:42.833 to give you some definitions and also review the applicant 00:54:42.833 --> 00:54:45.660 requirements for a full NEPA-like review and then 00:54:45.660 --> 00:54:48.633 the Texas Water Development Board requirements for a full 00:54:48.633 --> 00:54:49.998 NEPA-like review. 00:54:49.998 --> 00:54:53.900 So the Environmental Information Document is 00:54:53.900 --> 00:54:56.740 the applicant requirement for a full NEPA-like review. 00:54:56.980 --> 00:55:00.020 And it's essentially a written analysis that's prepared by 00:55:00.020 --> 00:55:03.940 the applicant that provides us with sufficient information 00:55:03.940 --> 00:55:08.300 to determine and justify that either, one, the project will 00:55:08.300 --> 00:55:11.460 not have significant impact on the human environment, 00:55:11.460 --> 00:55:14.300 or two, the preparation of an environmental impact 00:55:14.300 --> 00:55:15.580 assessment is required. 00:55:15.580 --> 00:55:18.580 And the preparation of an EIS is required under 00:55:18.620 --> 00:55:20.140 certain circumstances. 00:55:20.860 --> 00:55:23.660 I also wanted to point out that human environment is 00:55:23.660 --> 00:55:25.740 technically everything. 00:55:25.780 --> 00:55:29.340 It's all of Earth, all potential resources that could 00:55:29.340 --> 00:55:30.990 be potentially impacted. 00:55:30.990 --> 00:55:35.730 And a finding of no significant impact and environmental 00:55:35.730 --> 00:55:38.850 assessment are Texas Water Development Board requirements 00:55:38.890 --> 00:55:40.330 for a NEPA-like review. 00:55:40.570 --> 00:55:44.330 So a Finding of No Significant Impact, or FNSI, 00:55:44.330 --> 00:55:48.250 is a legal binding document that's issued by the Texas 00:55:48.250 --> 00:55:51.370 Water Development Board, and it presents the reasons 00:55:51.370 --> 00:55:54.450 why an action will not have significant impact on 00:55:54.450 --> 00:55:55.570 the human environment. 00:55:55.570 --> 00:55:59.330 It must also be supported by an environmental assessment. 00:55:59.330 --> 00:56:00.970 And that's something that we draft. 00:56:02.050 --> 00:56:04.490 And we'll discuss environmental assessment 00:56:04.770 --> 00:56:07.650 on your behalf a little bit later and the reasons why 00:56:07.650 --> 00:56:11.259 we're no longer accepting them for Clean Water State 00:56:11.259 --> 00:56:13.010 Revolving Fund projects. 00:56:13.010 --> 00:56:15.970 And the environmental assessment that we draft 00:56:16.010 --> 00:56:18.690 is based on the EID that's submitted by the applicant. 00:56:18.890 --> 00:56:21.930 So it's an analysis that provides sufficient evidence 00:56:21.930 --> 00:56:24.170 for determining whether or not the preparation of 00:56:24.170 --> 00:56:28.490 an EIS is required or if we can issue a FNSI. 00:56:28.490 --> 00:56:31.730 And it also includes details about the project, 00:56:31.770 --> 00:56:34.610 the alternatives that are being considered, the environment 00:56:34.610 --> 00:56:38.400 in which the project is located in, any regulatory 00:56:38.400 --> 00:56:42.890 agency recommendations, public participation which our public 00:56:42.890 --> 00:56:44.690 participation requirements have recently changed, 00:56:46.810 --> 00:56:50.570 and any mitigation measures that you are considering to 00:56:50.610 --> 00:56:53.650 deem the project's impacts insignificant. 00:56:57.610 --> 00:57:01.690 So, in the Texas Administrative Code, Title 31, Part 10, we 00:57:01.690 --> 00:57:06.170 have all of the Texas Water Development Board regulations. 00:57:07.250 --> 00:57:12.090 And under Chapter 371, we have the Drinking Water 00:57:12.090 --> 00:57:14.450 State Revolving Fund Rules. 00:57:14.450 --> 00:57:18.690 And under Chapter 375, we have the Clean Water State 00:57:18.690 --> 00:57:19.597 Revolving Fund Rules. 00:57:19.597 --> 00:57:22.810 And the Drinking Water program is specifically for 00:57:22.970 --> 00:57:24.450 drinking water programs. 00:57:24.490 --> 00:57:26.810 The Clean Water is for wastewater projects. 00:57:26.970 --> 00:57:29.760 And we're not going to go into detail over this, 00:57:29.760 --> 00:57:31.920 but I just wanted to make you aware of where 00:57:31.920 --> 00:57:33.520 the regulations are located. 00:57:33.520 --> 00:57:36.760 And if you're interested in reading more about what 00:57:36.760 --> 00:57:39.680 exactly is required, then you can reference this. 00:57:42.600 --> 00:57:45.680 And because of the Water Resources Reform 00:57:45.680 --> 00:57:50.400 and Development Act or WRRDA of 2014, there is no longer 00:57:50.440 --> 00:57:54.280 a difference in environmental review for clean water state 00:57:54.280 --> 00:57:57.680 revolving fund equivalency and non-equivalency projects. 00:57:57.720 --> 00:58:01.360 So previously, an environmental assessment was accepted. 00:58:01.520 --> 00:58:04.800 But now we're going to require the submission of 00:58:04.800 --> 00:58:06.800 an EID for both projects. 00:58:09.440 --> 00:58:14.200 So sometimes a project qualifies, it needs an EID 00:58:14.200 --> 00:58:15.240 and sometimes it doesn't. 00:58:15.240 --> 00:58:18.400 And I figured it might be better if we discuss when 00:58:18.440 --> 00:58:20.027 an EID is not required. 00:58:20.027 --> 00:58:23.760 So it's not required if the project is eligible 00:58:23.760 --> 00:58:25.680 for a categorical exclusion. 00:58:25.840 --> 00:58:29.640 So William described the circumstances under which 00:58:29.680 --> 00:58:32.400 a project might qualify for a categorical exclusion, in 00:58:32.400 --> 00:58:34.430 which case you will not need to provide an EID. 00:58:35.370 --> 00:58:39.960 If the project has potentially significant adverse impacts 00:58:40.280 --> 00:58:44.320 and it requires the preparation of an EIS, then you would not 00:58:44.320 --> 00:58:45.640 need to do the EID. 00:58:45.640 --> 00:58:49.840 So the EIS sort of supersedes the need for that, and it 00:58:49.840 --> 00:58:52.600 would provide more detailed information on the project. 00:58:53.480 --> 00:58:58.720 And usually, an EIS is only required on large-scale projects 00:58:58.720 --> 00:59:03.240 like reservoir projects or interbasin transfer projects. 00:59:03.240 --> 00:59:10.680 And an EIS would be required by the USACE or US 00:59:10.680 --> 00:59:11.880 Army Corps of Engineers. 00:59:12.240 --> 00:59:15.200 And so we would just adopt their finding based 00:59:15.200 --> 00:59:17.787 off of the document that you prepare for them. 00:59:17.787 --> 00:59:21.920 If the applicant prepares and submits a draft EIS 00:59:21.920 --> 00:59:24.870 and supporting documents, you do not need to provide an EID. 00:59:26.910 --> 00:59:30.070 If a federal agency had previously issued a FNSI or 00:59:30.070 --> 00:59:32.870 a record of determination that's in compliance with 00:59:32.870 --> 00:59:36.510 NEPA, that was completed for the project within five years, 00:59:36.790 --> 00:59:39.817 and also meets the Texas Water Development Board program 00:59:39.817 --> 00:59:42.537 requirements, then an EID wouldn't be required. 00:59:42.537 --> 00:59:46.230 And then finally, if a project is funded through state 00:59:46.230 --> 00:59:49.603 funding, then you do not need to prepare an EID. 00:59:49.603 --> 00:59:51.750 You would prepare a different form for that. 00:59:51.790 --> 00:59:54.710 And that's an EDF or environmental data form. 00:59:54.910 --> 00:59:57.830 And we can go over that at the end of the presentation 00:59:57.870 --> 01:00:03.870 and describe how the steps vary on the state level 01:00:03.870 --> 01:00:05.190 versus the federal level. 01:00:07.030 --> 01:00:08.830 So why the change? 01:00:08.990 --> 01:00:12.941 Why did we decide to make a new EID? 01:00:12.941 --> 01:00:16.030 Firstly, it clarifies the requirements on 01:00:16.030 --> 01:00:17.150 the behalf of the client. 01:00:17.190 --> 01:00:21.430 So we are asking for some very specific information. 01:00:21.430 --> 01:00:24.420 And previously, there were two general guidance documents 01:00:24.420 --> 01:00:27.100 that were available, one for the Clean Water and one for 01:00:27.100 --> 01:00:27.949 the Drinking Water. 01:00:27.949 --> 01:00:30.753 So now there's no longer a general guidance document. 01:00:30.753 --> 01:00:34.380 The form is the guidance document. 01:00:34.660 --> 01:00:38.400 And so here you can see a picture of two EIDs 01:00:38.400 --> 01:00:41.300 that were given to us. 01:00:41.940 --> 01:00:46.020 And one is slightly smaller than the other. 01:00:46.020 --> 01:00:49.700 Not necessarily a bad thing, but it just sort of shows that 01:00:49.940 --> 01:00:54.700 the level of information that's been provided has either been 01:00:55.020 --> 01:00:58.900 somewhat insufficient, or we've been given more than enough 01:00:58.900 --> 01:01:01.740 information that goes above and beyond our requirements. 01:01:01.740 --> 01:01:08.460 So we're trying to make it a little bit easier on you so 01:01:08.460 --> 01:01:11.620 you understand what exactly is required on your behalf. 01:01:11.620 --> 01:01:15.073 And you don't have to provide additional information. 01:01:15.073 --> 01:01:21.940 So it also satisfies the level of environmental analysis that's 01:01:22.140 --> 01:01:25.860 commensurate with the potential impacts of the project. 01:01:25.860 --> 01:01:29.060 Within the EID, we have an environmental analysis 01:01:29.060 --> 01:01:32.767 section where you describe the impacts of the no-action 01:01:32.767 --> 01:01:35.060 alternative, and you also describe the impacts of 01:01:35.100 --> 01:01:37.180 an alternative that was not selected. 01:01:37.540 --> 01:01:39.540 And then you also provide information for your 01:01:39.540 --> 01:01:42.260 preferred alternative and describe why you chose 01:01:42.260 --> 01:01:43.673 that preferred alternative. 01:01:43.673 --> 01:01:47.460 This new form also helps you determine when agency 01:01:47.460 --> 01:01:48.900 coordination is required. 01:01:49.220 --> 01:01:53.260 So at the end, it has a checklist that helps you 01:01:53.260 --> 01:01:57.140 determine whether or not you need to coordinate with the US 01:01:57.140 --> 01:02:00.500 Department of Agriculture or the General Land Office. 01:02:00.500 --> 01:02:06.460 Some of the other agencies may not necessarily need to be 01:02:06.700 --> 01:02:08.873 contacted for every project. 01:02:08.873 --> 01:02:12.380 And it might just be specific to that project. 01:02:12.900 --> 01:02:15.580 And again, this form avoids requesting 01:02:15.620 --> 01:02:17.100 unnecessary information. 01:02:17.100 --> 01:02:19.940 So it's going to reduce the preparation time on 01:02:19.940 --> 01:02:23.530 the applicant side, and then also reduce the review time on 01:02:23.530 --> 01:02:26.130 the Texas Water Development Board side because we'll be 01:02:26.130 --> 01:02:29.170 able to clearly see whether or not there's information 01:02:29.170 --> 01:02:31.810 missing, and we'll be able to request supplementary 01:02:32.250 --> 01:02:34.690 materials if that's necessary. 01:02:37.050 --> 01:02:39.690 So how has the EID changed? 01:02:39.690 --> 01:02:41.610 It's one form. 01:02:41.650 --> 01:02:44.948 Like I said before, it will be used for both the Clean Water 01:02:44.948 --> 01:02:48.284 and the Drinking Water State Revolving Fund programs. 01:02:48.284 --> 01:02:52.330 It's now a fillable template, so there is no 01:02:52.330 --> 01:02:53.610 general guidance document. 01:02:53.610 --> 01:02:57.250 You'll just refer to this particular template and provide 01:02:57.250 --> 01:03:00.303 us with a copy of that completed for your specific project. 01:03:00.303 --> 01:03:05.930 It also clarifies the required information instead of just 01:03:05.930 --> 01:03:09.690 giving general examples that were provided in the general 01:03:09.690 --> 01:03:13.130 guidance document and saying, we need information on this 01:03:13.130 --> 01:03:15.530 resource, this resource, and this resource, we're asking 01:03:15.530 --> 01:03:18.810 for very specific information for very specific resources. 01:03:20.930 --> 01:03:24.157 A public meeting is now required instead of a public hearing. 01:03:24.157 --> 01:03:28.810 So the requirements for a public meeting aren't 01:03:28.850 --> 01:03:32.130 nearly as stringent as those for a public hearing. 01:03:32.770 --> 01:03:34.850 And we'll sort of go over the requirements for 01:03:34.850 --> 01:03:36.250 a public meeting later on. 01:03:36.650 --> 01:03:39.570 And also for cross-cutter compliance, it will 01:03:39.610 --> 01:03:42.490 identify when agency coordination is required. 01:03:45.050 --> 01:03:50.930 So we wanted to give you some advice on how to ensure that 01:03:50.930 --> 01:03:54.143 your environmental review process goes smoothly. 01:03:54.143 --> 01:03:58.890 Firstly, you need to provide a project description that 01:03:58.890 --> 01:04:01.850 includes a bulleted list of the project components. 01:04:02.010 --> 01:04:05.610 So sometimes people interchange the purpose 01:04:05.610 --> 01:04:08.810 and need of the project with a project description. 01:04:09.330 --> 01:04:12.970 The project description is where you say what 01:04:13.010 --> 01:04:14.330 exactly you're doing. 01:04:14.490 --> 01:04:18.320 We are planning on building a new wastewater treatment 01:04:18.320 --> 01:04:23.400 facility in the northwest corner of the city versus we need 01:04:23.400 --> 01:04:27.080 this because our population is increasing and we need to be 01:04:27.080 --> 01:04:28.840 able to service a larger area. 01:04:29.000 --> 01:04:31.000 That would be describing the purpose and need of 01:04:31.000 --> 01:04:32.027 the project. 01:04:32.027 --> 01:04:36.760 Provide all of the environmental documentation in a timely 01:04:36.760 --> 01:04:40.200 manner, and this includes agency coordination and any 01:04:40.200 --> 01:04:42.880 recommendations that you receive from those agencies. 01:04:42.880 --> 01:04:46.187 So the faster that we can get that sort of information, 01:04:46.853 --> 01:04:50.640 the sooner we can move along with our review process. 01:04:51.760 --> 01:04:54.880 Respond to comments and questions quickly within 01:04:54.880 --> 01:04:57.520 the deadline that's assigned by the environmental reviewer. 01:04:57.640 --> 01:05:00.280 So usually, if we have any comments or questions, 01:05:00.280 --> 01:05:05.680 we'll email you and ask you to respond within 14 days. 01:05:06.200 --> 01:05:11.680 So if at any point that's not feasible, like if you 01:05:11.920 --> 01:05:15.280 still need to coordinate with another agency, then just 01:05:15.320 --> 01:05:18.350 notify your environmental reviewer and let them know this 01:05:18.350 --> 01:05:21.430 is the anticipated date that we might have this information 01:05:21.430 --> 01:05:24.070 available to give to you, and then you can work with 01:05:24.070 --> 01:05:27.670 your environmental reviewer to continue along with our 01:05:27.670 --> 01:05:29.150 internal review process. 01:05:29.910 --> 01:05:33.950 And please notify us if the project footprint or 01:05:33.950 --> 01:05:35.390 the components have changed. 01:05:35.630 --> 01:05:39.070 I know projects change pretty quickly, and it might 01:05:39.070 --> 01:05:43.430 be one alignment one week and three completely different 01:05:43.430 --> 01:05:45.217 alignments in the next week. 01:05:45.217 --> 01:05:50.070 Once you have a very good idea of your alternatives, just 01:05:50.070 --> 01:05:52.870 provide all of the alternatives that are being considered for 01:05:52.870 --> 01:05:53.390 the project. 01:05:53.430 --> 01:05:57.630 It's better to get clearance for a more broad scope than 01:05:57.630 --> 01:06:00.683 to assume that you're going with one particular alternative 01:06:00.683 --> 01:06:03.430 and then end up choosing a separate alternative at 01:06:03.430 --> 01:06:05.750 the end and having to go through the whole environmental 01:06:05.750 --> 01:06:10.790 review process again, because our clearance is for a very 01:06:10.790 --> 01:06:14.390 specific project and a very specific location with 01:06:14.550 --> 01:06:17.550 very specific construction techniques and whatnot. 01:06:18.950 --> 01:06:21.670 So if that changes, then it can delay the whole review 01:06:21.670 --> 01:06:24.510 process, and we definitely don't want that to happen. 01:06:24.510 --> 01:06:28.270 So open communication is very important. 01:06:28.270 --> 01:06:33.470 Publish notification of your meeting at least 30 days prior 01:06:33.470 --> 01:06:36.990 to the meeting, and a newspaper within general circulation in 01:06:36.990 --> 01:06:38.190 the project area. 01:06:38.790 --> 01:06:40.550 30 days is very important. 01:06:40.590 --> 01:06:42.137 It can't be 29 days. 01:06:42.137 --> 01:06:45.050 And if for any reason you accidentally miscalculate, 01:06:45.050 --> 01:06:48.150 and sometimes it happens, we understand that. 01:06:48.150 --> 01:06:50.550 But give yourself a little bit of a buffer. 01:06:50.990 --> 01:06:55.083 It's one of those laws that we have to hold ourselves to. 01:06:55.083 --> 01:06:57.270 It's not necessarily a choice. 01:06:57.310 --> 01:06:59.070 It's a requirement. 01:07:00.310 --> 01:07:03.950 And also for your public meeting, collect all 01:07:03.950 --> 01:07:07.230 the public meeting documentation that's required. 01:07:07.270 --> 01:07:09.270 So that includes a publisher's affidavit 01:07:09.270 --> 01:07:12.653 and a copy of the public meeting notice, a statement 01:07:12.653 --> 01:07:15.940 signed by the applicant, a list of witnesses which 01:07:15.940 --> 01:07:19.140 could just be a sign-in sheet, and a written summary. 01:07:20.460 --> 01:07:25.600 And here is the link for the new EID template. 01:07:25.600 --> 01:07:30.700 So there is text that's highlighted in yellow. 01:07:30.980 --> 01:07:34.513 And that text is something that can be edited. 01:07:34.513 --> 01:07:40.593 So this is a partially secured document and everything else. 01:07:40.593 --> 01:07:44.500 The general information that's provided at the very beginning 01:07:44.500 --> 01:07:47.580 of the document is really just for some extra clarification. 01:07:47.780 --> 01:07:52.700 It describes the general timeline for the EID, when you 01:07:52.700 --> 01:07:58.220 should expect response from an environmental reviewer, or 01:07:58.260 --> 01:08:00.940 how long you think this whole process might take. 01:08:01.740 --> 01:08:03.740 It also describes the differences between 01:08:03.740 --> 01:08:07.113 direct, secondary, or cumulative impacts. 01:08:07.113 --> 01:08:13.287 And we'll discuss those a little bit later on getting into that. 01:08:13.287 --> 01:08:18.780 So William described the application phase 01:08:18.820 --> 01:08:22.900 and the state environmental review process, and we're 01:08:22.900 --> 01:08:26.100 going to move into the federal environmental review process. 01:08:26.100 --> 01:08:29.287 So it starts out very much the same. 01:08:29.287 --> 01:08:32.940 An application is prepared and submitted to the Texas Water 01:08:32.940 --> 01:08:34.829 Development Board for review. 01:08:34.829 --> 01:08:38.220 And we determine the level of review required for 01:08:38.220 --> 01:08:39.900 each project component. 01:08:39.940 --> 01:08:43.380 So we evaluate the project schedule, the budget, any 01:08:43.380 --> 01:08:44.473 draft contracts. 01:08:44.473 --> 01:08:47.860 And then we prepare a commitment memo, and we send 01:08:47.860 --> 01:08:51.220 it to the board stating either we think that this qualifies 01:08:51.220 --> 01:08:55.980 for a CE or we think that we might need to do a full 01:08:55.980 --> 01:08:58.580 environmental review, in which case an environmental 01:08:58.580 --> 01:09:01.007 information document needs to be completed. 01:09:01.007 --> 01:09:04.060 And we move on from there. 01:09:05.060 --> 01:09:10.330 So here's the general timeline for a full federal 01:09:10.330 --> 01:09:11.450 environmental review. 01:09:11.970 --> 01:09:15.850 So you, as the applicant, would prepare the EID template, 01:09:15.850 --> 01:09:19.810 which includes filling out the form, completing the public 01:09:19.810 --> 01:09:23.930 participation and coordination with regulatory agencies or 01:09:23.930 --> 01:09:27.970 other interested parties, and also submit the EID to 01:09:27.970 --> 01:09:29.850 the Texas Water Development Board. 01:09:30.290 --> 01:09:33.650 From there, we receive the EID and review the document. 01:09:33.890 --> 01:09:36.090 We prepare a list of deficiencies and send 01:09:36.090 --> 01:09:37.370 the comments back to the client. 01:09:37.370 --> 01:09:39.890 And sometimes there aren't any deficiencies, in which 01:09:39.890 --> 01:09:41.250 case that's awesome. 01:09:41.290 --> 01:09:42.503 That's what we want. 01:09:42.503 --> 01:09:47.010 In the instance that we do need additional information to help 01:09:47.010 --> 01:09:54.230 us determine whether or not this project can have a FNSI issued, 01:09:54.230 --> 01:10:00.050 then we'll ask for supplementary materials and review those. 01:10:00.730 --> 01:10:02.343 From there, we issue a FNSI. 01:10:02.343 --> 01:10:05.326 So we will prepare the FNSI and the supporting EA. 01:10:05.326 --> 01:10:09.200 And then we'll route the draft throughout our team. 01:10:09.440 --> 01:10:12.080 So that includes the team manager, the engineer, 01:10:12.120 --> 01:10:13.640 the attorney, and the director. 01:10:14.480 --> 01:10:17.600 And then we'll make any requested revisions based off 01:10:17.600 --> 01:10:19.000 of the comments of the team. 01:10:19.480 --> 01:10:22.120 From there, we can issue the FNSI, and we'll mail 01:10:22.120 --> 01:10:25.720 that to regulatory agencies and other interested parties. 01:10:26.000 --> 01:10:28.320 We move into a public comment period, in which 01:10:29.080 --> 01:10:33.773 instance you'll have 30 days to comment on the FNSI. 01:10:33.773 --> 01:10:37.720 And then we need to go back to the board for affirmation. 01:10:37.840 --> 01:10:43.440 So it's basically stating, yes, you can release the acquisition 01:10:43.440 --> 01:10:46.640 design and construction funds because this project has 01:10:46.640 --> 01:10:50.000 undergone the environmental clearance that it needs to. 01:10:53.320 --> 01:10:56.400 So here we have the timeline shown in 01:10:56.400 --> 01:10:58.187 a slightly different way. 01:10:58.187 --> 01:11:02.040 So first you submit the application. 01:11:02.400 --> 01:11:06.120 Then the staff drafts the memo and provides that to the board. 01:11:06.880 --> 01:11:09.600 And then at the board meeting, you receive a loan commitment. 01:11:09.920 --> 01:11:15.880 And it's here that you make that distinction whether or not 01:11:15.920 --> 01:11:17.840 an affirmation is required. 01:11:17.880 --> 01:11:21.040 So an affirmation is not required for a CE or a FNSI 01:11:21.040 --> 01:11:24.640 that's issued before the loan commitment, but it is required 01:11:24.680 --> 01:11:28.587 if a CE or a FNSI is issued after the loan commitment. 01:11:28.587 --> 01:11:34.160 Then you move into the loan closing and the planning 01:11:34.200 --> 01:11:35.440 phase from there. 01:11:35.600 --> 01:11:38.000 And the environmental review process can happen 01:11:38.000 --> 01:11:42.040 anywhere between when you submit the application 01:11:42.040 --> 01:11:43.400 and the planning phase. 01:11:44.480 --> 01:11:47.120 Once the planning phase is complete, you can move on into 01:11:47.120 --> 01:11:49.391 your design construction phase. 01:11:49.391 --> 01:11:54.280 But funding can only be distributed during certain times 01:11:54.280 --> 01:11:56.160 within this whole process. 01:11:56.320 --> 01:11:59.800 So your first planning money is going to become available 01:11:59.960 --> 01:12:01.627 after the loan closing. 01:12:01.627 --> 01:12:06.350 And then from there, your design money will come 01:12:06.350 --> 01:12:08.150 in during the design phase, and construction 01:12:08.150 --> 01:12:10.310 money will come in during the construction phase. 01:12:10.350 --> 01:12:14.317 But really, your planning money or your... 01:12:14.317 --> 01:12:14.993 Excuse me. 01:12:14.993 --> 01:12:18.070 The design and construction funds cannot be released 01:12:18.070 --> 01:12:20.990 until the environmental review process is complete. 01:12:20.990 --> 01:12:24.790 And the environmental review process is rolled 01:12:24.790 --> 01:12:26.230 into the planning phase. 01:12:26.550 --> 01:12:30.510 So you can receive some money to do the environmental work 01:12:30.510 --> 01:12:32.710 that is necessary beforehand. 01:12:35.590 --> 01:12:41.070 So now we move into the review of the EID itself. 01:12:41.230 --> 01:12:45.470 This is just a general list of sections, and we'll go 01:12:45.470 --> 01:12:49.630 through these one by one, not necessarily hitting 01:12:49.630 --> 01:12:54.310 every page in its entirety, but really highlighting 01:12:54.350 --> 01:12:56.670 the key information that we're going to be looking for. 01:12:57.630 --> 01:13:01.005 So we'll start with Section 1, General Information. 01:13:01.005 --> 01:13:05.180 Much of this information is it's probably stuff 01:13:05.180 --> 01:13:08.780 that you had already given to us in your application. 01:13:09.460 --> 01:13:11.940 However, we want you to also provide it here in 01:13:11.940 --> 01:13:15.900 the general information section because the EID is a separate 01:13:15.900 --> 01:13:18.380 functioning document from the application that you're 01:13:18.380 --> 01:13:21.127 going to be making publicly available for comment. 01:13:21.127 --> 01:13:26.340 So you'll provide information on the authority, the Texas 01:13:26.340 --> 01:13:28.740 Water Development Board project number that was issued for 01:13:28.740 --> 01:13:31.660 the project, the name of the project and the counties in 01:13:31.660 --> 01:13:33.260 which the project is located. 01:13:33.260 --> 01:13:35.940 Sometimes this might be more than one county, 01:13:35.940 --> 01:13:37.260 and that's perfectly fine. 01:13:37.780 --> 01:13:39.140 And then from here, you'll provide other 01:13:39.140 --> 01:13:40.553 supplementary information. 01:13:40.553 --> 01:13:45.500 For the primary contact information, this is the person 01:13:45.500 --> 01:13:47.980 that the environmental reviewer is more than likely going to 01:13:47.980 --> 01:13:51.220 be contacting if they need any supplementary materials. 01:13:51.500 --> 01:13:54.660 So this person needs to be sure that they are available 01:13:54.660 --> 01:13:57.500 and capable of providing those additional materials. 01:13:57.620 --> 01:14:01.100 And if there's another person that can be contacted in 01:14:01.100 --> 01:14:03.820 the event that the primary contact is not reached, 01:14:04.780 --> 01:14:08.580 then you can provide that additional information below. 01:14:09.820 --> 01:14:13.100 We wanted to be sure that you know this template does not 01:14:13.100 --> 01:14:17.900 replace the necessity to submit a regulatory permit application 01:14:17.900 --> 01:14:21.540 to USACE or any other regulatory agencies when applicable. 01:14:21.940 --> 01:14:24.940 So projects that are funded through the Clean Water 01:14:24.940 --> 01:14:28.000 and the Drinking Water State Revolving Fund must comply with 01:14:28.000 --> 01:14:32.100 NEPA and EPA regulations because our money comes from EPA. 01:14:32.540 --> 01:14:35.020 So that's a requirement of theirs that we need to 01:14:35.060 --> 01:14:39.060 satisfy in order to give you your federal funds. 01:14:39.100 --> 01:14:42.540 So we're not overriding any agency's permitting 01:14:42.540 --> 01:14:43.393 requirements. 01:14:43.393 --> 01:14:46.740 We're going to be adopting their findings. 01:14:46.740 --> 01:14:49.980 If they say that you need to do something like do 01:14:49.980 --> 01:14:56.220 a migratory bird survey, or if you need to mitigate for 01:14:56.220 --> 01:15:00.260 a wetland loss, then those are things that we will adopt into 01:15:00.450 --> 01:15:04.610 our finding, and you'll be held to their recommendations. 01:15:05.210 --> 01:15:07.530 And again, acquisition, design, and construction 01:15:07.530 --> 01:15:11.370 funds cannot be released until environmental review has 01:15:11.370 --> 01:15:15.810 been complete and a favorable determination has been issued. 01:15:18.450 --> 01:15:21.810 So here in Section 2, we have our list of attachments. 01:15:21.970 --> 01:15:25.210 And this provides an overview of all of the maps that 01:15:25.850 --> 01:15:28.623 will be required for the completion of the EID. 01:15:28.623 --> 01:15:31.170 So essentially, this section serves as a table 01:15:31.170 --> 01:15:36.570 of contents for Section 9, which is the appendices. 01:15:36.850 --> 01:15:40.050 And that's where you'll attach all of your maps 01:15:40.330 --> 01:15:42.850 and coordination with your agencies. 01:15:42.850 --> 01:15:45.930 So here we just have the standard maps. 01:15:45.930 --> 01:15:49.130 We also have a whole bunch of other maps that may or 01:15:49.130 --> 01:15:52.757 may not be required based off of the project location. 01:15:52.757 --> 01:15:57.610 So we're going to go over a couple of examples of 01:15:57.610 --> 01:16:02.330 what a good map looks like just to give you a visual 01:16:02.330 --> 01:16:03.530 of what we're looking for. 01:16:03.570 --> 01:16:08.010 So in our first example, we have a regional location map. 01:16:08.650 --> 01:16:12.570 And here, the project area is clearly outlined in red. 01:16:13.090 --> 01:16:17.210 We see the counties are clearly labeled. 01:16:17.490 --> 01:16:20.930 We have a transportation layer so we can identify 01:16:20.970 --> 01:16:22.570 the adjacent roads. 01:16:22.570 --> 01:16:25.130 And if we need to look it up in Google Earth, then we 01:16:25.130 --> 01:16:28.490 can identify the project location quite clearly. 01:16:28.810 --> 01:16:33.130 And also up in the left-hand corner, you'll see state of 01:16:33.130 --> 01:16:36.130 Texas with a star on top of the county. 01:16:36.170 --> 01:16:40.010 So we have a general idea of what region this particular 01:16:40.010 --> 01:16:41.570 project is located in. 01:16:42.930 --> 01:16:46.743 It's also important to include a north arrow and a scale bar. 01:16:46.743 --> 01:16:49.352 Sometimes those things are left out. 01:16:49.352 --> 01:16:53.090 But if your project has an orientation on your 01:16:53.090 --> 01:16:56.250 map other than true north, that's important 01:16:56.250 --> 01:16:58.000 information for us to know. 01:17:01.080 --> 01:17:03.360 The second example that we have is of a USGS 01:17:03.400 --> 01:17:08.173 topographic map with planned improvements over Leon. 01:17:08.173 --> 01:17:12.200 So a USGS topographic map gives us some very 01:17:12.200 --> 01:17:13.560 important information. 01:17:13.600 --> 01:17:17.000 Not only does it provide streets and the topography of 01:17:17.000 --> 01:17:22.600 the area, but it also identifies cemeteries and wetlands, 01:17:22.800 --> 01:17:25.200 potentially jurisdictional waters of the US. 01:17:25.640 --> 01:17:28.520 So it gives us some really good contextual clues as to what's 01:17:28.520 --> 01:17:30.040 going on in that region. 01:17:32.360 --> 01:17:35.480 And our last example is of a floodplain map. 01:17:35.720 --> 01:17:39.760 So here we have the wastewater service area outlined. 01:17:40.240 --> 01:17:43.040 And all of the proposed improvements are clearly 01:17:43.040 --> 01:17:44.373 shown in the map. 01:17:44.373 --> 01:17:48.733 We have potentially jurisdictional waters, 01:17:48.733 --> 01:17:52.760 streams identified, and then the floodplain is included. 01:17:52.760 --> 01:17:56.910 And so we're able to clearly identify which 01:17:56.910 --> 01:17:59.630 portions of your project intersect the floodplain. 01:18:03.830 --> 01:18:06.430 So this is a continuation of the list of attachments. 01:18:06.430 --> 01:18:07.750 Some of these may be required. 01:18:07.750 --> 01:18:09.150 Some of them may not be required. 01:18:09.150 --> 01:18:11.377 It really just depends on the project. 01:18:11.377 --> 01:18:16.666 But for sensitive biological and cultural resources 01:18:16.666 --> 01:18:20.990 information, like location of archeological sites, location 01:18:20.990 --> 01:18:23.870 of endangered species, habitat, if we're working 01:18:23.870 --> 01:18:27.630 in karst regions, locations of caves, that's information 01:18:27.630 --> 01:18:30.310 that you do not want to include in the publicly 01:18:30.310 --> 01:18:32.652 available version of the EID. 01:18:32.652 --> 01:18:37.270 You don't necessarily want someone to attend the public 01:18:37.270 --> 01:18:41.670 meeting, read the EID, realize that this sensitive information 01:18:41.670 --> 01:18:44.830 has been included,and then go explore it the next day. 01:18:46.030 --> 01:18:48.990 People are curious, and so we just want to be respectful of 01:18:48.990 --> 01:18:51.350 that sensitive information and be sure that it doesn't 01:18:51.350 --> 01:18:52.910 fall into the wrong hands. 01:18:56.470 --> 01:18:59.670 So in Section 3, we begin to describe the project. 01:18:59.950 --> 01:19:02.590 So you'll provide some general background 01:19:02.590 --> 01:19:03.950 information on the project. 01:19:03.950 --> 01:19:07.750 You can describe the existing system, or if it's a brand 01:19:07.750 --> 01:19:10.910 new project, then you can describe the proposed system. 01:19:11.550 --> 01:19:14.910 You'll give the project location and provide the latitude 01:19:14.910 --> 01:19:16.510 and longitude of the project. 01:19:16.630 --> 01:19:21.550 If the project is, say, within an entire county, you want 01:19:21.590 --> 01:19:25.097 clearance for a county, just provide the central point 01:19:25.097 --> 01:19:27.270 where the project is located. 01:19:28.310 --> 01:19:32.190 Describe why the project is needed and how that project 01:19:32.190 --> 01:19:34.950 addresses that need in the purpose and need section. 01:19:35.350 --> 01:19:37.230 And then in the project description, you'll 01:19:37.230 --> 01:19:40.190 describe the project in very specific terms. 01:19:40.550 --> 01:19:43.710 So again, we want to construct a new wastewater treatment 01:19:43.710 --> 01:19:47.700 plant in the northwest corner of the city, or we want to 01:19:47.700 --> 01:19:51.950 upgrade 10,000 linear feet of existing pipelines because 01:19:51.950 --> 01:19:55.060 they're failing, those would be good examples of good 01:19:55.060 --> 01:19:56.340 project descriptions. 01:19:57.780 --> 01:19:59.900 In the form, you'll indicate whether or not the project 01:19:59.940 --> 01:20:03.340 requires sludge, soil, or waste disposal. 01:20:03.900 --> 01:20:06.500 And you'll also provide a bulleted list of 01:20:06.500 --> 01:20:07.500 project components. 01:20:07.500 --> 01:20:12.220 So we're installing 1,000 linear feet of a new six-inch pipeline 01:20:12.220 --> 01:20:13.580 in an existing right of way. 01:20:13.580 --> 01:20:18.540 Or we're planning on installing 20 new fire 01:20:18.540 --> 01:20:21.340 hydrants throughout the city, and you'll show the locations 01:20:21.340 --> 01:20:23.000 of those fire hydrants on a map that you provide. 01:20:25.500 --> 01:20:27.900 Within the project magnitude, you'll describe the current 01:20:27.900 --> 01:20:31.940 population in the service area, the anticipated population in 01:20:31.940 --> 01:20:35.300 the service area in 20 years, and whether or not the project 01:20:35.300 --> 01:20:38.740 is going to serve that expected population increase. 01:20:38.780 --> 01:20:43.020 So the project is designed for year X, and it's designed 01:20:43.020 --> 01:20:46.680 to serve a population of Y, essentially. 01:20:46.680 --> 01:20:51.540 Within this section, there's certain components 01:20:51.540 --> 01:20:54.420 of a project schedule that are being requested. 01:20:54.420 --> 01:20:57.620 Just provide all applicable elements of the project 01:20:57.620 --> 01:20:58.660 schedule listed. 01:20:59.340 --> 01:21:02.020 Provide an estimated cost of the project. 01:21:02.300 --> 01:21:04.900 This could either be the total loan amount that you're 01:21:04.900 --> 01:21:07.940 asking for through the Texas Water Development Board, or 01:21:07.980 --> 01:21:10.100 if you've received additional funding, it's going to be 01:21:10.100 --> 01:21:11.660 the combination of the two. 01:21:12.820 --> 01:21:15.540 And then describe any other projects in progress that might 01:21:15.540 --> 01:21:17.540 affect the proposed project. 01:21:17.580 --> 01:21:21.180 So if TxDOT is proposing to build a road that's 50ft 01:21:21.180 --> 01:21:23.420 away from your project, that's probably something 01:21:23.420 --> 01:21:24.500 that you want to note. 01:21:27.100 --> 01:21:30.420 In Section 4, we move into our alternatives analysis. 01:21:30.660 --> 01:21:32.740 So again, at the very beginning of the document, we 01:21:32.740 --> 01:21:36.967 describe what direct impacts, secondary or indirect impacts 01:21:36.967 --> 01:21:38.940 are, and cumulative impacts. 01:21:39.300 --> 01:21:42.620 So direct impacts on the environment are 01:21:42.620 --> 01:21:45.540 the effects on the environment that occur at the same time 01:21:45.940 --> 01:21:47.780 and place as the project. 01:21:47.820 --> 01:21:51.730 This is not just the engineering and financial components. 01:21:51.850 --> 01:21:54.890 It also includes impacts to, say, a stream. 01:21:58.090 --> 01:22:01.210 SPEAKER: Secondary impacts or indirect impacts are the effects 01:22:01.210 --> 01:22:04.050 on the environment and natural resources that are more removed 01:22:04.050 --> 01:22:06.730 from time and distance from the project construction 01:22:06.730 --> 01:22:07.810 and operation activities. 01:22:07.810 --> 01:22:09.810 So, those are things that sort of happen 01:22:09.810 --> 01:22:11.010 later on down the road. 01:22:12.010 --> 01:22:15.570 And the cumulative impacts, the effects that result from 01:22:15.570 --> 01:22:18.970 the project's direct impacts added together with the impacts 01:22:18.970 --> 01:22:23.050 from the past, present and future projects that can be 01:22:23.050 --> 01:22:24.290 reasonably predicted. 01:22:24.290 --> 01:22:29.250 So, I wanted to use this stream as an example for 01:22:29.250 --> 01:22:30.890 an alternative analysis. 01:22:30.890 --> 01:22:34.810 So, an example of a direct impact on the stream. 01:22:35.210 --> 01:22:39.570 If you are proposing to install a new wastewater line and it 01:22:39.570 --> 01:22:42.490 needed to bisect the stream and you were planning on 01:22:42.610 --> 01:22:44.890 installing it via open trench. 01:22:45.050 --> 01:22:48.560 Then in this case, the direct impact on the stream would be 01:22:48.560 --> 01:22:51.080 destruction or disturbance of aquatic habitat. 01:22:51.600 --> 01:22:55.160 A secondary impact of this type of project might be 01:22:55.160 --> 01:23:00.520 that a new subdivision is constructed directly adjacent 01:23:00.520 --> 01:23:04.080 because there's no wastewater lines available in that area. 01:23:04.080 --> 01:23:06.700 So, the service area has been extended. 01:23:06.700 --> 01:23:11.960 And the cumulative impact might be all of the wastewater 01:23:11.960 --> 01:23:15.760 lines within that particular river basin, leading to higher 01:23:15.760 --> 01:23:18.604 nutrient loads in the streams. 01:23:18.604 --> 01:23:23.760 And so, for your preferred alternative, you would provide 01:23:23.760 --> 01:23:25.200 that specific information. 01:23:25.200 --> 01:23:29.000 For your No Action alternative, and your 01:23:29.000 --> 01:23:32.240 alternative is not being considered, we have a slightly 01:23:32.240 --> 01:23:35.267 different rubric shown here. 01:23:35.267 --> 01:23:39.320 So, this is an example of the direct impacts rubric for 01:23:39.320 --> 01:23:40.720 the No Action alternative. 01:23:41.320 --> 01:23:44.112 It's very similar for the Alternative Not Selected. 01:23:44.112 --> 01:23:46.920 But essentially, you're indicating whether or not 01:23:46.960 --> 01:23:52.776 the direct impacts on the No Alternative or the Alternative 01:23:52.776 --> 01:23:56.720 Not Selected on all of these resources are greater than, 01:23:56.720 --> 01:24:00.000 less than, or the same as the direct impacts of 01:24:00.040 --> 01:24:03.027 the preferred alternative on that same resource. 01:24:03.027 --> 01:24:09.600 So, for example, you are evaluating an alternative 01:24:09.600 --> 01:24:10.920 that was not selected. 01:24:11.360 --> 01:24:14.040 And that particular alternative cost three 01:24:14.040 --> 01:24:18.600 additional streams, bisected a wetland and would disturb 01:24:18.600 --> 01:24:20.280 endangered species habitat. 01:24:20.600 --> 01:24:24.000 Whereas your preferred alternative only crosses 01:24:24.000 --> 01:24:27.320 one stream, doesn't bisect any wetlands, and does 01:24:27.320 --> 01:24:29.920 not go through endangered species habitat. 01:24:29.960 --> 01:24:33.120 You would simply indicate that the effect on those particular 01:24:33.120 --> 01:24:37.840 resources are greater than the preferred alternative. 01:24:37.840 --> 01:24:46.230 So, for the alternative not considered, we have the option 01:24:46.270 --> 01:24:50.910 of you saying, yes, that that particular alternative is 01:24:50.910 --> 01:24:57.950 still in consideration if you have more than one reasonable 01:24:57.990 --> 01:24:59.150 build alternative. 01:24:59.950 --> 01:25:03.110 And so, if you are still considering this at all, 01:25:03.230 --> 01:25:06.070 please indicate that and note that the level of detail 01:25:06.070 --> 01:25:08.550 provided for this alternative needs to be commensurate with 01:25:08.550 --> 01:25:14.030 the level of detail provided for the preferred alternative 01:25:14.430 --> 01:25:15.630 presented in the document. 01:25:15.630 --> 01:25:17.750 And so, you would need to work with your environmental 01:25:17.750 --> 01:25:23.603 reviewer to scope the document appropriately to prevent delays. 01:25:23.603 --> 01:25:28.230 So, going back to the example of having two reasonable build 01:25:28.230 --> 01:25:32.420 alternatives, you end up going with build alternative number 01:25:32.420 --> 01:25:35.630 two, but you would had build alternative number one as your 01:25:35.630 --> 01:25:36.390 preferred. 01:25:36.590 --> 01:25:39.750 Then you have to go all the way back through that review process 01:25:39.750 --> 01:25:40.990 for that second alternative. 01:25:41.030 --> 01:25:45.630 And it's much, much easier to get clearance for a larger scope 01:25:45.630 --> 01:25:49.043 rather than have a very narrow scope and have to backtrack. 01:25:49.043 --> 01:25:54.030 In this section, you'll also provide the reason why you are 01:25:54.070 --> 01:25:58.330 either accepting or rejecting that particular alternative. 01:25:58.330 --> 01:26:03.937 And that could either be that the alternative impacted more 01:26:03.937 --> 01:26:08.550 resources, or if in the case of the preferred alternative, 01:26:08.590 --> 01:26:09.950 it ends up being cheaper. 01:26:10.470 --> 01:26:12.377 That's perfectly fine too. 01:26:12.377 --> 01:26:16.230 And for your selection of a preferred alternative, 01:26:16.270 --> 01:26:20.410 you'll discuss why the proposed project was chosen. 01:26:20.410 --> 01:26:25.630 In section five, we get into the environmental 01:26:25.630 --> 01:26:28.030 settings impacts and mitigation component. 01:26:28.030 --> 01:26:32.050 So, this is specific to your preferred action alternative 01:26:32.050 --> 01:26:34.590 and you're required to provide information on all 01:26:34.630 --> 01:26:36.657 of these resources. 01:26:36.657 --> 01:26:42.460 So, instead of going through that section one by one, I just 01:26:42.460 --> 01:26:46.700 wanted to give you an idea of the types of resources that 01:26:46.700 --> 01:26:50.167 you'll need to analyze for your preferred alternative. 01:26:50.167 --> 01:26:54.060 Now, we understand that we're requesting some very 01:26:54.060 --> 01:26:54.960 specific information. 01:26:54.960 --> 01:26:57.540 And I understand that this text is really small. 01:26:57.580 --> 01:27:01.620 Don't bother in straining your eyes or anything, but we wanted 01:27:01.620 --> 01:27:07.260 to give you some good resources that you can turn to if you do 01:27:07.260 --> 01:27:10.820 not know where to find that particular information. 01:27:11.060 --> 01:27:15.000 And a lot of this information is available on TNRIS. 01:27:15.000 --> 01:27:18.470 So, we've provided all of these links. 01:27:18.960 --> 01:27:24.380 And if you have any questions about how to use the website 01:27:24.420 --> 01:27:28.420 like Web Soil Survey or FEMA Floodplain map, just give 01:27:28.420 --> 01:27:30.700 your environmental reviewer a call and we'd be happy to 01:27:30.740 --> 01:27:31.700 walk you through it. 01:27:31.740 --> 01:27:35.900 I understand that you may have specific resources 01:27:35.900 --> 01:27:39.960 that you generally utilize, or if you have shapefiles 01:27:39.960 --> 01:27:43.370 that you use in ArcGIS, that's perfectly fine, too. 01:27:43.610 --> 01:27:48.050 These are just some recommendations, so that 01:27:48.050 --> 01:27:51.490 way the information that we're receiving is uniform 01:27:51.530 --> 01:27:53.637 from all of the applicants. 01:27:53.637 --> 01:28:00.210 So, in section 5.13, we describe the standard mitigation 01:28:00.210 --> 01:28:03.317 precautionary measures and best management practices. 01:28:03.317 --> 01:28:10.117 So, here you will describe all of your standard mitigation 01:28:10.117 --> 01:28:13.610 and other best management practices to be used during 01:28:13.610 --> 01:28:14.930 the construction of the project. 01:28:14.930 --> 01:28:20.250 So, in the case of our stream, maybe you choose to revegetate 01:28:20.250 --> 01:28:23.770 the temporarily impacted portions of that stream. 01:28:24.810 --> 01:28:28.050 Other good examples would be a stormwater pollution 01:28:28.050 --> 01:28:31.090 prevention plan, dust and siltation control, 01:28:31.090 --> 01:28:35.210 utilizing silt fences, or establishing original grades 01:28:35.210 --> 01:28:39.010 in the floodplain - anything that you're considering is 01:28:39.010 --> 01:28:41.800 a best management practice for that particular project. 01:28:41.800 --> 01:28:46.570 And so, in section 5.14, we describe the mitigation 01:28:46.570 --> 01:28:48.050 measures specifically. 01:28:48.330 --> 01:28:51.410 And so, you'll describe how impacts are going to be avoided, 01:28:51.450 --> 01:28:54.770 minimized and mitigated or compensated for. 01:28:55.250 --> 01:28:57.410 And the information that's provided should be 01:28:57.410 --> 01:29:01.343 consistent with what was provided to the regulatory 01:29:01.343 --> 01:29:06.130 agencies and should incorporate applicable 01:29:06.170 --> 01:29:07.357 agency recommendations. 01:29:07.357 --> 01:29:11.130 So, this is the list that we are going to end up using to 01:29:11.170 --> 01:29:14.410 develop our conditions for the environmental determination. 01:29:14.930 --> 01:29:20.343 And here in the form, we have an example of an impact, 01:29:20.343 --> 01:29:23.610 which is the loss of five acres of forested wetland. 01:29:23.930 --> 01:29:27.690 Well, USACE is going to require that you mitigate 01:29:27.690 --> 01:29:30.690 for the loss of those five acres of forested wetland. 01:29:30.850 --> 01:29:33.890 And so, for your mitigation measure, you choose to purchase 01:29:34.050 --> 01:29:39.560 ten credits from a wetland mitigation bank that encompasses 01:29:39.840 --> 01:29:42.573 your project, that has a service area in your project. 01:29:42.573 --> 01:29:46.120 Another example might be potential impacts to 01:29:46.160 --> 01:29:47.653 migratory bird species. 01:29:47.653 --> 01:29:54.960 So, Fish and Wildlife requires that you do not disturb 01:29:54.960 --> 01:29:58.840 or clear vegetation in an area during breeding 01:29:58.840 --> 01:30:02.160 and nesting season based off of the Migratory Bird Treaty Act. 01:30:02.480 --> 01:30:06.480 And so, you would simply state that you would avoid clearing 01:30:06.520 --> 01:30:10.880 activities during the migratory bird nesting season or conduct 01:30:10.920 --> 01:30:12.347 a nesting survey. 01:30:12.347 --> 01:30:15.600 And the nesting survey would be conducted by 01:30:15.600 --> 01:30:17.787 a certified biologist. 01:30:17.787 --> 01:30:23.880 So, here in our public participation component, we 01:30:23.880 --> 01:30:28.040 recognize that we are now requiring a public meeting as 01:30:28.680 --> 01:30:31.800 opposed to a public hearing, which is less formal, and it 01:30:31.800 --> 01:30:33.840 does not require a verbatim transcript. 01:30:33.840 --> 01:30:37.240 It only requires a general summary of what happened at 01:30:37.280 --> 01:30:38.440 that particular meeting. 01:30:39.240 --> 01:30:42.560 And again, you must notify the public of the meeting by 01:30:42.560 --> 01:30:45.360 advertisement in a newspaper of general circulation 01:30:45.360 --> 01:30:49.480 within the project area at least 30 days prior to 01:30:49.520 --> 01:30:50.520 the date of the meeting. 01:30:50.560 --> 01:30:55.560 And so, here we have a checklist of the different 01:30:55.600 --> 01:30:58.440 things that are required for a public meeting notice. 01:30:59.360 --> 01:31:01.680 And just be sure that you comply with all of those 01:31:02.120 --> 01:31:04.093 particular requirements. 01:31:04.093 --> 01:31:09.720 And for your convenience, we've included a public meeting 01:31:09.720 --> 01:31:11.493 notice within the document. 01:31:11.493 --> 01:31:16.160 So, this is just a sort of a plug-and-chug sort of 01:31:17.120 --> 01:31:20.693 template where you would insert the proper information 01:31:20.693 --> 01:31:24.560 for your specific project, and then you would send this 01:31:24.560 --> 01:31:28.480 notice to the newspaper for it to be published. 01:31:28.480 --> 01:31:33.780 And the public meeting documentation includes 01:31:33.780 --> 01:31:37.430 the publisher's affidavit and a copy of the notice, 01:31:37.830 --> 01:31:40.110 a statement signed by the applicant that the meeting 01:31:40.110 --> 01:31:42.780 was held in conformance with the public meeting 01:31:42.780 --> 01:31:46.283 notice, a list of witnesses which can just be a sign-in 01:31:46.283 --> 01:31:48.630 sheet, a written summary of the meeting, which is not 01:31:48.630 --> 01:31:52.150 the same thing as a transcript, and all adverse comments 01:31:52.150 --> 01:31:56.230 received from the public meeting, any phone calls, any 01:31:56.230 --> 01:31:59.870 correspondence that you received from the public, and how those 01:31:59.870 --> 01:32:01.783 comments were addressed. 01:32:01.783 --> 01:32:09.390 In section 7, we move on into agency coordination, 01:32:09.390 --> 01:32:13.230 and the purpose of this section is to help you identify when 01:32:13.270 --> 01:32:15.537 agency coordination is required. 01:32:15.537 --> 01:32:20.350 So, the table in section 7 is meant to serve as a table of 01:32:20.350 --> 01:32:24.470 contents for Appendix C, where you'll attach all of your agency 01:32:24.510 --> 01:32:27.897 coordination materials there. 01:32:27.897 --> 01:32:33.300 And for your convenience, we've also provided 01:32:33.300 --> 01:32:36.100 a sample agency notification and coordination letters. 01:32:36.100 --> 01:32:38.660 So, very similar to the public meeting notice. 01:32:38.700 --> 01:32:42.580 You insert the appropriate information and send 01:32:42.980 --> 01:32:45.380 either the notification or the coordination letter to 01:32:45.420 --> 01:32:46.860 the appropriate agency. 01:32:52.060 --> 01:32:54.140 And in section 8, we have a certification 01:32:54.140 --> 01:32:57.900 statement whereby you, as the applicant, signed that to 01:32:57.940 --> 01:32:59.260 the best of your knowledge. 01:32:59.540 --> 01:33:02.500 The document describes the complete project and no 01:33:02.500 --> 01:33:06.020 other project's stages or components other than 01:33:06.260 --> 01:33:09.140 those components described in the document which are 01:33:09.140 --> 01:33:13.047 related to the project as connected actions or phases. 01:33:13.047 --> 01:33:18.820 And the person signing this would be the project manager 01:33:18.940 --> 01:33:22.424 for preparation of the EID. 01:33:22.424 --> 01:33:26.807 In section 9, you would include all of your appendices. 01:33:26.807 --> 01:33:31.460 Appendix A would be the standard maps that we had listed, and we 01:33:31.700 --> 01:33:34.200 went over what is a good map. 01:33:34.200 --> 01:33:36.740 And appendix B, the environmental settings, 01:33:36.740 --> 01:33:38.940 impacts and mitigation attachments, whatever is 01:33:38.940 --> 01:33:40.596 appropriate for the project. 01:33:41.532 --> 01:33:45.900 And so, in summary, we've reviewed 01:33:45.900 --> 01:33:47.820 the contents of the EID. 01:33:47.820 --> 01:33:51.700 We've reviewed the benefits of the new EID template, 01:33:51.940 --> 01:33:55.500 the fact that it's going to take a lot less time to go through 01:33:56.020 --> 01:33:58.940 and clarifies the requirements, and helps you identify when 01:33:58.980 --> 01:34:01.073 agency coordination is required. 01:34:01.073 --> 01:34:04.980 The changes to the EID, the fact that it's now 01:34:05.180 --> 01:34:08.860 a fillable form as opposed to a general guidance document. 01:34:08.860 --> 01:34:12.220 We've gone over the federal environmental review 01:34:12.220 --> 01:34:15.931 process, and then we've also reviewed the new EID. 01:34:15.931 --> 01:34:19.580 So, from here we can either go on to the question and answer 01:34:19.580 --> 01:34:23.060 session or if you'd like, we can describe the environmental 01:34:23.060 --> 01:34:26.300 data form and compare federal versus state. 01:34:26.820 --> 01:34:27.660 Does that sound good? 01:34:27.660 --> 01:34:27.880 OK. 01:34:27.880 --> 01:34:30.610 So, we'll go ahead and skip to that and then we'll go ahead 01:34:30.610 --> 01:34:32.356 and move on to the question and answer session. 01:34:32.356 --> 01:34:36.450 So, the Environmental Data Form is required for state-funded 01:34:36.450 --> 01:34:41.770 projects, and these programs include the Water Development 01:34:41.770 --> 01:34:45.770 Fund, the Rural Water Assistance Fund, Water Infrastructure 01:34:45.770 --> 01:34:49.570 Fund, State Participation Program, the Economically 01:34:49.570 --> 01:34:52.570 Distressed Areas Program, and the Agricultural Loan 01:34:52.570 --> 01:34:52.890 Program. 01:34:52.890 --> 01:34:55.210 So, these are the programs that are listed on the very 01:34:55.210 --> 01:34:59.370 front of the Environmental Data Form, and it's currently 01:34:59.370 --> 01:35:02.650 used for a mid-level or full environmental review for most 01:35:02.650 --> 01:35:04.490 projects receiving state funding. 01:35:05.090 --> 01:35:09.957 And the purpose of the EDF is to ensure that projects 01:35:09.957 --> 01:35:14.370 have been adequately reviewed by regulatory agencies 01:35:14.530 --> 01:35:17.570 and determine if the project is expected to have adverse 01:35:17.730 --> 01:35:18.940 environmental impacts. 01:35:18.940 --> 01:35:22.970 And so, here we just have a general comparison of 01:35:22.970 --> 01:35:26.730 the timeline of environmental information document versus 01:35:26.730 --> 01:35:28.419 an environmental data form. 01:35:28.419 --> 01:35:31.646 So, an EID might take anywhere between eight to ten 01:35:31.646 --> 01:35:35.758 months, whereas an EDF might take six to eight months. 01:35:35.758 --> 01:35:42.330 And for the EDF, fewer agencies might need to be coordinated 01:35:42.330 --> 01:35:45.797 with and a public meeting is usually not required. 01:35:45.797 --> 01:35:51.050 And the public comment period and board affirmation for an EDF 01:35:51.050 --> 01:35:54.210 is not required, whereas those two steps are required for 01:35:54.210 --> 01:35:56.770 federal environmental review. 01:35:56.770 --> 01:36:02.770 So, from there, I'll go ahead and open it up to 01:36:02.810 --> 01:36:04.410 a question-and-answer session. 01:36:09.050 --> 01:36:09.597 Yes. 01:36:09.597 --> 01:36:13.503 SPEAKER: With regard to agency coordination in the past, that 01:36:13.503 --> 01:36:16.107 entailed sending them a draft document. 01:36:16.241 --> 01:36:16.850 SPEAKER: Yes. 01:36:16.850 --> 01:36:20.220 SPEAKER: Would that now be the draft form? 01:36:20.220 --> 01:36:20.870 SPEAKER: Yes. 01:36:20.870 --> 01:36:26.903 You would be sending them a notification letter in 01:36:26.903 --> 01:36:30.040 addition to your draft EID, and they would review 01:36:30.080 --> 01:36:33.240 that EID and then send back recommendations. 01:36:33.240 --> 01:36:37.080 And whatever recommendations they provide, we would then 01:36:37.080 --> 01:36:40.005 adopt those recommendations within our finding. 01:36:40.005 --> 01:36:45.704 SPEAKER: (INAUDIBLE) 01:36:46.133 --> 01:36:46.287 SPEAKER: No, no. 01:36:46.287 --> 01:36:50.880 So, you would do your agency coordination prior to 01:36:50.920 --> 01:36:53.493 the submission of the EID to us. 01:36:53.493 --> 01:36:59.520 So, agency coordination is a part of the process 01:36:59.520 --> 01:37:01.152 of preparing the EID. 01:37:01.152 --> 01:37:03.360 SPEAKER: I'd just like to add something. 01:37:03.520 --> 01:37:06.200 The agencies may make recommendations. 01:37:06.600 --> 01:37:10.240 The ones that we will include as conditions of our findings 01:37:10.240 --> 01:37:12.960 are the ones that are based on statutory regulations. 01:37:13.320 --> 01:37:15.200 Because sometimes they'll say this would be a good 01:37:15.200 --> 01:37:21.930 idea, but there's not a regulation requiring that. 01:37:21.930 --> 01:37:26.950 If there's a permit requirement, if there's something that has 01:37:26.950 --> 01:37:29.371 to be done for you to get a permit, it's definitely gonna 01:37:29.371 --> 01:37:30.390 be a condition. 01:37:30.390 --> 01:37:34.668 Sometimes it's a compliance with the Migratory Bird Treaty Act, 01:37:34.668 --> 01:37:38.517 although you're not technically out of compliance until you've 01:37:38.517 --> 01:37:39.801 actually done (INAUDIBLE). 01:37:39.801 --> 01:37:43.650 But they're saying you do this just to ensure 01:37:43.650 --> 01:37:44.934 compliance with that. 01:37:44.934 --> 01:37:48.784 At least that's the statutory reference versus just general 01:37:48.784 --> 01:37:51.350 recommendations that are related to treaty. 01:37:51.958 --> 01:38:03.860 SPEAKER: (INAUDIBLE) 01:38:03.860 --> 01:38:07.383 SPEAKER: In those cases, it's always a subset of 01:38:07.383 --> 01:38:10.026 their recommendations that we actually include. 01:38:11.222 --> 01:38:47.218 SPEAKER: (INAUDIBLE) 01:38:47.643 --> 01:38:52.785 SPEAKER: And she has in one of the slides I thought it 01:38:52.785 --> 01:38:54.654 was really well described. 01:38:54.654 --> 01:38:58.861 It helps you identify which ones will require coordination. 01:38:58.861 --> 01:39:03.068 And you've got our little caveat in there saying 01:39:03.068 --> 01:39:08.209 we're not making the call whether or not you have to. 01:39:08.209 --> 01:39:12.416 You're still responsible for getting all the permits that 01:39:12.416 --> 01:39:14.285 you need, but (INAUDIBLE). 01:39:14.365 --> 01:39:27.284 SPEAKER: (INAUDIBLE) 01:39:27.722 --> 01:39:29.780 SPEAKER: There's a lot of agency coordination that 01:39:29.780 --> 01:39:32.273 went on behind the scenes. 01:39:32.273 --> 01:39:35.967 So, they had an opportunity to comment on the EID 01:39:35.967 --> 01:39:39.660 and say, this form is gonna satisfy our requirements. 01:39:39.660 --> 01:39:42.220 If we were to receive it, then we're going to have all of 01:39:42.220 --> 01:39:45.127 the information that we need in order to make a recommendation. 01:39:45.127 --> 01:39:49.124 SPEAKER: On this slide where she has listed uniform agency 01:39:49.124 --> 01:39:52.233 coordination requirements, those are the agencies you 01:39:52.233 --> 01:39:54.009 have to coordinate with. 01:39:54.520 --> 01:39:57.972 SPEAKER: (INAUDIBLE) 01:39:58.100 --> 01:40:00.603 SPEAKER: Do you think Wildlife is a circumstantial 01:40:00.603 --> 01:40:02.033 requirement for your review? 01:40:02.033 --> 01:40:04.536 Fish and Wildlife is a circumstantial requirement. 01:40:04.536 --> 01:40:08.112 So, you are going to evaluate whether or not you 01:40:08.112 --> 01:40:11.330 think the project is gonna have a potential impact 01:40:11.330 --> 01:40:12.760 and make that determination. 01:40:12.760 --> 01:40:15.757 (CROSSTALK) 01:40:16.022 --> 01:40:16.296 SPEAKER: Yeah. 01:40:16.296 --> 01:40:17.390 Oftentimes we don't respond. 01:40:17.390 --> 01:40:20.672 And so, we have a lot of people who the way they're 01:40:20.672 --> 01:40:22.860 processed quite a bit waiting for that response. 01:40:22.860 --> 01:40:24.502 And the response may never come. 01:40:24.502 --> 01:40:27.784 And so, how do we evaluate whether or not Fish and Wildlife 01:40:27.784 --> 01:40:29.972 should be contacted is usually in relation to 01:40:29.972 --> 01:40:32.434 the recommendations that we receive from Parks and Wildlife. 01:40:32.434 --> 01:40:34.622 If we get pretty standard recommendations from Parks 01:40:34.622 --> 01:40:37.084 and Wildlife and feel pretty secure in that Parks 01:40:37.084 --> 01:40:39.546 and Wildlife like, wow, this is a really sensitive 01:40:39.546 --> 01:40:42.007 area and there's a lot of complications that we're 01:40:42.007 --> 01:40:44.469 gonna stand up and say, maybe you should also 01:40:44.469 --> 01:40:45.563 contact Fish and Wildlife. 01:40:45.804 --> 01:40:58.577 SPEAKER: (INAUDIBLE) 01:40:58.891 --> 01:40:59.198 SPEAKER: No. 01:40:59.198 --> 01:41:02.261 Now, that's never been the policy, and you just need 01:41:02.261 --> 01:41:05.323 to talk to the environmental reviewer to decide if they 01:41:05.323 --> 01:41:06.855 think there's really an issue. 01:41:06.855 --> 01:41:08.999 And sometimes we make the call ourselves. 01:41:08.999 --> 01:41:11.143 Are you going to respond to (INAUDIBLE)? 01:41:12.691 --> 01:41:34.117 SPEAKER: (INAUDIBLE) 01:41:34.217 --> 01:41:38.910 SPEAKER: And that's why requiring their responses, even 01:41:38.910 --> 01:41:44.250 you get no response or you get a response that says because you 01:41:44.250 --> 01:41:47.570 said there's no effect, we're not requiring a consultation, 01:41:47.570 --> 01:41:51.560 which doesn't really tell you that they reviewed it at all. 01:41:51.560 --> 01:41:59.851 SPEAKER: (INAUDIBLE) 01:42:00.143 --> 01:42:05.690 SPEAKER: I've got several EIDs that are in various stages of 01:42:05.690 --> 01:42:09.690 completion, and they're going by the old format. 01:42:10.010 --> 01:42:13.397 And I'm just wondering, is there any change to 01:42:13.397 --> 01:42:16.417 continue on that format? 01:42:16.417 --> 01:42:21.252 (CROSSTALK) 01:42:21.512 --> 01:42:22.944 SPEAKER: Use the same format. 01:42:22.944 --> 01:42:26.883 And if you wanted, you could look at the requirements in 01:42:26.883 --> 01:42:30.822 the EID template and just say that and adjust the requirements 01:42:30.822 --> 01:42:33.329 even with those comments, things like that. 01:42:35.120 --> 01:42:46.906 SPEAKER: (CROSSTALK) 01:42:47.014 --> 01:42:50.344 SPEAKER: And so, the old guidance documents for the clean 01:42:50.344 --> 01:42:54.045 water and drinking water state revolving funds have now been 01:42:54.045 --> 01:42:55.525 removed from the website. 01:42:55.525 --> 01:42:58.486 So, people logging in and wanting or needing 01:42:58.486 --> 01:43:01.816 to submit an EID will now utilize that form. 01:43:04.560 --> 01:43:07.120 SPEAKER: Downloading the forms in preparation 01:43:07.120 --> 01:43:10.400 for doing the completing the work for the information 01:43:10.400 --> 01:43:13.760 of the environmental review is gonna want to have for 01:43:13.760 --> 01:43:16.187 whatever level we're doing. 01:43:16.187 --> 01:43:21.800 Would there be something in the guidance on the internet 01:43:21.800 --> 01:43:24.600 showing us which reviewer we would need to contact if we 01:43:24.600 --> 01:43:26.000 had questions? 01:43:26.200 --> 01:43:27.380 Is there a... 01:43:27.380 --> 01:43:31.000 How will we know which reviewer we'll be looking at? 01:43:31.200 --> 01:43:35.120 SPEAKER: Well, once the application is accepted, 01:43:35.120 --> 01:43:41.001 then the applicant is sent a list, (INAUDIBLE) here's 01:43:41.001 --> 01:43:46.881 your project team, the review engineer or the environmental 01:43:46.881 --> 01:43:48.841 reviewer, team manager. 01:43:52.143 --> 01:43:56.640 SPEAKER: Many times or sometimes our engineering clients never 01:43:56.680 --> 01:43:58.488 tell us that information. 01:43:58.488 --> 01:44:02.900 You say we need this environmental document prepared, 01:44:02.900 --> 01:44:05.040 so go ahead and start doing it. 01:44:05.640 --> 01:44:08.112 And that's really all they tell us essentially. 01:44:08.112 --> 01:44:09.560 And they'll give us the information 01:44:09.560 --> 01:44:10.640 about the project. 01:44:11.000 --> 01:44:14.590 But a lot of times people that I talk to on the engineering 01:44:14.590 --> 01:44:17.830 side don't even know who the environmental reviewer 01:44:17.830 --> 01:44:20.737 is, or perhaps could even care less at that point. 01:44:20.737 --> 01:44:23.350 SPEAKER: You can always call me and I'll figure out 01:44:23.630 --> 01:44:26.990 who the reviewer is if no one's been assigned yet. 01:44:27.630 --> 01:44:28.830 General questions like that. 01:44:28.830 --> 01:44:32.217 SPEAKER: I think at one time you all had a location map. 01:44:32.217 --> 01:44:34.010 SPEAKER: We have a location map. 01:44:34.010 --> 01:44:36.590 So, there's six regional teams and that can be 01:44:36.590 --> 01:44:37.790 found on our website. 01:44:37.990 --> 01:44:40.550 And it also provides the contact number for 01:44:40.550 --> 01:44:42.243 the manager of each team. 01:44:42.243 --> 01:44:45.110 The manager of each team would always be able to tell you who 01:44:45.110 --> 01:44:49.550 the environmental reviewer for the project, with the exception 01:44:49.630 --> 01:44:53.190 of (UKNOWN) that's coming in right now because we're 01:44:53.190 --> 01:44:57.430 spreading it around so that the team reviewing it may not 01:44:57.430 --> 01:45:03.550 be the regional team that would normally review it because it's 01:45:03.550 --> 01:45:04.630 been... 01:45:04.630 --> 01:45:09.350 And we're sharing it (INAUDIBLE), but the manager 01:45:09.350 --> 01:45:11.373 would still know who was handling (INAUDIBLE). 01:45:11.373 --> 01:45:14.383 So, that's like one person that you can contact for 01:45:14.383 --> 01:45:15.180 that information. 01:45:15.180 --> 01:45:17.684 SPEAKER: And will this presentation be put 01:45:17.684 --> 01:45:20.156 online because there's a lot of links that? 01:45:20.156 --> 01:45:20.525 SPEAKER: Yes. 01:45:20.525 --> 01:45:22.742 This presentation will be put online. 01:45:22.742 --> 01:45:25.698 So, we'll provide a copy of the PowerPoint. 01:45:25.698 --> 01:45:28.284 And then we'll also add a video. 01:45:28.284 --> 01:45:32.347 So, we've been recording this both to put online and also 01:45:32.347 --> 01:45:33.825 for our webinar participants. 01:45:33.825 --> 01:45:38.628 So, you can always refer back to it if you have any questions. 01:45:41.737 --> 01:45:42.140 Yes. 01:45:42.205 --> 01:45:44.460 SPEAKER: Question about the notice for 01:45:44.460 --> 01:45:45.660 the public meeting. 01:45:45.660 --> 01:45:51.872 Do we have to mail out a notice in the form of a letter to any 01:45:51.872 --> 01:45:55.748 of the adjacent landowners (INAUDIBLE) to the public 01:45:55.748 --> 01:45:56.287 meeting? 01:45:56.287 --> 01:46:00.760 SPEAKER: I would say notify any interested parties, 01:46:00.760 --> 01:46:04.340 which may or may not include adjacent landowners. 01:46:04.340 --> 01:46:08.774 SPEAKER: So, once we have the public meeting, 01:46:08.774 --> 01:46:12.700 if a interested party at public meetings request 01:46:12.700 --> 01:46:16.380 a public hearing, do we have to go ahead and do a public 01:46:16.380 --> 01:46:17.424 hearing after that? 01:46:17.424 --> 01:46:19.940 SPEAKER: I think firstly the environmental reviewer will 01:46:19.940 --> 01:46:22.910 decide whether or not it merits. 01:46:22.910 --> 01:46:27.260 SPEAKER: It depends on the level of impact or, 01:46:28.980 --> 01:46:31.981 I guess, the general... 01:46:34.099 --> 01:46:35.122 SPEAKER: The public hearing... 01:46:35.122 --> 01:46:38.660 The reason why we would hold the public hearing is 01:46:38.660 --> 01:46:41.340 if there is reason to believe that there is a significant 01:46:41.340 --> 01:46:45.033 public controversy associated with environmental impact. 01:46:45.033 --> 01:46:48.980 So, if somebody is just opposed to the project because they're 01:46:48.980 --> 01:46:52.780 opposed to the project, you still have to respond 01:46:52.780 --> 01:46:55.540 and provide some sort of formal comment to that person, 01:46:55.660 --> 01:47:00.020 but you're not gonna be kicking it up a notch unless there is 01:47:00.020 --> 01:47:02.660 some sort of justification that there is significant public 01:47:02.660 --> 01:47:05.860 controversy and that that public controversy is associated with 01:47:05.860 --> 01:47:08.743 an environmental impact of the project. 01:47:11.114 --> 01:47:16.943 SPEAKER: (INAUDIBLE) 01:47:17.104 --> 01:47:22.220 SPEAKER: The EID isn't complete until it has everything in it 01:47:22.220 --> 01:47:25.289 that is part of the document. 01:47:26.230 --> 01:47:27.040 SPEAKER: Yeah. 01:47:27.040 --> 01:47:28.890 Very clear there. 01:47:28.890 --> 01:47:32.490 If Parks and Wildlife makes a recommendation, 01:47:32.490 --> 01:47:35.660 may or may not require it. 01:47:35.660 --> 01:47:41.850 Because I was quoted a statute or (INAUDIBLE) says 01:47:42.530 --> 01:47:46.143 we have to follow whatever recommendation they make. 01:47:46.143 --> 01:47:50.410 So, if they make a recommendation, it has to be. 01:47:50.410 --> 01:47:52.690 SPEAKER: Only if the recommendation is based 01:47:52.690 --> 01:47:56.770 on statutory (INAUDIBLE). 01:47:56.770 --> 01:48:01.010 They can require something to ensure compliance with 01:48:01.650 --> 01:48:06.050 a regulation or act like the Migratory Bird Treaty Act. 01:48:07.410 --> 01:48:14.130 But if they have something not specific, they can't specify 01:48:14.170 --> 01:48:17.310 and we can't get them to specify what it's related to. 01:48:17.310 --> 01:48:20.570 It's very true that we think (INAUDIBLE). 01:48:20.570 --> 01:48:24.730 But we get numerous recommendations from Parks 01:48:24.730 --> 01:48:30.650 and Wildlife and the applicant can agree or not to do those 01:48:30.650 --> 01:48:33.010 things, but we don't include them as a condition of 01:48:33.010 --> 01:48:36.810 the environmental findings unless they face them regularly. 01:48:37.303 --> 01:48:39.290 SPEAKER: The regulatory requirements state that 01:48:39.290 --> 01:48:41.930 the response has to be provided to the department. 01:48:42.130 --> 01:48:44.650 If you don't agree with what they want, you have 01:48:44.650 --> 01:48:47.570 to respond to them. 01:48:49.448 --> 01:48:51.957 SPEAKER: (INAUDIBLE) 01:48:55.486 --> 01:48:58.280 SPEAKER: Any other questions? 01:48:58.280 --> 01:48:59.211 No? 01:48:59.211 --> 01:49:00.142 Alright. 01:49:00.142 --> 01:49:05.730 Well, thank you all for attending.