5000 ENVIRONMENTAL STUDIES (Version 2008a)
5010 Social, Economic, and Environmental Considerations
(general analysis, summary and report text preparation)
This task covers general analysis and preparation of the environmental portion
(Chapter IV) of the DAD text, including summarizing of detailed studies and
reports performed under other tasks. Using the PSR as a basis the Consultant
shall document in this task of the report the assessment of social, economic and
environmental impacts in accordance with NYSDOT’s Project Development
Manual (PDM).
5011 Introduction and summary
[5011 applies to all projects; NEPA references apply only to Federal Aid Projects]
In the opening paragraphs of Chapter IV of the DAD the Consultant shall briefly
state the (NEPA classification and) SEQRA type, with appropriate references to
(NEPA and) SEQRA regulations. The Consultant shall also:
• Summarize the assessment of social, economic and environmental
considerations
• Note and list any permit requirements
• Note whether the (NEPA classification,) SEQRA type, or need for permits
varies with the alternatives.
5012 SEQRA TYPE II Verification and Documentation
[Include this subtask only if the project is a SEQRA TYPE II action.]
The Consultant shall verify whether the project is a SEQRA TYPE II action by
explaining how the project is consistent with the relevant action on the TYPE II
list in the NYSDOT Environmental Procedures Manual, and by determining
whether applicable threshold criteria in the NYSDOT Environmental Procedures
Manual are met. The Consultant shall document this verification in the design
report.
[If substantive analyses are required, include appropriate tasks beginning with
5020.]
5013 NEPA Checklist
[Include this subtask only if the project is assumed to be a NEPA
Categorical Exclusion under USDOT 23CFR771 (Automatic,
Programmatic, or with documentation). Refer to NEPA Checklist in
EPM 2.2 and DPM Appendix B or consult with the Regional
Environmental Contact to determine type of Categorical Exclusion
and to verify that analysis needed to answer Checklist questions is
covered by other subtasks.]
This project is assumed to be (an Automatic Categorical Exclusion) (a
Programmatic Categorical Exclusion) (a Categorical Exclusion with
Documentation).
The Consultant shall assist the State in verifying whether the project is a NEPA
Categorical Exclusion by completing the NEPA Checklist included in the
NYSDOT Environmental Procedures Manual in accordance with the instructions,
and supplementing it with references and brief text where necessary.
The State shall sign the Checklist and forward it to the FHWA.
[Include any detailed studies in appropriate tasks (5020, 5030, etc.)]
5014 Design Alternatives - Social, Economic, and Environmental Analyses and DAD
Documentation
[Include subtask 5014 for all projects which require a NEPA EA, require an
EIS, or are SEQRA Non-type II, 100% State Funded.]
In accordance with the requirements and format of the applicable section of the
PDM, the Consultant shall analyze all design alternatives and the null alternative
with regard to environmental, social, and economic issues (including beneficial
and adverse impacts) and document all analyses in the DAD. Wherever
appropriate the Consultant shall describe proposed measures to avoid, minimize,
or mitigate impacts.
[Include the following sentence if NEPA applies.]
The analyses and reporting shall be performed and presented in accordance with
instructions in FHWA Technical Advisory T6640.8A (10/30/87) or
current replacement policy.
The information may be organized either sequentially for each alternative
or (where there are few alternatives) sequentially for each category.
[Insert the following steps if NEPA applies. Environmental Justice should
be considered in Section IV.B.1.h. (2) of the standard design report EIS
EA format. Consideration to include Environmental Justice for
Class II Design Reports should be based on the scope of the project.]
The consultant shall study the effects of the project on Environmental Justice
in accordance with Executive Order (EO) 12898 and other relevant
guidance. Environmental Justice discussion and documentation shall be included
in Social Consequences, Section IV.B.1.h. (2) of the Design Approval Document,
as appropriate.
A. The Consultant shall briefly discuss the intent of EO 12898 and
the principles of Environmental Justice to provide the
necessary background information and an understanding of
what is required in the consideration of Environmental Justice.
This discussion will provide a basis for Section IV.B.1.h. (2)
of the standard Design Approval Document.
B. The Consultant shall provide descriptive information on the
general population served /or affected by the proposed project.
This should include identification of the race, color, national
origin, age and level of income of the overall population as well
as the existence of any minority and/or low-income populations
or communities.
C. The Consultant shall identify the beneficial and adverse
environmental consequences of the alternative(s) on the overall
population and on minority and/or low-income populations
or communities. This discussion of social impacts should follow the
guidance of FHWA Technical Advisory 6640.8A and in general, shall
include: relocation impacts, community cohesion, changes to
travel patterns, accessibility, safety issues, and other
environmental impacts or project results which could potentially impose a
disproportionate and adverse health or environmental impact on a
minority and/or low-income population.
D. The Consultant shall evaluate the impacts on the minority and/or
low-income populations, with respect to impacts on the overall population,
to determine if the alternative(s) will or will not cause a disproportionately
high and adverse human health or environmental effect on the
minority and/or low-income populations. This includes
not only consideration of individual impacts, but may be a combination
of smaller impacts that may result in cumulative effects that are ―high
and adverse‖. A statement regarding this determination should
be included in the environmental document.
E. The Consultant shall discuss measures for mitigation when the
project imposes major disproportionate adverse impacts on any
particular segment of the population. Mitigation measures
include avoidance, minimization, and if necessary, compensation. Project
development activities that demonstrate sensitivity to a specific
segment of the population, neighborhood, or community shall
be highlighted.
F. The Consultant shall document the level of involvement in the
decision making process that the affected minority and /or
low-income populations or communities have had as related to
alternative selection, impact analysis, and mitigation. The
Consultant shall discuss all proactive efforts conducted that will ensure
meaningful public participation from the overall population;
specifically, those activities that will increase outreach and expand
the opportunities for low-income and minority participation during
the project development process. The Consultant shall
indicate the position of the communities as related to decisions
made and identify the steps that will be taken to resolve any
controversy that exists.
G. The Consultant shall document the NYSDOT commitment to Title VI
of the Civil Rights Act which stipulates that no person in the United States
shall on the grounds of race, color, or national origin, be: excluded
from participation; denied the benefits of; or be subjected
to discrimination under any program or activity receiving federal
assistance.
5015 SEQRA Environmental Determination
[Include this subtask only if the project is SEQRA Non-TYPE II.]
The Consultant shall assist the State in preparing the DONSE or SEQRA EIS
Record of Decision by providing a reasoned explanation supporting the
determination for each relevant area of environmental concern. The State shall
sign and distribute the DONSE or SEQRA EIS Record of Decision, and shall
provide guidance on its specific content and format.
5020 Assistance with Permits and Certification
5021 Permits and certification
The Consultant shall assist the State in applying for the following permit(s) and
certification:
[List only those that apply.]
• Article 24 Freshwater Wetlands Permit
• Article 25 Tidal Wetlands Permit
• FHWA Executive Order 11990 Wetlands Finding
• U.S. Coast Guard Section 9 Permit
• U.S. Army Corps of Engineers Section 10 Permit (Indiv. or Nationwide)
• U.S. Army Corps of Engineers Section 404 Permit (Indiv. or Nationwide)
• NYSDEC Section 401 Water Quality Certification
• NYSDEC State Pollution Discharge Elimination System (SPDES) Permit
The Consultant shall assemble and submit to the State all specifically-required
information in a suitable form for obtaining each permit or certification. (This
information shall include, as necessary, special reports and other documentation
prepared under other tasks.)
The (Consultant) (State) shall prepare the required application forms.
The State shall obtain the permit(s) and certification from the regulatory agencies.
The State shall complete the Environmental Commitments and Obligations
Package for Construction (ECOPAC) form, per EB 99-055.
[Include the following sentence only if sole source aquifer review is likely to be
required.] The Consultant shall also provide all information necessary and in a
suitable form for Sole Source Aquifer review per Section 1424(e) of the Safe
Water Drinking Act.
[Task 5910 covers an environmental hearing, which rarely occurs. Include it if
one is expected.]
5030 Noise Study (Version 2008a)
[These tasks apply to all Type I projects as defined by 23 CFR 772 (the
Regulation) and all NEPA Class I and III or SEQRA Non-Type II projects. To
properly customize the subtasks, it is necessary to know whether the project meets
the Regulation’s definition of a Type I project, is a NEPA Class I or III, or a
SEQRA Non-Type II project. These factors determine which of the three noise
impact criteria to specify in Subtask 5035, and, in turn, whether or not to include
an abatement analysis as Subtask 5036. The instructions and guidance in brackets
may be deleted in the actual project scope and contract documents.]
The Consultant shall perform a noise study and document the findings as
specified below and in accordance with the requirements, instructions, and
guidance in Chapter 3 of the Environmental Procedures Manual (EPM). Also, see
―Essential Requirements‖ attached.
5031 Land Use Identification
A. The Consultant shall identify existing activities, developed lands, and
undeveloped lands for which development is planned, designed, and
programmed which may be affected by noise from the highway. The
Consultant shall determine existing land use along both sides of all roads
within the project study area and assign each land use area (rather than
each site or set of receptors) to a corresponding activity category listed in
Table 1 of the Regulation. And,
B. Within each area delineated above, the Consultant shall identify each
particularly sensitive individual noise receptor such as a school, church,
hospital, library, auditorium, park, or preserved natural area.
5032 Existing Level Determination
[Choose either item A or item B]
A. [For nearly all projects, especially a larger scale, more complex project, or
a project in an urban or suburban area,] The Consultant shall determine
the existing noise levels throughout the project study area by field Field
Measurement of Existing Noise Levels. The Consultant shall propose
appropriate measurement locations to the State for approval prior to
measurement. The Consultant shall compile the measurement results and
existing noise levels in a format acceptable to the State. Or,
B. [Where noise impacts and abatement are clearly not anticipated (rarely on
a very small project or a project in a rural area) and the State determines in
advance that existing levels may be calculated instead of measured] The
Consultant shall calculate existing levels throughout the project study area
in accordance with the FHWA Traffic Noise Model Version 2.5 (FHWA
TNM 2.5) and compile this information in a format acceptable to the State.
5033 Existing Level Comparison
The Consultant shall calculate existing traffic noise levels within the project study
area and compare these levels with the existing noise levels determined in Subtask
5032. These calculations shall use FHWA TNM 2.5 as specified in Subtask 5034.
The Consultant shall compile the results of this comparison and identify those
sites where the measured and calculated values differ by more than 3 dBA. In
those cases, the Consultant shall develop and recommend rational changes to the
model input (e.g. traffic, shielding, etc.) to resolve the differences. With the
approval by the State, the Consultant shall use the adjusted input information for
the predicted future noise levels calculated under Subtask 5034.
5034 Future Level Prediction
The Consultant shall calculate future traffic noise levels within the project study
area for each design alternative and the null alternative. These predictions shall
use FHWA TNM 2.5. In predicting noise levels and assessing noise impacts,
traffic characteristics which will yield the worst-case hourly traffic noise impact
on a regular basis for the design year shall be used. Traffic volumes, speeds, and
classifications (will be provided by the State) (will be provided by the Consultant
under Subtask 1183 of this scope of services.) The Consultant shall compile the
results of these predictions in a format acceptable to the State, either graphically,
i.e. noise contours or numerically in tabular form. [Choose one of the items in
parentheses. If the second Consultant option is selected, be sure that a Subsection
1100 is included to contain the Subtask.]
5035 Impact Determination
The Consultant shall determine the traffic noise impacts for each design
alternative and the null alternative. The Consultant shall quantify this
determination by providing the number of dwelling units and properties impacted
by both the activity type, i.e. residential, nonresidential, and other, and by each
design alternative and the null alternative.
For this project, a noise impact may occur wherever and whenever:
A. The predicted design year traffic noise level approaches within 1 dBA,
equals or exceeds the Noise Abatement Criteria (NAC) or substantially
exceeds the existing noise level by 6 dBA or more. [For a Type 1
highway project as defined by the Regulation including a 100% state
funded project meeting this definition.] Or,
B. The predicted design year traffic noise level substantially exceeds the
existing level by 6 dBA or more. [For a non-Type I highway project as
defined by the Regulation subject to NEPA or SEQRA.] Or,
C. The non-highway project (e.g. park and ride lots, bus facility, bridge
rehab, etc.) predicted noise level, due to the project itself, causes a noise
level increase of 3 dBA or more. [For a non-highway project subject to
NEPA or SEQRA]
[Choose the one applicable criteria option either Item A, or Item B, or Item C.]
It is tentatively assumed that a noise abatement analysis (will) (will not) be
required. [Assume that an abatement analysis will be required unless it is
reasonably clear that an impact will not likely occur or that abatement measures
will not likely be recommended. In this case, delete the following Subtask 5036.]
5036 Abatement Analysis
The Consultant shall examine and evaluate alternative noise abatement measures
to reduce or eliminate the noise impact for the impacted areas determined in
Subtask 5035.
A. The Consultant shall analyze the acoustical and cost effectiveness of the
various abatement measures and determine which measures are feasible
and reasonable. Abatement consideration is necessary where an impact
has been determined, and where frequent human use occurs and a lowered
noise level would be of benefit.
The Consultant shall recommend those specific measures that are feasible
and reasonable at specific locations. In addition, for those noise impacts
where no apparent solution is available, the Consultant shall discuss why
abatement will not be recommended.
Analysis of traffic noise abatement shall consider the feasibility and
reasonableness of each of the following measures:
Traffic management measures
Alignment alteration
Buffer zones
Public school insulation
Noise barriers
The Consultant shall use the FHWA TNM 2.5 to determine barrier heights
and lengths.
B. During Design Phase IV, the Consultant shall establish specific geometric
parameters, i.e. location, height, length, etc., as well as cost, to determine
which barriers will be further refined during detailed design. All
evaluation, recommendations, and documentation shall be as specified by
the NYSDOT Noise Analysis Policy (NAP) in the EPM.
The abatement analysis shall strive to achieve a substantial noise reduction
of 10 dBA or more. A minimum reduction of 7 dBA at the most benefited
receptor must be achieved in any event.
5037 Construction Noise
The Consultant shall analyze construction noise caused by the project and
recommend specific appropriate construction noise abatement measures for the
plans and specifications in accordance with the NAP. [For a large scale, complex
project, or a project in an urban or suburban area where severe construction noise
impacts and abatement measures are likely---] (The Consultant shall use the
FHWA Roadway Construction Noise Model (FHWA RCNM) Version 1.0 for the
analysis.)
5038 Local Coordination
A. The Consultant shall provide information for local government officials
regarding what noise levels to expect from the highway and what
techniques they can use to prevent future impacts in accordance with
guidance provided in the EPM. And,
B. The Consultant shall prepare appropriate informational material based on
the noise analysis and summarize the findings documented in the Noise
Study Report prepared under Subtask 5039. The informational material
shall be for presentation to the public at a meeting or hearing if anticipated
by the State.
5039 Noise Study Report
A. The Consultant shall prepare a Noise Study Report documenting the
results of the noise analysis, and include the Report as a technical
appendix to the project environmental document as well as a narrative text
for the noise portions of the document. The Consultant shall address the
points listed below in Subsection C. The Consultant shall prepare an
executive summary only if directed to do so by the State.
B. The Consultant shall submit _____ copies of the draft Noise Study Report
to the State for review. The Consultant shall revise the Report
per comments received from the State and submit _____ copies of a final
Report to the State for distribution.
C. Essential Requirements for Noise Study Reports –The Consultant shall
address the following:
1. Always Use Regulatory Language (23 CFR 772)
a. Use ―Regulation‖ rather than ―Standard‖.
b. Use ―Criteria‖ rather than ―Standard‖.
c. Use ―Study‖ for ―Study‖.
d. Use ―Analysis‖ for ―Analysis‖.
e. Use ―Determine‖ rather than ―Assess‖.
f. Use ―Developed‖ rather than ―Noise Sensitive‖.
g. Use ―Existing‖ rather than ―Ambient‖
h. Use ―Abatement‖ rather than ―Mitigation‖.
i. Use ―Volume‖ rather than ―Percentage‖.
j. Use ―Benefitted‖ rather than ―Protected‖.
k. Use ―Feasible‖ rather than ―Practical‖.
l. Use ―Reasonable‖ rather than ―Acceptable‖.
m. Use ―Recommended‖ rather than ―Proposed‖.
n. Use ―Significant‖ only for EA’s.
2. Quantify impact and abatement results in a table and include them
in the early portions of the Noise Study Report, the Environmental
Document, and the Executive Summary. The Impact Table should
be ―Land Use Activity by Alternative‖, and the Abatement Table
should be ―Barrier by I.L., D.U.’s, Cost and Recommendation‖;
3. Determine actual land use activity rather than using zoning or
vacant areas;
4. Measure each receptor site at least twice;
5. Obtain accurate traffic data, including speed and classifications;
6. The Traffic Noise Model (TNM) does not need to be calibrated or
validated;
7. Analysis Receptors should not be limited to Measurement
Receptor Sites;
8. Once impacts have been determined by substantial increase or
approach or exceed criteria, there is no need to further differentiate
the impact;
9. Report all data as integers;
10. Include ―Construction Noise‖ and ―Coordination with Local
Officials‖ sections in all reports;
Please feel free to consult the Environmental Procedures Manual (EPM), Chapter
3 for further guidance. For consultation, contact W. McColl in the
Environmental Analysis Bureau: (518) 457-2385 or wmccoll@dot.state.ny.us.
5040 Air Quality Study
The Consultant will ascertain and report the impacts of all design alternatives,
including the null alternative, on the air quality of the area containing the project
and influenced by it. The Consultant shall submit for prior State approval
proposed procedures for analyzing air quality impact. These procedures will be
consistent with the User's Guide to CAL3QHC, Version 2.0: A Modeling
Methodology for Predicting Pollutant Concentrations Near Roadway Intersections
(USEPA Publication EPA-454/R-92-006, November, 1992) and Guideline for
Modeling Carbon Monoxide from Roadway Intersections (USEPA Publication
EPA-454/R-92-005, November, 1992). The State will coordinate any necessary
submission of procedures to other agencies for approval.
Traffic volumes, speeds, and classifications will be provided by the (State)
(Consultant under Subtask 1183 of this scope of services [be sure to include a
Subsection 1100 containing this Task.].) The State shall approve in advance the
need for additional data collection or studies.
The Consultant shall initially determine if a CO microscale analysis is
necessary by following the steps in the NYSDOT Environmental Procedure
Manual, Chapter 1.1, Section 9. If it is determined from the screening that a
microscale analysis is not necessary, the standard
statement listed in EPM Chapter 1.1, Section 9, will suffice to
address the microscale air quality concerns.
5041 The State shall define the worst case meteorological conditions affecting air
quality projections. The Consultant shall investigate and advise the State as to
whether additional meteorological conditions must be applied in the analysis.
5042 The Consultant shall perform a corridor CO emissions analysis to define the
critical microscale analysis year. These emission calculations shall be made for
the estimated time of construction completion (ETC), ten years after ETC, and
twenty years after ETC. Calculations shall be made for each design alternative
and the null alternative. The critical year is the analysis year which results in the
highest emissions. These calculations shall be based on the Subtask 5041 traffic
data.
Calculations necessary to obtain emission factors shall be in accordance with the
U.S. Environmental Protection Agency publication AP-42, Compilation of Air
Pollutant Emission Factors -Second Edition, Mobile Source Emissions Model
(Latest Version).
5043 From a review of projected traffic volumes and relative receptor locations, the
Consultant shall select potential study sites. These shall include immediately
adjacent sites that would experience direct impact as well as sites near other
facilities significantly affected by the project. The Consultant shall obtain State
approval of the proposed study sites before proceeding with the analysis.
5044 For each design alternative and the null alternative, the Consultant shall conduct a
microscale analysis for carbon monoxide concentrations for peak hour traffic
volumes and 8-hour concentrations using an applicable persistence factor(s) for
the critical analysis year(s). This will be a worst-case analysis, performed in
accordance with the NYSDOT Environmental Procedures Manual and using the
specified emission factor tables and computer models (currently MOBILE 5A
emission factor tables and the CAL3QHC program; if necessary, the State will
provide the program and tables, along with user guidance).
The analysis will follow a tiered approach, with an initial Level I analysis of each
site, followed if necessary by a Level II analysis of each site for which predicted 1
hour or 8 hour CO maximums would exceed the Level I screening threshold.
5045 The Consultant shall assess the construction impacts of the project on the air
quality of the study area.
5046 The Consultant shall prepare an Air Quality Report identifying through text and
graphic presentation the impacts of each design alternative and the null alternative
on air quality. All impacts, whether adverse or beneficial, shall be included. This
report will be presented as a technical appendix to the DAD.
The report shall include a comparison to State and Federal Air Quality Standards,
and a discussion of the consistency of the project with the State Air Quality
Implementation Plan. The report shall include a description of the factors
considered in identifying the impacts and the methods used in data collection.
The State shall provide this description for all the data it provides.
5047 The Consultant shall submit a draft of this report to the State for preliminary
review.
5048 The Consultant shall revise the draft report to incorporate the State’s review
comments before including it in the DAD.
5050 General Ecology and Endangered Species
General Ecology (Subtasks 5051-5053)
5051 The Consultant shall conduct a field investigation to determine existing terrestrial
and aquatic ecological characteristics in the project area, including (but not
limited to):
• General terrain
• Major hydrologic features
• Habitat types (e. g., field, shrublands, hardwood forest, wetland,
agricultural land)
• Relative abundance of each habitat type
• Expected characteristic plant species associated with each habitat type
• Expected characteristic fish and wildlife (i. e., typical fish, mammal, bird,
amphibian, and reptile species known or expected to occur in
the project vicinity)
5052 The Consultant shall evaluate the nature, extent, and significance of potential
impacts (including impacts during construction) of each project alternative on
fish, wildlife, and habitat. This analysis shall include general determinations of
the amount and type of vegetation to be disturbed, special habitats that might be
damaged, and possible interruption of fish and wildlife movements (e. g.,
blockage of fish movement through culverts, interruption of deer movement by
fences).
5053 The Consultant shall determine appropriate avoidance, minimization of harm, and
mitigative measures to compensate for project impacts.
5054 Endangered and Threatened Species Determination
Based on the results of agency contacts, and following NYSDOT Environmental
Procedures Manual procedures, the Consultant shall determine presence or
absence of endangered, threatened, or rare species within the project boundaries,
assess potential impacts of each design alternative on such species and their
habitats, and as necessary determine measures for avoidance, mitigation, and
minimization of harm.
[An endangered and threatened species survey is usually not warranted. If not
warranted, end Task 5050 here. If warranted, continue:]
Endangered and threatened species survey (Subtasks 5055-5058)
The Consultant shall conduct an endangered and threatened species survey,
following the steps below. This work shall be conducted by or under the direction
of a qualified biologist/ecologist with knowledge and understanding of the species
and habitat needs.
The State shall conduct an initial screening, contacting involved state and federal
fish and wildlife resource agencies and determining the presence of specific
endangered and threatened species and their availability of potentially suitable
habitat within the project boundaries. The State shall provide the Consultant with
copies of relevant correspondence and other information received from the federal
and state agencies.
5055 Study design
Using agency input (obtained as part of Subtask 5053) the Consultant shall design
a study of the endangered and threatened species and habitat identified in the
initial screening. It shall include a field survey, and shall consider species habitat
needs, habitat availability within and adjacent to the project boundaries, and the
appropriate season(s) to conduct the field survey.
The Consultant shall submit the study design to the State for approval prior to
conducting the survey.
5056 Field survey
Upon receipt of State approval of the study design, the Consultant shall conduct a
field survey for the potential species of concern, consistent with the Subtask 5055
study design. It shall include (as appropriate):
A. A thorough search for the endangered and threatened species in potentially
suitable habitat within the project boundaries.
B. Evaluation(s) of potentially suitable habitat to determine the capability of
the project area to support the endangered and threatened species.
5057 Analysis
The Consultant shall assess the potential for each design alternative to adversely
affect the species of concern, and shall evaluate appropriate project modifications
that would avoid, minimize, or mitigate potential project impacts and meet the
concerns of involved state and federal agencies.
5058 Endangered and Threatened Species Report
B. The Consultant shall prepare an Endangered and Threatened Species Report,
which shall become a technical appendix to the DAD (and summarized in the
text as part of the Task 5010 Subtasks). It shall discuss:
• The initial site screening findings, including correspondence from
state and federal resource agencies regarding the
potential for the project to adversely affect an endangered
or threatened species.
• Likely habitat requirements and range of each endangered or
threatened species
• Known presence of endangered and threatened species in vicinity
of project field survey results, including observation
of sign or sighting of endangered or threatened species and
location(s) and description(s) of species habitat(s) within
the project boundaries
• The potential for the project and each design alternative to
adversely affect the endangered or threatened species
• Avoidance, minimization, and mitigation measures to compensate
for potential project impacts
D. The Consultant shall submit a draft of this report to the State
for preliminary review.
E. The Consultant shall revise the report to incorporate the State’s review
comments before including it in the DAD.
5060 Surface Water Identification and Evaluation
5061 The Consultant shall conduct a field investigation to determine the general
characteristics of all bodies of surface water within and adjacent to the project,
including named and unnamed tributaries, streams, creeks, rivers, ponds, lakes,
wetlands, and special aquatic sites (as defined in Section 404 of the Clean Water
Act).
5062 The Consultant shall determine the New York State Department of Environmental
Conservation (NYSDEC) surface water classification for each body of water,
pursuant to 6 NYCRR Part 701. (The NYSDEC has a classification list for each
stream.)
5063 The (State) [delete subtask number] (Consultant) shall determine the COE Section
404 Individual and Nationwide Permit requirements for construction activities
within the water bodies.
5064 For each project alternative the Consultant shall evaluate the effects of
construction activities and project changes on surface water bodies, including (but
not limited to):
• Discharge of dredged or fill material
• Dredging in stream bed or bank
• Fill
• Erosion and sedimentation
• Stream realignment
• Reduction of canopy cover
• Water temperature increases due to removal of stream bank vegetation
• Changes in runoff
• Accidental toxic spills
5065 The Consultant shall evaluate appropriate avoidance, minimization, and
mitigation measures to compensate for surface water quality impacts, including
erosion and sediment control practices proposed in the vicinity of surface waters.
5070 State-regulated Wetlands
All wetlands studies for state-regulated freshwater wetland permit application
purposes shall be performed to support findings required by:
• 6 NYCRR Part 663.4, Regulatory Procedures
• 6 NYCRR Part 663.5, Standards for Issuance of Permits and Letters of
Permission
[If within the Adirondack Park, add:]
• Adirondack Park Agency Rules and Regulations, Part 578
[If tidal wetlands are involved, include the following sentence.]
All wetlands studies for state-regulated tidal wetland permit application purposes
shall be consistent with 6 NYCRR Part 661.
The Consultant shall investigate types, locations, and extent of state-regulated
wetlands (as indicated on the state wetlands map) in the project area, as follows:
5071 The (State) [delete subtask number] (Consultant) shall initially determine
requirements for state permits for activities in wetlands, including Article 24
permits for state- regulated freshwater wetlands and Article 25 permits for state-
regulated tidal wetlands.
5072 The (State) [delete subtask number] (Consultant) shall review [include only
applicable maps] NYSDEC Freshwater Wetlands Maps, APA Freshwater
Wetlands Maps, and NYSDEC Tidal Wetlands Maps to identify locations of
state-regulated wetlands in the project area.
5073 The State shall arrange for the NYSDEC [if within the Adirondack Park include
APA:] or the Adirondack Park Agency (APA) to conduct a field delineation of the
state-regulated wetland boundaries. The Consultant shall be present at this field
delineation.
5074 From field observations and wetland classification sheets (available from the
NYSDEC regional office) the Consultant shall determine wetland characteristics
of each delineated wetland, including:
• Approximate total wetland area
• Approximate wetland area within existing or proposed right-of-way
• Wetland cover types (e. g., forested wetland, scrub-shrub
wetland, emergent marsh, wet meadow, bog)
• NYSDEC wetland classification(s)
• Dominant plant species
• Probable wetland functional values (e. g., flood flow alteration, nutrient
removal, wildlife habitat).
5075 The Consultant shall identify and determine the nature, extent, and significance of
wetland impacts of each project alternative by identifying type(s) of impacts
expected from construction activities and project changes, identifying affected
acreage of regulated wetland and regulated adjacent area--i.e., within 100 feet of
the delineated freshwater wetland boundary [if tidal add:] and within 300 feet of
the tidal wetlands boundary--and assessing resultant potential impact on
functional values.
5076 The Consultant shall assess appropriate avoidance, minimization, and mitigation
measures to compensate for losses to regulated wetlands and adjacent areas.
This analysis shall be sufficient to demonstrate that the proposed action
includes all practicable measures to minimize harm to the regulated
wetlands and adjacent areas.
5080 Federal-jurisdictional Wetlands
5081 Field delineation
Based on (at a minimum) a map review and a site visit, the State shall identify and
provide the Consultant with general wetland locations. The Consultant shall
perform a field delineation to determine the federal-jurisdictional wetland
boundaries of all wetlands in the project area and proposed mitigation site(s). It
shall be based on the presence of hydrophytic vegetation, wetland hydrology, and
hydric soils, as outlined in the Corps of Engineers Wetlands Delineation Manual
(Environmental Laboratory, 1987). The Consultant shall employ the "Routine
On-site Inspection Methodology" (or, where appropriate, one of the specified
alternative procedures) set forth in this manual.
The wetland field delineation shall be performed by an individual or individuals
trained in the three-parameter methodology adopted by the Corps of Engineers as
set forth in the above manual or in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands (Federal Interagency Committee for Wetland
Delineation, 1989). The field delineator(s) shall have at least two years of
experience in wetland field delineations employing this method. The Consultant
shall submit documentation establishing these credentials to the State for
concurrence prior to performing the wetland field delineation.
The Consultant shall perform the wetland field delineation at a time of year when
soil samples may be collected (i.e., when the upper 18" of soil is not frozen) and
there is sufficient alive or persistent vegetation cover to reasonably make a
wetland determination. In most regions of New York State, field delineation is
limited to the period between March 15 and November 15; the Consultant shall
submit justification to the State and obtain prior State approval for any field
delineation work to be performed outside of this time frame.
5082 Wetland and Vegetation Community Map(s)
The Consultant shall prepare a wetland map from the project base mapping. The
wetland mapping may be field mapping with offsets, survey by using GPS, or
survey under the direction of a licensed land surveyor.
5.0821 Field Mapping with Offsets
The Consultant shall measure the perpendicular offset from the edge-of-pavement,
or other mapped feature, to flag locations along the wetland lines for federally-
regulated wetlands and plot the flag locations onto the base map. The number of
flags and/or interval between measured flags will be determined in the field based
on the complexity of the wetland boundary, the total length of wetland line and the
availability of mapped features. Intervening flag locations will be estimated and
drawn on the field map.
The State shall supply the Consultant with a base map for use as a field map. The
Consultant shall supply the State with a copy of the field map with the approximate
wetland boundaries with representative wetland flag locations. No survey of the
flags is planned at this time.
5082.2 Survey Map using Global Positioning System (GPS)
GPS survey services must be performed under the direction of a licensed land
surveyor to assure proper survey location of boundary lines, flagging, data points
and other feature attribute data, and for confidence in post-processing of data.
In addition, if the consultant will use GPS for mapping/survey services, they must
have prior experience using GPS/GIS code phase receivers with post processed
sub-meter accuracy output. Experience must include the collection of feature
attribute data and development of data dictionaries. Understanding of GPS/GIS
interface is recommended. There is no training or required methodology approach
required for GPS users, therefore, consultant should submit length of time
employees have been using GPS technology.
Data must be collected and post-processed in a format compatible with the
Departments CADD and GIS programs, and be ready for Department use in an
acceptable medium.
This map shall depict and label the federal-jurisdictional wetland boundaries, field
sampling points, photograph locations and directions, project limits, existing roads
and bridges, and hydrologic features (e.g., streams and ponds). The Consultant
shall also depict the major wetland and upland vegetation communities in the
project area. This shall be done either on the wetland map (if readable when
reproduced) or on a separate vegetation community map.
5082.3 Survey Map by Traditional Methods
Any traditional field survey work must be conducted under the direction of a
licensed land survey.
This map shall depict and label the federal-jurisdictional wetland boundaries, field
sampling points, photograph locations and directions, project limits, existing roads
and bridges, and hydrologic features (e.g., streams and ponds). The Consultant
shall also depict the major wetland and upland vegetation communities in the
project area. This shall be done either on the wetland map (if readable when
reproduced) or on a separate vegetation community map.
5083 Wetland Delineation Documentation
The Consultant shall prepare the appropriate documentation for the wetland
delineation, based on level of complexity and permitting issues. [The Consultant
Shall discuss this with the State’s REC if uncertain as to which documentation is
necessary]
5083.1 Wetland Delineation Documentation Packet
The Consultant shall prepare a wetland delineation documentation packet for
transmittal to the State for its use. This documentation packet shall include a brief
description (2 to 3 pages) of the following items:
general site ecology (soils, hydrology, and vegetation)
wetland delineation methodology
summary table of wetland types, functions and values based on best
professional judgment
data sheets
photographs (labeled on back and keyed to plan)
field delineation map
This map shall depict and label the federal-jurisdictional wetland boundaries, field
sampling points, photograph locations and directions, project limits, existing roads
and bridges, and hydrologic features (e. g., streams and ponds). The Consultant
shall also depict the major wetland and upland vegetation communities in the
project area. This shall be done either on the wetland map (if readable when
reproduced) or on a separate vegetation community map.
5083.2 Wetland Delineation Report
The Consultant shall prepare a wetland delineation report for transmittal by the
State to the USACE. This report shall include narrative describing:
• Site ecology
• Methodology employed and sampling results
• Wetland characteristics
• Rationale for determination of wetland boundaries
• Nature of wetland impacts, including loss of wetland functions and
benefits
• Avoidance, minimization of harm, and mitigation measures to compensate
for impacts
• Results and conclusions
Attachments shall include:
• Site location map (1:24000 scale)
• Available wetland maps (NYSDEC Freshwater Wetlands Maps; National
Wetland Inventory Maps)
• County Soils Map (if available)
• Wetland and vegetation community map(s) prepared under Subtask 5082
• Photocopy of aerial photo (if available)
• Plan depicting project site and affected areas within wetland boundary,
distinguishing between cut (dredging) and fill areas
• Photographic log keyed to photograph locations on wetland map
• Names and résumés of report preparers and field delineators
• List of references used
5084 The Consultant shall submit a draft report to the State for review.
5085 The Consultant shall revise this report to incorporate State review comments, and
shall resubmit it to the State for transmittal to the USACE.
Wetlands Finding Letter, EO 11990 (Subtasks 5086-5088)
[Include subtasks 5086-5088 only if the project is federally funded.]
5086 The Consultant shall prepare a brief Executive Order (EO) 11990 Wetlands
Finding Letter for the State to submit to the FHWA for signature. The State shall
provide format guidance. The Consultant shall clearly establish in the letter that
there is no practicable alternative to encroachment on the wetland, and shall
discuss all practicable measures that would be implemented to minimize harm to
the wetland.
5087 The Consultant shall submit a draft of this letter to the State in draft form for
review.
5088 The Consultant shall revise the letter to incorporate State review comments, and
shall resubmit it to the State for transmittal to the FHWA.
The State shall ensure that the public notification requirement has been satisfied.
5090 Wetland Mitigation
[Include Task 5090 only if it is assumed that the project will include one or more
separate mitigation sites. If necessary contact the REC to determine this.]
5091 Mitigation Goals and Objectives
To compensate for permitted unavoidable wetland losses, the Consultant shall
establish mitigation goals and objectives and propose a conceptual compensatory
mitigation plan including specific mitigation site(s). The Consultant shall
coordinate closely with the State to ensure that the wetland mitigation proposed is
consistent with the project goals and objectives and works within the project
constraints.
The Consultant shall establish the mitigation goals as part of the conceptual
wetland mitigation planning. The goals shall relate to the functions and values of
the impacted wetlands and the proposed compensatory mitigation wetlands, and
shall be expressed in terms that can be quantified and field-measured. They will
form the basis for determining the relative success or failure of the mitigation
efforts.
5092 Conceptual Wetland Mitigation Analysis
The Consultant shall analyze how the proposed mitigation site(s) would
compensate for unavoidable wetland impacts. Mitigation may include, but is not
limited to, best management practices, restoration of temporary fills or work
areas, wetland restoration, on-site and in-kind replacement, off-site replacement,
habitat enhancement, or mitigation banking. Detailed site plans and specifications
are not required at this stage; they will be developed in detailed design from this
conceptual plan.
The analysis shall include:
• Providing basic information for the proposed mitigation site(s), including
existing plant, soil and hydrologic characteristics. The Wetland
Delineation Report shall provide the basic information on the impacted
wetland.
• Confirming the suitability of the mitigation site(s) and establishing how
(it) (they) would replace the lost functions and values of the impacted
wetland. Characterization of these functions and values shall be either by
best professional judgment based on consultation with the involved
agencies or by another approved method (e. g., WET 2.0, HEP, or HGM
software).
• Determining how the water regime will be established at the mitigation
site(s) and whether vegetation will be re-established by natural
revegetation or by plantings.
• Identifying any constraints and limitations of the proposed mitigation
site(s), including those related to land availability, borrow suitability,
probable excavation quantities, construction liabilities, and hydrological
limitations.
• Determining when the wetland mitigation construction would occur within
the overall project construction schedule and sequence of operations.
• Demonstrating compliance with state and federal guidelines for
mitigation.
5093 Conceptual Wetland Mitigation Site Plans
The Consultant shall develop conceptual plans of the proposed mitigation site(s)
and (its) (their) relation to the project and submit____ copies. These plans shall
show:
• Proposed mitigation wetland type
• Locations of potential mitigation site(s)
• Relation(s) of the mitigation wetland(s) to the entire project site, including
surrounding wetlands, uplands and water courses
• Wetland footprint
• Acreage of the impacted wetland and the proposed mitigation site(s)
• Proposed elevations
• Inlets and outlets
• Side slopes and proposed water depths
• Basic plant communities
• Simple details
5094 Detailed Design of Wetland Mitigation Site
During Detailed Design (Phases V and VI), the Consultant shall develop specific
wetland mitigation site plan drawings, details, notes and written specifications to
become part of the contract bid documents. They will be pursuant to and
consistent with the goals and objectives of the conceptual wetland mitigation plan.
The drawing(s) shall show:
• Proposed wetland location, size and configuration
• Proposed grading at one foot contours
• Temporary and permanent erosion and sediment control practices
• Proposed planting locations and water control structures, as appropriate.
Supporting notes, tables and specifications shall describe planned mitigation
materials and techniques, the construction sequence, and at what point the
wetland mitigation construction will take place within the overall project
construction schedule and sequence of operations.
The detailed design (Phases V-VI) tasks described in Section 6000 shall apply.
Wetland Monitoring Plan (Subtasks 5095-5097)
5095 The Consultant shall develop a proposed Wetland Monitoring Plan during
Detailed Design (Phases V-VI) and submit ______ copies in advance of
negotiations with the permitting agencies. It shall include certain parameters set
by the State (e.g., the number of years of monitoring required, the number of
reports per year and the seasons during which the wetland must be evaluated each
year). The State shall negotiate these parameters with the permitting agencies,
after which they will be incorporated into the permit conditions.
The plan shall propose wetland characteristics to be monitored, such as:
• Changes in hydrologic conditions
• Establishment and growth of vegetation
• Development of hydric soils
• Use of the site by fish and wildlife.
It shall specify factors to be assessed, such as:
• Influences of climatic and seasonal variations
• Human intrusion
• Damage by wildlife
• Off-site influences that may adversely affect the wetland
5096 The Consultant shall provide ______ copies of this plan in draft form to the
State for preliminary review.
5097 The Consultant shall revise the plan per State review comments, and shall
resubmit the revised plan to the State.
5100 Navigable Waters
5101 The Consultant shall determine the nature, extent, and significance of the impacts
of the project on U. S. Army Corps of Engineers-defined and U. S. Coast Guard-
defined navigable waters of the United States. The Consultant shall identify the
nature and extent of all activities requiring U.S. Army Corps of Engineers Section
10 and U. S. Coast Guard Section 9 permits.
5102 The Consultant shall evaluate appropriate avoidance, minimization of harm, and
mitigation measures to compensate for project impacts on navigable waters.
5110 Coastal Zone Management
[Include this task only if (1) the project is wholly or partially in the state's
designated coastal area or (2) a federal action outside the coastal area but
affecting it. Contact the REC for a determination. Coastal areas are shown on N.
Y. S. Department of State Coastal Area Maps or on any approved or pending
Local Waterfront Revitalization Program maps.]
5111 The Consultant shall establish whether and how the preferred alternative is
consistent with or advances each applicable coastal policy of the Department of
State's (DOS) 44 coastal policies, including where applicable those in Local
Waterfront Revitalization Program (LWRP) areas.
5112 The Consultant shall prepare a Coastal Assessment Form (CAF) or (as
appropriate) a Federal Coastal Assessment Form (FCAF) [*], and submit the
form(s) to the State. [*Check with the REC regarding the FCAF. Include it only
if the project will require federal permits other than COE Section 10 and 404
Nationwide Permits and if the COE and State (DEC & DOS) conditions can be
met.]
5113 [Include this subtask only for a federal aid project requiring no federal
permits.] The Consultant shall prepare and submit to the State a Federal Aid
Notification (FAN) Letter as indicated in the NYSDOT Environmental
Procedures Manual.
5120 Wild, Scenic, and Recreational Rivers
[Include this task only if the project is within ½ mile of a river segment listed in
the state or federal wild, scenic, and recreational river inventories.]
5121 The Consultant shall assess whether or not the work of the project will affect the
free-flowing characteristics of the involved river segment, or will affect qualities
of the river segment that pertain to its present (federal inventory classification)
(state inventory designation) (federal inventory classification and state inventory
designation).
5122 [Include only if any portion of the affected river segment is on private lands
within the Adirondack Park:] The Consultant shall evaluate the use of special
materials (e.g., wood, stone, and colored or textured concrete) appropriate and
necessary to obtain an approved Section 814 Order from the Adirondack Park
Agency.
5130 Surface Water Quality
5131 [A Section 401 WQC is required only if the project needs a federal permit (e.g.,
COE Section 10 or 404,). Include this subtask only if the need for an individual
WQC has been established or has not yet been determined.] The Consultant shall
determine whether the project qualifies under a blanket Section 401 Water
Quality Certification (WQC) (for certain COE Section 10 or 404 Nationwide
Permits) or an individual WQC is required.
Storm water management and erosion control (subtasks 5132-5136)
5132 The Consultant shall identify drainage basins existing within or adjacent to the
project site. Using this and the surface water information obtained under Task
5060 [be sure to include Task 5060], the Consultant shall determine how the
existing soils, vegetation, topography, climate, and seasonal nature of the
proposed construction may affect the potential for erosion and sedimentation.
5133 For each design alternative, the Consultant shall assess potential sources of
surface water pollution from construction activities and from motor vehicle use of
the completed project. [Add the following sentence only for projects requiring an
EIS or likely to invoke significant public controversy concerning water quality
issues.] This shall include analyses performed in accordance with both the Toler
Method and FHWA Pollutant Loadings and Impacts from Highway Stormwater
Runoff, 1990.
5134 The Consultant shall assess temporary and permanent measures and practices that
may be used to avoid or minimize and control soil erosion, sedimentation, and
surface water pollution during and after construction.
[Include subtasks 5135, 5136, and 5137 below only if assuming that a State
Pollutant Discharge Elimination System (SPDES) or (National)
NPDES Permit will be required. The Department must comply with
the most recent SPDES General Permit for Stormwater Discharges
from Construction Activity (GP-02-01), issued by NYSDEC for all
projects disturbing greater than or equal to one acre of soil.]
5135 The State/Consultant shall determine whether a SPDES or NPDES Permit will be
required. It is assumed that a permit will be required. [For projects with Letting
Dates on or after January 15, 2004, and soil disturbances over one acre, include
the following.]
The State shall file any required "Notice of Intent" with the NYSDEC or EPA, as
appropriate.
5136 The Consultant shall develop a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with the New York State Stormwater Management Design Manual,
(NYSDEC, October 2001) and submit ( ) copies of the draft SWPPP to the State
for review. [For projects where application of NYSDEC SWPPP Technical
Standards is clearly unreasonable, the Consultant shall propose a SWPPP with
―acceptable deviations‖ from the Technical Standards.]
We assume that application of NYSDEC Technical Standards is reasonable.
The SWPPP will be composed of erosion and sediment control practices
appropriate for the project, and where applicable, stormwater management
practices (refer to NYS Stormwater Design Manual). The Consultant shall
review the NYSDOT/NYSDEC MOU (in the Environmental Procedures Manual )
to determine whether on-site control of "first flush", peak flow attenuation, or
control of thermal discharge to cold water fishery streams is required.
[Include the following only if assuming that on-site control will be required.] It is
assumed that on-site control will be required. The Consultant shall assess
appropriate measures to capture on site the first flush (1/2") of rainfall from all
surfaces made more impervious by the project, attenuate peak flow, and control
thermal discharges to cold water fishery streams.
5137 The Consultant shall revise the draft SWPPP per State comments and submit
(__) copies of a final SWPPP to the State.
5140 Ground Water Quality
All ground water quality studies shall follow NYSDOT Environmental
Procedures Manual procedures and shall provide sufficient information for sole
source aquifer review per Section 1424(e) of the 1974 Safe Drinking Water Act.
5141 From available literature the Consultant shall compile data on the groundwater
regime of the project area, including water table elevations and aquifer recharge
areas.
5142 The Consultant shall determine whether the project is situated over or drains to
the recharge area of a federal sole source aquifer, a NYSDEC- designated
principal or primary aquifer, or a private or municipal water supply well.
5143 For each aquifer and well found to be present, the Consultant shall determine its
designation, size, location, and importance to the community.
5144 The Consultant shall plot the location and boundaries of each aquifer and well on
an appropriate map of the project area.
5145 The Consultant shall assess the potential positive and negative impacts of each
design alternative on the aquifers and wells, including impacts from changes in
surface and subsurface drainage, future motor vehicle use, highway maintenance,
and construction activities.
This shall be a qualitative assessment of groundwater quality and flow, with
particular emphasis on changes in water table elevations and the possible
influence of these changes on vegetative patterns, as well as the impacts of project
runoff (e. g., de-icing salts) on groundwater quality.
5146 The Consultant shall assess measures to avoid, minimize, or mitigate all potential
contamination or other negative impacts to the aquifers and wells, both during and
after construction. This shall include an assessment of spill prevention and
response during construction.
5147 [Include this subtask only if aquifers or wells are present and the project involves
new highway construction, pavement widening, or the construction of additional
travel lanes in an area where de-icing chemicals are used for winter snow and ice
control.]
The Consultant shall conduct a Toler Analysis to assess the impact of the use of
de-icing salts on ground water quality.
[Include subtasks 5148 and 5159 below only if the project is in a Special Groundwater
Protection Area (SGPA) (Nassau and Suffolk Counties).]
5148 For part(s) of the project located within a Special Groundwater Protection Area
(SGPA) within Nassau or Suffolk Counties, the Consultant shall prepare a map
showing the boundary (ies) of the SGPA(s) with respect to the project.
5149 Using the latest FHWA-approved predictive methodology, the Consultant shall
determine the vehicle pollutant characteristics in highway drainage runoff and
analyze the effect of this on groundwater quality. This analysis will be performed
for each design alternative and shall include a summary of the qualitative impacts
on groundwater.
5150 Flood Plain Evaluation
The Consultant shall perform a Flood Plain Evaluation for the project in
accordance with the NYS Department of Environmental Conservation Flood Plain
Management Criteria for State Projects 6 NYCRR Part 502 and Federal Highway
Administration FAPG 23 CFR 650A.
For existing conditions and for each design alternative, the State shall provide the
Consultant with the hydraulic information on which to base this evaluation. This
shall include the water surface elevations for the Design Flood (Q50), the Basic
Flood (Q100), and any other flood information necessary for existing conditions
and all design alternatives. [Add the following sentence only if the Flood Plain
Evaluation will be included in the DAD:] The Consultant shall provide advance
information on design alternatives sufficient for the State to develop this
hydraulic information.
The evaluation shall be at a level of detail commensurate with flood plain
encroachment risks and other social, economic, and environmental concerns. It
shall consider the effect of existing flood control channels and levees and the
project’s impact on existing coastal management plans prepared by state or local
governments. It shall be consistent with the coastal zone impact analysis
performed under Task 5110.
5151 The Consultant shall determine the flood plain boundaries of the 100 year flood
for existing conditions and for each design alternative.
5152 For each design alternative the Consultant shall determine the magnitude of (and,
at appropriate locations, the approximate probability of exceeding the water
surface elevation and velocity associated with) the following:
• The base flood or the flood that would overtop the highway
(whichever is greater)
• (where overtopping is not practical) the greatest flood that
can be accommodated by highway drainage structures
5153 The Consultant shall analyze and evaluate the specific roadway features of each
design alternative regarding:
• The risks associated with implementation of the action
• The impacts on natural and beneficial flood plain values
• The support of probable incompatible flood plain developments
• Avoidance, minimization, and mitigative measures, including avoidance
alternatives considered and rationale for their nonfeasibility
5154 The Consultant shall document the subtasks 5151-5153 determinations and
analyses in a Flood Plain Evaluation report. This report shall support the "Only
Practical Alternative Finding" of FHPM 6-7-3-2 for a significant encroachment.
It shall include:
• The reasons for locating project in the flood plain
• The avoidance alternatives considered and their nonfeasibility
• A statement indicating whether the action conforms to applicable state or
local flood plain protection standards
5155 The Consultant shall transmit a draft of the Flood Plain Evaluation to the State for
review.
5156 The Consultant shall revise the Flood Plain Evaluation to incorporate the State
review comments and resubmit it to the State [If it will be included in the DAD,
add:] in the DAD as a technical appendix.
5160 Cultural Resources
[Include this Task only if a cultural resource survey is necessary and isn't being
done by others (e. g., the New York State Education Department). Check
with the Regional Cultural Resource Coordinator to determine this. (Contact the
Environmental Analysis Bureau if necessary to find out who this is.)]
The Consultant shall perform a Cultural Resource Survey of the project. All
study limits shall be defined or approved by the State in advance. The work shall
comply with:
• [applies only to a federal-aid project:] the requirements for the
protection of the nation's cultural resources as mandated by Section 106
of the National Historic Preservation Act of 1966, the
amended Procedures for Historic and Cultural Properties as set forth in 36
CFR Part 800 and associated guidance, the National Environmental Policy
Act of 1969, Executive Order 11593, and the Archaeological and Historic
Preservation Act of 1974.
• [applies only to a 100% state funded project:] the New York State
Historic Preservation Act (including associated guidance)
and the requirements of the New York State Office of Parks,
Recreation, and Historic Preservation (OPRHP).
• the current New York State Education Department's (SED) Work Scope
Specifications for Reconnaissance Survey and Site Examination (SED
work scope) [The Environmental Analysis Bureau will provide a copy
of the SED work scope upon request.]
• the current Cultural Resource Survey Report format (provided by
the State).
All persons performing or supervising cultural resource survey work shall qualify
under the appropriate professional qualification standards set forth in the
Secretary of the Interior's Professional Qualification Standards (48 CFR Part
44738-9).
5161 The Consultant shall conduct a comprehensive preliminary literature search to
identify cultural resources within the project area which are listed on or
nominated to the National Register of Historic Places, as well as other cultural
resources that may be of or cultural significance. This shall include site files,
historic maps, documents, and other records at the following sources: [List only
those that apply.]
• New York State Office of Parks, Recreation, and Historic Preservation
(OPRHP)
• New York State Education Department (SED)
• New York State Library and Archives
• Universities
• Local and county museums and libraries
• Local and county historians
• Historical societies
5162 Based on the above research the Consultant shall develop a prehistoric and
historic overview, locate existing resources, and predict the location of potential
archaeological sites.
5163 Based on the Subtask 5161 research the Consultant shall develop an appropriate
research design for testing the project area, and shall obtain State approval of this
research design before proceeding with the field reconnaissance survey.
5164 The Consultant shall conduct a reconnaissance field survey to locate and
document historic properties (archeological sites, buildings, structures, objects
and districts) within the study area. This shall include:
• Interviews with residents and an inspection of the entire project area to
verify reports, assumptions, and predictions about the presence of cultural
resources
• Color photographs and descriptions of all buildings or other structures
• Subsurface testing in accordance with the Subtask 5163 research design
The Consultant shall coordinate field operations with the State before entering
private lands.
The Consultant shall identify each archeological site requiring a site examination
to provide the data needed for the SHPO/OPRHP determination. The State shall
confirm the need for the site examinations and authorize the Consultant to
proceed with Subtask 5165.
5165 Intensive Survey (Site Examination)
Upon receipt of State authorization to proceed, the Consultant shall conduct an
intensive survey to examine in detail each archeological site of importance
impacted by the design alternatives and requiring a site examination, as identified
under Subtask 5164.
The Consultant shall determine the boundaries of the site, its age, affiliation,
function, integrity, and potential to yield culturally important information.
The Consultant shall also determine the likelihood of the site extending beyond
the project limits. This shall be accomplished by field observation and analysis of
environmental variables, and not by conducting any testing outside the project
area.
5166 Cultural Resource Survey Report
The Consultant shall prepare a Cultural Resource Survey report in the current
format (provided by the State) describing all work done, including but not limited
to the preliminary search, reconnaissance survey, and intensive survey. The
report shall contain sufficient information on the cultural resources in the project
area to enable the SHPO/OPRHP to determine National Register eligibility. It
shall include:
• Descriptions of all archaeological sites, buildings, and other structures
• Color photographs keyed to a project map Location and historic maps.
• Plans showing the relationship of the findings to the design alternatives
• A discussion of the impact of each alternative on cultural resources.
• An appendix listing all sources, summaries of interviews, bibliography,
artifact inventories, and a shovel test summary
5167 The Consultant shall submit a draft of this report for preliminary review by the
State.
5168 The Consultant shall revise the Cultural Resource Survey Report to incorporate
State review comments and resubmit it (with original colored photographs) to the
State for review by the SHPO/OPRHP.
5169 [Include this Subtask only if the project has federal involvement and if assuming
no adverse effect. (If assuming there will be an adverse effect, omit this
Subtask and substitute Task 5920.)]
It is assumed that the SHPO will determine that the project will have no adverse
effect. Upon receipt of the SHPO notification, the Consultant shall prepare
summary documentation as described in 36 CFR Part 800.8(a).
[Data recovery occurs very rarely and is covered under Task 5930.]
5170 Programmatic Section 4(f) Evaluation
[A Section 4(f) evaluation is required whenever an FHWA action will result in the
"use of land from a significant publicly owned park, recreation area, or wildlife
and waterfowl refuge, or any significant historic site". For a bridge project
requiring a Coast Guard permit, Section 4(f) may be applicable even
if the project is 100% State funded.
If a Section 4(f) evaluation is required, it will be either a programmatic evaluation
(this Task) or a full evaluation (Task 5180), but never both.
A programmatic evaluation does not apply to a project that requires the
preparation of an EIS.
The Region Environmental Contact can advise on which (if any) of the following
four programmatic evaluations apply: 1) a project that uses historic bridges;
2) a project that uses minor amounts of land from public parks, recreation areas,
and wildlife and waterfowl areas; 3) a project that uses minor amounts of
land from historic sites; and 4) a bikeway or pedestrian walkway project.]
5171 The Consultant shall review the applicability of (the four programmatic
evaluations) (the following programmatic evaluation(s): [specify those that
apply]). The Consultant shall recommend to the State and the State shall
determine which (if any) evaluation(s) apply.
5172 Upon receipt of the State determination the Consultant shall perform the analyses
required to support it.
5173 The Consultant shall prepare the required supporting documentation in a format
specified by the State. [Include the following sentence if historic properties on or
eligible for the National Register of Historic Places are involved, in which case
Section 106 documentation, done beforehand, is used to complete the Section 4(f)
documentation:] It shall be consistent with and based on Section 106
documentation prepared beforehand [choose one of the following:] ([if by others]
and provided by the State) [if by the Consultant as part of a Cultural Resource
Survey] (under Task 5160) [if neither] (by the Consultant as part of this subtask).
5174 The Consultant shall submit a draft of the Subtask 5173 documentation to the
State for review.
5175 The Consultant shall revise the documentation as necessary to incorporate the
State’s review comments.
5180 Section 4(f) Evaluation
[A Section 4(f) evaluation is required whenever an FHWA action will result in the
"use of land from a significant publicly owned park, recreation area, or wildlife
and waterfowl refuge, or any significant historic site". For a bridge project
requiring a Coast Guard permit, Section 4(f) may be applicable even if the
project is 100% State funded. If a Section 4(f) evaluation is required, it will be
either a full evaluation (this Task) or a programmatic evaluation (Task 5170).]
[If historic properties on or eligible for the National Register of Historic Places
are involved, refer to Section 106 procedures. Section 106 documentation is done
prior to the 4(f) evaluation and is used to complete the Section 4(f)
documentation.]
The Consultant shall prepare and submit a Draft Section 4(f) Evaluation pursuant
to FHWA Technical Advisory T6640.8A (October 30, 1987) or current
replacement policy. Specific subtasks are:
5181 The Consultant shall obtain information on each Section 4(f) property encroached
upon by any of the design alternatives. This information shall include but not be
limited to the following:
• Detailed map
• Size and location of property
• Ownership and type of property
• Function; available activities
• Description and location of all existing and planned facilities
• Access and amount of usage
• Relationship to other similarly used lands in vicinity
• Applicable clauses affecting ownership
• Unusual characteristics
[Specify information, if any, that will be provided by the State.]
5182 The Consultant shall determine the impact(s) of each design alternative and the
null alternative on each Section 4(f) property.
5183 For each design alternative the Consultant shall identify and evaluate avoidance
measures which meet project objectives. [Include the following sentence where
more than one 4(f) property is involved:] Wherever a proposed alternative
encroaches on more that one Section 4(f) property, the analysis must include
alternatives which would avoid each property and alternatives which would avoid
all properties.
5184 For each design alternative the Consultant shall identify and evaluate all possible
measures to minimize the impact(s) on each Section 4(f) property.
5185 The Consultant shall document the above information and analysis in a Draft
Section 4(f) Evaluation.
[Include the following sentence if historic properties on or eligible for the
National Register of Historic Places are involved, in which case Section 106
documentation, done beforehand, is used to complete the Section 4(f)
documentation:] It shall be consistent with and based on Section 106
documentation prepared beforehand [choose one of the following:] [if by others]
(and provided by the State) [if by the Consultant as part of a Cultural Resource
Survey)] ( under Subtask 5166) [if neither] (by the Consultant as part of this
subtask).
[Choose only the sentence that applies:] [either (for a Categorical Exclusion; be
sure to include subtask 5186)] It shall stand alone as a separate document because
this project is being processed as a Categorical Exclusion. [or (for all other
situations)] It shall be included in the DAD as a separate section.
Content and format shall be as specified in Appendix B of the NYSDOT Design
Procedure Manual (DPM).
5186 [Include this subtask only if the Draft Section 4(f) Evaluation will be a separate
document] The Consultant shall submit the Draft Section 4(f) Evaluation to
the State for review.
5187 The Consultant shall prepare a Final Section 4(f) Evaluation pursuant to FHWA
Technical Advisory T6640.8A (October 30, 1987) or current replacement policy,
and according to the format and content specified in Appendix B of the DPM.
5188 The Consultant shall submit a draft of the Final Section 4(f) Evaluation to the
State for review.
5189 The Consultant shall revise the draft as necessary to incorporate the State’s review
comments and resubmit it to the State.
5190 Section 6(f) Evaluation
[Section 6(f) applies whenever land previously funded from the Land and Water
Conservation Fund Act is to be used. Section 6(f) land converted for highway
purposes must be replaced. Section 6(f) applies to both state-funded and
federally-funded projects. Unless the project is state-funded with no FHWA
approvals needed, a Section 4(f) Evaluation (Task 5170 or 5180) is always
required when there is Section 6(f) involvement.]
The State shall provide the Consultant with quarterly listings of state and local
recreation projects assisted through the Land and Water Conservation Fund Act
(LWCFA), and with current versions of Attachments #3 and #6 to NYSDOT
Environmental Procedures Manual, listing approved projects funded under the
Urban Park and Recreation Recovery Program (UPARR).
5191 The Consultant shall research these listings to identify specific LWCFA and
UPARR projects that apply, and shall obtain for each project a copy of the
original application submitted to the State Liaison Officer (SLO) describing the
limits of the involved property.
5192 The Consultant shall evaluate the impact of each design alternative and the null
alternative on each Section 6(f) property.
5193 For each design alternative the Consultant shall identify and evaluate avoidance
measures to establish that the Section 6(f) impact is unavoidable.
5194 For each Section 6(f) property the Consultant shall identify and evaluate proposed
replacement property (fee taking or permanent easement) as specified in
NYSDOT Environmental Procedures Manual.
5195 [Delete subtask number if the State will do both] The (Consultant) (State) shall
provide the survey and the (Consultant) (State) shall provide the appraisal as
necessary to obtain National Park Service (NPS) approval to buy the property.
5196 The Consultant shall document the above analysis and process in a Section 6(f)
Evaluation. The State shall advise the Consultant on the required format.
5197 The Consultant shall submit a draft of the Section 6(f) Evaluation to the State for
preliminary review.
5198 The Consultant shall revise the Section 6(f) Evaluation per comments received
and resubmit it to the State for distribution to the State Liaison Officer for NPS
approval.
5200 Hazardous Waste/Contaminated Materials Screening
[This screening is necessary for any project that requires right-of-way acquisition
(including permanent easement), soil disturbance, utility relocation, or building
modification or demolition.]
The Consultant shall screen for hazardous wastes and contaminated materials
within the project site and corridor (existing or proposed right-of-way, including
easements) in accordance with the NYSDOT Environmental Procedures Manual.
This preliminary screening is a general review to identify properties that within
the right-of-way or in close proximity could contain or be a source of hazardous
wastes or contaminated materials.
5201 The Consultant shall review existing information about past and current land use
to identify possible sources of contamination within the project site and corridor.
This review shall include information sources (more completely listed in the
NYSDOT Environmental Procedures Manual) such as:
• Historical aerial photography
• Sanborn Insurance Company maps (archival; available through NYSDEC
regional offices)
• NYSDEC records such as:
• Registry of Inactive Hazardous Waste Sites
• Hazardous Substance Waste Disposal Site Study Report
• records of chemical or petroleum storage tanks
• waste incident and chemical release reports
• county and municipal agency sources such as:
• local assessor and building permit records
• title abstracts
• local historical society records
• records of discussions with former employees of industries and other
businesses located within or near the project area
5202 The Consultant shall visit the project site and neighboring areas (as appropriate,
based on site activity and with or without State and local agency representatives)
to look for observable physical evidence of contamination—e. g., stained soil,
seepage, and stressed or dead vegetation—using as a guide the summary sheet of
indicator features in the NYSDOT Environmental Procedures Manual.
5203 The Consultant shall prepare a Hazardous Waste/Contaminated Materials
Screening Report. It shall contain:
• a list of the site screening objectives
• a summary of the results of the background information search
• an explanation of inspection techniques used
• observations from the project site visit
• an analysis of the information, identifying properties or locations with a
reasonable probability of containing hazardous wastes or contaminated
materials
• maps showing the location of commercial properties which could be
contaminant sources (e. g., gas stations, dry cleaners) and are in
the proximity of the project area
• (where possible) maps showing the location of fuel tanks, dry wells, or
other structures that could be associated with spills or releases
of hazardous substances
• (where appropriate) a brief discussion of which further actions should be
taken and why, supported by figures or tables
• (where appropriate) site visit or meeting minutes indicating agreements
with involved State and local agency representatives
5204 The Consultant shall submit a draft of this report to the State for preliminary
review.
5205 The Consultant shall revise the draft report per comments received and resubmit it
to the State.
(If necessary, a Site Assessment [Task 5210] warranted by this screening would
be covered by a supplemental agreement.)
5210 Hazardous Waste/Contaminated Materials Detailed Site Assessment
[Usually, screening (Subsection 5200) results must be known to adequately define
and estimate the effort for a site assessment (sampling, testing, and report).
Therefore, include these site assessment subtasks only in a supplemental
agreement or if screening results are known.]
[Include the following sentence if the preliminary screening was performed by
others.]
The State shall provide the Consultant with the Hazardous Waste/Contaminated
Materials Screening Report.
The Consultant shall perform a site assessment of the following (properties)
(locations) identified by the screening process as having a reasonable probability
of containing hazardous wastes or contaminated materials:
[List the specific properties or locations.]
This investigation shall identify the type(s) of contaminant(s) present and the
extent of contamination, and shall assess the impact on the project. It shall
include the following subtasks:
5211 The Consultant shall prepare a sampling and testing plan for the above
(properties) (locations). This plan shall explain the reason for the investigation
and state the work objectives. It shall include, as appropriate:
• Maps showing properties to be tested and the number and location of
proposed sampling points
• Sample collection methods
• Intended data uses
• Contaminants of concern
• Data quality objectives, analytical methods, and laboratories
• Documentation of sampling
• Health and safety precautions
It shall consider appropriate techniques, such as:
• Geophysical survey
• Soil gas survey
• Soil borings to collect soil samples (or probe installations)
• Groundwater probes or monitoring wells
• Field sampling and analytic testing of selected materials
• Probe installations
• Monitoring wells
5212 The Consultant shall submit this sampling and testing plan to the State for prior
approval, including if necessary prior review and approval by regulatory agencies
(i.e., NYSDEC and NYS Dept. of Health).
5213 Upon receipt of State authorization to proceed, the Consultant shall perform the
field operations as specified in the sampling and testing plan
5214 [if field sampling is included] The Consultant shall perform the testing, as
specified in the sampling and testing plan, of field samples collected under
Subtask 5213.
5215 Detailed Site Investigation Report
The Consultant shall update the Hazardous Waste/Contaminated Materials
Screening Report to document the above process and results and retitle it
"Hazardous Waste/Contaminated Materials Detailed Site Investigation Report."
It shall:
• [if field sampling and testing are included] Describe the sampling and
testing
• Include all results
• Include a map showing sampling locations, types and concentration of
contaminants at each sampling point, and background concentration data
• Discuss contaminant concentrations within the existing or proposed right-
of-way
• Assess the environmental risk of the project and each alternative regarding
potential release or increased mobility of contaminants and risks
for workers.
• (if disposal of contaminated material would be necessary) discuss whether
further testing would be required for the disposition of material
(such as construction and demolition material,
nonhazardous solid waste, hazardous waste, etc.).
5216 The Consultant shall submit a draft of this report to the State for review.
5217 The consultant shall revise the report per State review comments. [If the work
will occur during Design Phases I-IV add the following (and do not include
subtask 5218).] It shall be included in the DAD as a technical appendix.
5218 [Include this subtask only if the work will occur during Design Phases V-VI.]
The Consultant shall resubmit the revised report to the State for agency
distribution and review.
[Remediation design subtasks appear in Task 5220. Usually, site assessment
results must be known to adequately define these subtasks.]
5220 Hazardous Waste/Contaminated Materials Remediation Plan
Usually, Site Assessment (Task 5210) results must be known to adequately define
and estimate the remediation plan effort. Therefore, include this Task only
in a supplemental agreement or if site assessment results are already known.]
[Include the following sentence only if the detailed site investigation was
performed by others.] The State shall provide the Consultant with the
Detailed Site Investigation Report.
The Consultant shall prepare a Remediation Plan proposing specific actions to
reduce or eliminate hazardous waste and contaminated materials impacts,
using the most cost-effective and expedient methods (e. g., containment, in-situ
treatment, on-site or off-site excavation and treatment, or disposal) allowable
and appropriate for the type of contaminant and volume of material to be handled.
This shall include [if applicable] the feasibility study and [if applicable] special
PS&E provisions covered by and described in the subtasks below. [Depending on
the situation, either or both may be needed. Include only the necessary work and
describe it as specifically as possible.]
Feasibility Study (Subtasks 5221-5227)
The Consultant shall prepare and submit a feasibility study comparing alternative
methods of reducing or eliminating environmental, health, and safety risks. It
shall include only those methods acceptable to federal and state regulatory
agencies. For each method, the study shall include cost estimates,
time requirements, residual contaminant levels following remediation,
and technological limitations and requirements.
[Include only the applicable and necessary subtasks.]
5221 The Consultant shall review the Detailed Site Investigation Report and other
necessary information provided by the State.
5222 The Consultant shall visit the project site to become familiar with the remediation
needs.
5223 The Consultant shall propose to the State the particular remediation methods to be
studied and the methodology of the study itself. The State shall advise the
Consultant of any changes, and authorize the Consultant to proceed.
5224 The Consultant shall conduct the study accordingly.
5225 The Consultant shall document the study and findings in a report recommending
preferred remediation method(s). The State shall advise the Consultant on the
report format.
5226 The Consultant shall submit a draft of the report to the State for preliminary
review.
5227 The Consultant shall revise the report per State review comments and resubmit it
to the State for regulatory agency review and approval of the proposed
remediation method(s).
Detailed Design of Remediation Provisions
5228 The State shall either concur with the recommended remediation method or
specify an alternative method. The Consultant shall then design the remediation
provisions for this method for incorporation into the PS&E in accordance with
Chapter 21 of the Highway Design Manual. The detailed design (Phases V-VI)
task descriptions in Subsections 6100-6500 shall apply.
5230 Asbestos Assessment: Preliminary Investigation
The Consultant shall maintain a valid asbestos handling license for the duration of
this agreement. Also, all Consultant personnel engaged in asbestos-related work
shall be appropriately certified for the work being performed, as described in
Section 56-2.2 of Industrial Code Rule 56 (12 NYCRR Part 56).
The Consultant shall perform a preliminary investigation for the presence of
asbestos-containing materials (ACM's) within the project site and corridor, using
the following screening techniques:
5231 The Consultant shall review available as-built drawings, record plans, and other
construction drawings of all structures and facilities in the project area, including
but not limited to pavement, shoulders, subgrade, underground utilities, buildings,
and bridges which could potentially require alterations or demolition as part of the
project (including those previously acquired by the State) to determine whether
the presence of ACM's is indicated. [If possible, indicate which if any of this
material will be provided by the State.]
5232 The Consultant shall perform an on-site visual inspection of all structures and
facilities reviewed under Subtask 5231 above, including the building interiors, to
identify approximate number and specific locations of suspected ACM's for
sampling and testing. (Examples of suspected ACM's are: insulation on pipes,
ducts, boilers, etc.; floor and ceiling tiles; drywall; plaster; roof shingles; siding;
fireproofing material, including structural fireproofing and fire retardant
coatings.)
The State shall provide the letter of introduction necessary for the Consultant to
enter premises and perform the on-site inspection.
The Consultant shall interview appropriate personnel in commercial facilities
(such as mechanical, HVAC, and boiler room employees) to determine if any
known ACM's are present.
5233 The Consultant shall prepare and submit to the State for review and approval a
technical memorandum reporting on the findings of this preliminary investigation,
accompanied by an asbestos sample location plan.
[Sampling and testing, Asbestos Assessment Report, Variances, and preparation
of PS&E materials (Task 5240) are normally done during Phases V-VI. Include
the following statement if this work will be defined at a later stage when the
preliminary investigation results are known:]
(The sampling, testing, Asbestos Assessment Report preparation, and (if
necessary) abatement or removal design will be covered under a supplemental
agreement.)
5240 Asbestos Assessment: Sampling, Testing, and Abatement Removal Design
[The Preliminary Investigation (Task 5230) is normally performed during Design
Phases I-IV. Add the following two paragraphs only if the State will provide the
Preliminary Investigation results (i.e., if not including Task 5230).]
The Consultant shall maintain a valid asbestos handling license for the duration of
this agreement. Also, all Consultant personnel engaged in asbestos-related work
shall be appropriately certified for the work being performed, as described in
Section 56-2.2 of Industrial Code Rule 56 (12 NYCRR Part 56).
The State shall provide the Consultant with the documented findings of the
preliminary investigation and a sample location plan.
Sampling and Testing (Subtasks 5241-5243)
5241 Upon approval of the sample location plan [include this opening phrase only if the
Consultant provides it], the Consultant shall collect bulk samples of suspected
asbestos-containing materials (ACM's). EPA requirements include a minimum of
three samples taken at random locations for each homogeneous suspected ACM.
The sample locations shall be noted on inspection forms.
5242 The Consultant shall provide the sample testing and analysis. It shall be
performed by a laboratory approved by the New York State Department of Health
(NYSDOH) or the Environmental Protection Agency, and in accordance with the
current requirements of the NYSDOH Environmental Laboratory Approval
Program (ELAP). The analysis shall proceed as follows:
A. Initial testing of all samples using the Polarized Light Microscopy (PLM)
method of gravimetric reduction, acid digestion, and point counting for the
presence of asbestos mineral fibers.
B. Per ELAP requirements, a second test of each non-friable, organically -
bound material (NOB) sample that is PLM-negative, using Transmission
Electron Microscopy (TEM). (Some NOB examples are vinyl floor tile,
mastic, linoleum, and roofing materials.)
5243 The Consultant shall provide a preliminary cost estimate for abatement or
removal of ACM's containing more than 1% asbestos by weight.
Asbestos Assessment Report (Subtasks 5244-5246)
5244 The Consultant shall prepare an Asbestos Assessment Report documenting the
results of the investigation and wherever necessary specifying removal or
abatement measures. It shall include:
• A summary of the data collection techniques and the analysis procedures
used (as presented in the preliminary technical memorandum [if by the
Consultant add:] prepared under Subtask 5233).
• Specific locations, types, and quantities of ACM's, including 8½"x11"
sketches (one for each applicable building story) depicting
sample locations.
• Determination of the applicability of "blanket variances" approved by the
New York State Department of Labor (NYSDOL), and identification of
which ACM's can be removed under these variances.
• Where necessary, identification of ACM areas where safe, alternative
removal techniques would be feasible, and descriptions of
these techniques, for transmittal to the NYSDOL to obtain
variances to Industrial Code Rule 56.
• Plans for ACM removal and disposal or other corrective action in
accordance with Industrial Code Rule 56 or applicable variance thereof.
• (as necessary or as directed by the State) Recommendations for design
changes or construction activities which would minimize or eliminate
involvement with ACM's.
5245 The Consultant shall submit a draft of this report to the State for review.
5246 The Consultant shall revise the draft report to incorporate the State review
comments and resubmit it to the State as a final report.
5247 (as necessary or as directed by the State) For all ACM's for which a blanket
variance does not apply, the Consultant shall prepare the variance application.
The (State/Consultant) shall submit the applications to the New York State
Department of Labor.
PS&E materials (Subtasks 5248 & 5249)
The detailed design (Phases V-VI) task descriptions in Subsections 6100-6500
shall apply to these subtasks.
5248 As necessary, the Consultant shall prepare special construction specifications and
notes for asbestos removal or abatement.
5249 The Consultant shall provide a detailed cost estimate for ACM removal or
abatement, including unit costs for each type of ACM per building or bridge.
5250 Farmland Protection
State protected farmland (Subtasks 5251-5255)
[Include these subtasks for any project likely to require, within an agricultural
district, the acquisition (or permanent conversion to non-farm usage) of
more than one acre of an actively operated farm or more than ten acres of
any land in an agricultural district.]
The work described in Subtasks 5251-5255 below shall be in accordance with the
procedure outlined in Chapter 2.5 of the Environmental Procedures Manual
(EPM-2.5) for complying with the NYS Agriculture and Markets statute and
regulations.
5251 The Consultant shall identify and assess adverse effects of each design alternative
on farmland for non-farm purposes, including compatibility with state and local
programs for the protection of farmland, to determine whether the project is an
"Action" requiring the filing of a Notice of Intent.
It is tentatively assumed that the threshold will be exceeded.
5252 The Consultant shall evaluate, to the maximum practical extent, design measures
for each alternative exceeding the threshold that would avoid or minimize the
adverse impacts that must be revealed in the Notice of Intent process.
5253 Upon completion of Design Phase I or as soon as potential project impacts are
determined (EPM-2.5, Step 2), the Consultant shall prepare and submit to the
State the Preliminary Notice of Intent form.
The State shall sign the Preliminary Notice of Intent and transmit it to the
Commissioner of Agriculture and Markets and the county agricultural and
farmland protection board.
5254 During Design Phase IV, at least 65 days before ROW acquisition, and upon
selection of the preferred alternative, the Consultant shall prepare and submit to
the State the Final Notice of Intent (EPM-2.5, Step 3).
The State shall sign the Final Notice of Intent and transmit it to the Commissioner
of Agriculture and Markets and the county agricultural and farmland protection
board.
5255 Upon notification that the NYS Department of Agriculture and Markets deems the
Final Notice of Intent complete and the review period to be over, the Consultant
shall prepare and submit to the State a Letter of Certification (EPM-2.5, Step 4).
Protection of prime and unique farmland (Subtasks 5256-5259) [5256 and 5257 if
assuming no conversion; see note at end of 5257.]
[Include these subtasks only for a federally funded project likely to affect prime
or unique farmland as explained in Chapter 2.5 of the Environmental Procedures
Manual.]
The work described in Subtasks 5256-5259 [5256 and 5257 if assuming no
conversion] below shall be in accordance with the procedure outlined in Chapter
2.5 of the Environmental Procedures Manual for complying with the Federal
Farmland Protection Act.
5256 The Consultant shall review classification maps available from the county Natural
Resources Conservation Service (NRCS) office and verify that any farmland so
classified has not since been converted to industrial, residential or commercial
use.
5257 The Consultant shall analyze whether and the degree to which each design
alternative would require acquisition or conversion of this farmland.
It is tentatively assumed that the project (would) (would not) convert federally
protected farmland.
[If assuming it would not, end this Task here. If assuming it would, continue with
Subtasks 5258 and 5259 below.]
5258 The Consultant shall complete Parts I and III of the Farmland Conversion Impact
Rating Form AD 1006 and submit it to the State.
The State shall transmit Form AD 1006 to the NRCS. (It is tentatively assumed
that the NRCS will return the form indicating that farmland would be converted.)
The State shall return the form to the Consultant for completion of Parts VI and
VII.
5259 The Consultant shall complete Parts VI and VII of Form AD 1006, evaluating
each design alternative according to the assessment criteria appearing in EPM-2.5,
Step 6, and submit it to the State for review and further action if necessary.
5260 Energy Analysis
[Include this Task only if the project is likely to have a measurable direct or
indirect impact on the use and conservation of energy.]
5261 Consultant shall submit to the State for prior approval proposed methodology and
procedures for the analysis consistent with the NYSDOT Environmental
Procedures Manual. The State shall approve or modify them and advise the
Consultant to proceed accordingly.
5262 Upon receipt of State approval the Consultant shall analyze the direct and indirect
impacts of each design alternative and the null alternative on energy conservation
and use.
5270 Visual Impact Assessment (VIA)
The Consultant shall prepare a Visual Impact Assessment (VIA) of significant
visual resources in accordance with current NYSDOT visual assessment policy.
The VIA shall be prepared by or under the direct guidance of a registered
landscape architect experienced in VIA preparation.
In addition to the general methodology and subtasks are outlined below, the
Consultant shall obtain State approval of any project-specific methodology and
subtasks before starting the work.
5271 The Consultant shall review all relevant project information [specify (here or in
the estimating assumptions) any other projects that this review must include (e. g.,
a nearby office building, tower, etc., currently under design by others) and, if so,
whether the State or the Consultant would obtain the information] and visit the
project site to obtain supplemental information (e. g., photographs and
observational notes) necessary for defining the visual environment.
5272 The Consultant shall prepare appropriate viewshed mapping for existing
conditions, each design alternative, and the null alternative (wherever null
alternative viewsheds at the design year would differ significantly from existing
conditions) to define the physical limits of the affected visual environment.
5273 The Consultant shall identify each viewer group within the project area and
determine the viewer exposure and viewer sensitivity of each group.
5274 The Consultant shall identify the key views and the range of significant visual
resources for each viewer group. Key views shall include the views of the project
and from the project that best represent the visual environment for each design
alternative and the null alternative.
5275 [Include this paragraph and omit the next one if the Consultant will provide the
simulations.] The Consultant shall prepare accurate 8 1/2" x 11" digital
photography based visual simulations to depict existing conditions and compare
them to the design alternatives and the null alternative as seen from key
viewpoints at both ETC [if applicable, e. g., if short-term interim landscaping
treatments would be appropriate] and he project design year.
[Alternatively, include this paragraph and omit the previous one if the State will
provide the simulations.] The Consultant shall complete and submit to the State
a "Visualization Request Form" (provided by the State) containing basic project
information and recommending the specific visual simulations required. Upon
approval and scheduling of the simulations, the Consultant shall discuss with the
State the necessary data to be transmitted (photographs, files, etc., generically
listed on the form under "Visualization Requirements") and accordingly compile
and transmit the data. It shall include sufficient detail for producing quality
simulations, e. g., pavement delineation, guide rail, traffic control devices
(overhead signs, signals, etc.), structure type (truss vs. contemporary), sidewalks,
side roads, and any enhancements. [Specify in the estimating assumptions any of
these that must be in more detail than normally required for preliminary design.]
Based on this information the State shall produce the visual simulations and shall
review initial drafts of them with the Consultant before they are finalized.
5276 The Consultant shall assess the visual impacts of each design alternative and the
null alternative, including changes to significant visual resources and probable
viewer response to these changes.
This assessment shall include measures to avoid, minimize, or mitigate negative
visual impacts and to enhance positive impacts. Descriptions and costs of these
measures shall be in sufficient detail for incorporation into the preliminary design
and for use in evaluating relative advantages and disadvantages among the
alternatives.
5277 The Consultant shall document this study in a Visual Impact Assessment report,
to be presented as a technical appendix to the DAD. This report shall include
color copies of the simulations.
5278 The Consultant shall submit a draft of this report to the State in advance for
preliminary review.
5279 The Consultant shall revise the draft report per State review comments before
incorporating it in the DAD.
5910 Environmental Hearing
[An environmental hearing is rare. Include this Task only if one is expected.]
5911 The Consultant shall provide exhibits to supplement reports for courtroom
purposes.
5912 Before the hearing, the Consultant shall review with the state the permit or
certification application.
5913 The Consultant shall attend the hearing and, as required, provide expert testimony
relevant to the particular application. The State shall arrange for and provide any
necessary legal assistance at the hearing. The Consultant's expert witnesses shall
have personally been in responsible charge of those aspects of the study to which
their testimony is directed.
5920 Cultural Resources Summary Documentation
[This work applies only if Task 5160 Cultural Resources is also included, the
project has federal involvement, and the SHPO is likely to determine that
the project will have an adverse effect, requiring special summary documentation
for the ACHP Memorandum of Agreement. Alternatively, this work
could be included in a planned supplemental agreement (e.g., one that would add
Design Phases V & VI.)]
It is assumed that the SHPO will determine that the project will have an adverse
effect.
Upon receipt of the SHPO notification, the Consultant shall prepare such
documentation as specified in 36 CFR Part 800.8(b) (Section 106 document) for
the Memorandum of Agreement to be submitted by the federal agency to the
Advisory Council on Historic Preservation (ACHP).
5930 Cultural Resource Data Recovery
It is assumed that data recovery will be recommended by the SHPO/OPRHP.
[Because data recovery rarely occurs, contact the Regional Cultural Resource
Coordinator to determine whether to include this Task. It would apply only if
Task 5160 Cultural Resources is also included, the project has
federal involvement, and it is likely that data recovery will be recommended.
Alternatively, this work could be included in a planned supplemental agreement
(e.g., one that would add Design Phases V & VI.)]
5931 Upon notification by the State to proceed, the Consultant shall prepare and submit
to the State a Data Recovery Plan in a format to be specified by the State. It shall
include research questions, field recovery methodology, and laboratory
methodology for analysis of recovered material. The State shall obtain required
agency approval of the Data Recovery Plan.
5932 When notified by the State of agency approval, the Consultant shall perform the
data recovery in accordance with the approved Data Recovery Plan.
Cultural materials removed from State lands remain the property of the State. The
Consultant shall deliver these materials to the State for forwarding to the New
York State Museum (or another repository approved by the New York State
Museum). Cultural materials recovered on private lands remain the property of
the land owner unless the land owner signs a release.
5933 Upon completion of the data recovery, the Consultant shall prepare and provide
an End of Field Letter briefly summarizing the data recovery results.
5934 The Consultant shall prepare a Data Recovery Report in accordance with the Data
Recovery Plan. This report must be submitted within one year of data recovery
completion.
5935 The Consultant shall submit a draft Data Recovery Report to the State for review.
5936 The Consultant shall revise the draft report per comments received and resubmit it
to the State.
5940 Reevaluation Statement
5941 The Consultant shall reevaluate the [Specify the document; e.g., ―Final Design
Report/Final Environmental Impact Statement FHWA-NY-EIS-83-01F‖.]
provided by the State to confirm or revise its findings as a result of changes in
design and existing conditions since its issuance.
It is assumed that no substantive data gathering or analyses will be required other
than the work covered under Tasks [specify the Tasks included to cover any
substantive new analysis required, e.g., 5030 and 5040 if the Noise Study and Air
Quality Study must be redone.].
5942 The Consultant shall prepare a Reevaluation Statement documenting the
reevaluation findings
5943 The Consultant shall submit a draft of the Reevaluation Statement to the State for
preliminary review.
5944 The Consultant shall incorporate the State’s preliminary review comments and
resubmit the Reevaluation Statement to the State. The State shall distribute it to
the FHWA and other outside agencies for review.
5945 The State shall provide the Consultant with FHWA and other agency comments.
The Consultant shall assist the State in resolving them.
5946 The Consultant shall again revise the Reevaluation Statement to incorporate the
resulting changes and resubmit it to the State for final distribution and approval.
The State shall prepare and obtain publication of all required legal notices.
5950 [Label as appropriate]
[Include Tasks beginning with 5950 to cover any other miscellaneous
environmental work not included elsewhere.]