FEIS Summary - Knik Arm Bridge and Toll Authority

More documents

Recommendations

Info

Knik Arm Crossing Final EIS Summary Exhibit S‐25. Findings, Compliance, and Permits (continued) Relevant Executive Orders, Legislation, and Regulations E.O. 13166, Improving Access to Services for Persons with Limited English Proficiency (LEP) E.O. 13175, Consultation and Coordination with Tribal Governments Section 4(f) Resources Department of Transportation Act of 1966 (as amended), Section 4(f), 49 U.S.C. § 303, 23 U.S.C. § 138, 23 C.F.R. § 771.135 Natural Environment E.O. 11990, Protection of Wetlands Rivers and Harbors Act, Section 10, 33 U.S.C. § 403 Clean Water Act (CWA), § 404, 33 U.S.C. § 1344 CWA, Section 401, 33 U.S.C. § 1341 FHWA FHWA FHWA FHWA USEPA 18 Alaska Administrative Code (AAC) 15 ADEC Rivers and Harbors Act, Section 9, 33 U.S.C. § 403 General Bridge Act of 1946 E.O. 11988, Floodplain Management Flood Hazard Permit, AMC 21.60 Agency Description EIS Findings/Compliance Permits Required U.S. Army Corps of Engineers (USACE) U.S. Coast Guard (USCG) FHWA MOA E.O. 13166 mandates improving access to federally conducted and federally assisted programs and activities for persons who, as a result of national origin, are limited in their English proficiency. E.O. 13175 establishes regular and meaningful consultation and collaboration with tribal officials in the development of federal policies with tribal implications to strengthen the U.S. government-to-government relationships and to reduce the imposition of unfunded mandates. The intent of the Section 4(f) statute and the policy of USDOT are to avoid the use of significant public parks, recreation areas, wildlife and waterfowl refuges, and historic sites eligible for the National Register as part of a project unless there is no feasible and prudent alternative to the use of such land. E.O. 11990 mandates minimizing the destruction, loss, or degradation of wetlands to preserve and enhance the natural and beneficial values of wetlands. Section 10 prevents unauthorized obstruction or alteration of navigable waters of the United States. Section 404 authorizes the Department of the Army to issue permits for the discharge of dredged or fill material into wetlands and waters of the United States at specified disposal sites. Section 401 gives State authority (18 AAC 15) to grant, deny, or condition certification of CWA Section 404 permits and Rivers and Harbors Act Section 9 and 10 permits. USCG has jurisdiction over bridges and structures crossing navigable waters of the United States, including location, clearances of bridges, bridge permits, construction activities, navigation lights, and signals. E.O. 11988 prevents federal agencies from contributing to adverse impacts associated with occupancy and modification of floodplains and the direct and indirect support of floodplain development. Jurisdiction for floodplain management lies with the local government authority (MOA) where the development action occurs within a regulated floodway. The KAC EIS public involvement process was conducted in compliance with E.O. 13166. Posters in seven languages were used to announce public hearings and to invite comments. A toll-free number was used to provide call-back information in seven languages for more information on the project. Interpreters were available for public hearings. In accordance with E.O. 13175, consultation and coordination with the Knik Tribe and the Native Village of Eklutna was conducted during the project planning and the NEPA process. Analysis in the Final Section 4(f) Evaluation found there is no prudent and feasible alternative to use of Sunset and Harvard Parks and historic sites. Mitigation measures described in the Section 4(f) Evaluation and in Sections 3.7 and 4.7 of the Final EIS include all possible planning to minimize harm to the Section 4(f) properties. Coordination with the Municipality of Anchorage will continue during the design stage. A Memorandum of Agreement is being finalized with the ACHP and SHPO for impacts to historic properties. There is no practicable alternative to construction in wetlands, and the Recommended Alternative includes all practicable measures to minimize harm to wetlands and waters of the United States that may result from the project, in accordance with E.O. 11990. A detailed Wetlands Finding is located in Appendix M of the Final EIS. Coordination of impacts related to the bridge structure was conducted with USCG in accordance with Rivers and Harbors Act Section 9 and the General Bridge Act. Bridge vertical and horizontal navigation span clearances above mean higher high water have been identified, and further coordination will occur during permitting and design. No floodplains mapped by the Federal Emergency Management Agency (FEMA) will be affected by the project. As stated in the Final EIS, the project will be designed to FHWA standards regarding flood elevations. The finding is that no FEMA floodplains will be affected. This satisfies the need for a floodplain finding under Executive Order 11988, Floodplain Management. A detailed Floodplains Finding is located in Appendix M of the Final EIS. None None None USEPA NPDES General Permit for stormwater discharge during construction USACE - Department of Army Sections 10 and 404 permits for structures placed within navigable waters of the United States and for discharge of fill in wetlands, respectively ADEC - Section 401 Certificate of Reasonable Assurance – Water Quality Certification USCG Section 9 Bridge Permit MOA Flood Hazard Permit Exhibit S-25 Findings, Compliance, and Permits (continued on next page) S-62
Knik Arm Crossing Final EIS Summary Exhibit S‐25. Findings, Compliance, and Permits (continued) Relevant Executive Orders, Legislation, and Regulations Coastal Zone Management Act (CZMA), 16 U.S.C. §§ 1451 et seq. Alaska Coastal Zone Management Act, AS 46.40, AS 44.19; 11 AAC 110,112, 114; 6 AAC 80.900; statewide standards 11 AAC 112.200-.990. E.O. 13112, Invasive Species Noxious Weeds Management 11 AAC 34 Magnuson-Stevens Fishery Conservation and Management Act/Sustainable Fisheries Act, 16 U.S.C. §§ 1801 et seq. Alaska Fishway Act, AS 41.14.840 Anadromous Fish Act, AS 41.14.870 Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661-666c E.O. 13186, Responsibilities of Federal Agencies to Protect Migratory Birds Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703-12 Bald and Golden Eagle Protection Act, 16 U.S.C. §§ 668-668d, as amended Marine Mammal Protection Act, 16 U.S.C. §§ 1631 et seq. Incidental Harassment Authorization, 16 U.S.C. §§ 1371, 1374 Agency Description EIS Findings/Compliance Permits Required ADNR, Office of Project Management and Permitting (OPMP) MOA Mat-Su Borough FHWA ADNR, Division of Agriculture National Oceanic and Atmospheric Administration (NOAA) Fisheries ADNR, Office of Habitat Management and Permitting (OHMP) NOAA Fisheries USFWS OHMP ADF&G FHWA, U.S. Fish and Wildlife Service (USFWS) USFWS NOAA Fisheries USFWS Federal consistency with the CZMA requires that federal actions that are likely to affect any land or water in the coastal zone must be consistent with the State’s coastal management program, as approved by the Office of Coastal Resource Management (OCRM). The State requires addressing effects on coastal uses or resources that are the result of federal actions. Permissible land and water uses within the coastal zone are identified in the statewide standards of the Alaska Coastal Management Program (ACMP) and the approved district coastal management plans. Construction within the coastal zone is subject to consistency review under both the Municipality of Anchorage and Mat-Su Borough Coastal Management Plans. E.O. 13112 directs federal agencies to prevent the introduction of invasive species; provide for their control; and minimize the economic, ecological, and human health impacts that invasive species cause. Under E.O. 13112, an invasive species is “an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.” The Noxious Weed Management regulations were developed to prevent the importation and spread of pests, diseases, or toxic substances that are injurious to the public interest, and to protect the agriculture industry. The State of Alaska has identified and regulates 31 plant species as noxious weeds (11 AAC 34.020) or as being weed seed incidentally found in agricultural seed (11 AAC 34.030). The Magnuson-Stevens Act establishes national standards for fisheries conservation and management. Federal agencies must consult with NOAA Fisheries and assess the effects of their actions on essential fish habitat (EFH). EFH is defined in the Magnuson-Stevens Act as “those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” To satisfy the conditions of the Alaska Fishway and Anadromous Fish Acts, the project must notify and obtain authorization and approval for all activities within or across streams used by resident and anadromous fish. The act requires federal agencies to consult with wildlife agencies regarding project effects on fish and wildlife. E.O. 13186 directs executive departments and agencies to take certain actions that shall promote the conservation of migratory bird populations. MBTA prohibits taking of migratory birds unless specifically exempted or authorized; taking can include loss of habitat. The act provides protection of the bald eagle and golden eagle by prohibiting— except under specified conditions—the taking, possession, and commerce of such birds. The legislation requires regulation of the take of any marine mammal species in U. S. waters. Take includes harassment, attempt to harass, or annoyance that has potential to injure or disrupt behavior patterns. Coordination of impacts related to the coastal zone was conducted with OPMP, MOA, and the Mat-Su Borough in accordance with the Coastal Zone Management Act and the Alaska Coastal Zone Management Act. Based on the information contained in the Final EIS, technical reports, and Appendix F, FHWA finds the project to be consistent to the maximum extent practicable at this stage of project development. According to consultation with OPMP, a more detailed analysis is not required until submittal of the actual permit applications. The Natural Resource Conservation Service was contacted for information regarding invasive species in the Project Area. Further coordination with ADNR Division of Agriculture, landowners, and ADOT&PF will occur during design and construction to prevent the introduction or spread of invasive species in accordance with E.O. 13112 and Noxious Weed Management. In accordance with the Magnuson-Stevens Fishery Conservation and Management Act, coordination of impacts related to EFH was conducted with NOAA Fisheries. Coordination of impacts related to the fish habitat was conducted with NOAA Fisheries, USFWS, OHMP, and Alaska Department of Fish and Game (ADF&G) in accordance with the Alaska Fishway Act and Anadromous Fish Act. Further coordination will occur during permitting and design. Coordination of impacts related to fish and wildlife was conducted with federal (NOAA Fisheries, USFWS) and state (OHMP and ADF&G) resource and regulatory agencies in accordance with Fish and Wildlife Coordination Act, 16 U.S.C. § 661-666c. Further coordination will occur during permitting and design. Coordination of impacts related to birds and vegetation clearing was conducted with USFWS in accordance with E.O. 13186. Clearing of vegetation on lands for project-related development will adhere to USFWS-recommended timing guidelines to protect migratory birds and comply with the MBTA. Coordination of impacts related to bald and golden eagles was conducted with USFWS to comply with the Bald and Golden Eagle Protection Act. Mitigation measures have been developed and will be further coordinated prior to construction. Protection stipulations will be incorporated into the construction contract specifications. In accordance with the Marine Mammal Protection Act, coordination of impacts related to marine mammals including beluga whales was conducted with NOAA Fisheries. Further coordination will occur during permitting and design. A NOAA Fisheries Letter of Authorization (LOA) to allow the conditional taking of marine mammals (Cook Inlet beluga whales) has been submitted for the project. ADNR, OPMP Coastal Zone Consistency Determination None OHMP Fish Habitat Permit None None None NOAA Fisheries Letter of Authorization (continued on next page) S-63 Findings, Compliance, and Permits
Page 1 and 2:
Knik Arm Crossing Final Environment
Page 3 and 4:
Exhibit S‐1. Final EIS Document O
Page 5 and 6:
Knik Arm Crossing Final EIS Summary
Page 7 and 8:
Page 9 and 10:
Page 11 and 12: Knik Arm Crossing Final EIS Summary
Page 15 and 16: Exhibit S‐22. Reasons for Preferr
Page 17 and 18: Findings, Compliance, and Permits E
Page 25 and 26: ! ! ! ! ! ! ! ! ! ! ! ! Knik Arm Cr
Page 33 and 34: The preliminary design includes pla
Page 35 and 36: Summary Initial Construction (Phase
Page 61: Knik Arm Crossing Final EIS Summary
show all

FEIS Summary - Knik Arm Bridge and Toll Authority

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?