Rural Environmental Issues - West Virginia Department of ...

Rural Environmental Issues&West Virginia’s Pilot Test of EcologicalApproaches to Environmental ProtectionDeveloped in Capacity Research ProjectsCO6A and CO6BGreg Akers, West Virginia Division of HighwaysWalter Veselka, WVU Environmental Research Center21 September 2011

The Planning Challenges6 th largest road networkmaintained by one managemententity in United States– #1 in maintaining bridgesPlanning for climate, topography& future economic opportunitiesFiscally responsible to public

The public…The Rural Challenges...is hard to please

Regulatory Challenges

The Transformational ChallengePerceptionTools &MOUsActionOutreach &Workshops

The route to changeAdaptivemanagement:Outreach &constantfeedbackHistoric back and forth with US EPA, DEP,DNR, Washington DC, etc.The grind: adoption and learningnew tools, trying new things

The Mandate for a Fresh StartBasic framework for using an ecosystem approach intransportation planning across individual agency jurisdictionsand encourages an outcome-based approach to conservationPuts the cards on the table forBLM , NOAA, NPSEPA - Greater flexibility to do environmental goodFHWA - Streamlined project development and improved mitigation opportunitiesUSACE - Finding the balance to keep waters clean and clearUSFS - Stewardship of natural resources and facilitated use of public landsUSFWS - One conservation framework, endless possibilities for partnership

Change From WithinChange beings with the Planners and Transfersthrough the OrganizationMore readily accepted if all changes can begrounded in accountability to the public goodand fiscal responsibility.Let’s have a look at some challenges

Planning Challenges-PerceptionsRoads - How hard can it be?

Planning Challenges-RealitiesDistinct planning regionsMany ‘over-seers’Lack of consistent Sources for GIS data Accountability from ‘planned’ to ‘field’Limited time for numerous road maintenanceprojects

Planning Challenges-Actions & SolutionsWV State GIS Data Clearinghousehttp://wvgis.wvu.edu/

Planning Challenges-Actions & SolutionsAccentuate the Outcomes of Highway ResearchSHRP 2 Project for Coalfields Expressway and King Coal Highway• Showcase use of publicly available data GIS State Clearinghouse updates as per WVDOH needs• Incorporate Applied Research in Planning WVSCI scores predictors Mitigation site location tool Harnessing environmental stakeholders and ‘powerbrokers’• TNC, DNR, EPA

Rural Challenges-Public PerceptionsWhy can’t they fix my potholes?Why hasn’t my road edge been brush-hogged?When is my road going to get plowed?

Rural Challenges-The RealitiesPick your saying..Nightmare, juggling flaming knives, herdingcats

Rural Challenges-Actions and SolutionsDemonstrate / seek out efficiencies that will shiftresources to satisfy publicProvide an automated forum for suggestions andways to save money (website link)• Showcase any changes• Mow less highways ROW improved wildlife/pollinator habitat, saves money and time forother road maintenance activities

Regulatory Challenges-PerceptionWVDOH is too cumbersome and resistant to change• Not incorporating new environmental designsWVDOH is not accountable in applying MOUs

Regulatory Challenges-RealitiesWVDOH catching up to a moving targetTakes time to implement institutional changes– Must make all aware of expectations Includes subcontractors Boots on the ground employeesImprove upon culture of continual improvementand emphasize record-keeping for accountability• Improved plow design as per Donny Williams, etc.

Changing Perception of RegulatorsFHWA- Keeping it SimpleLots of suggestions from other states for Simpleand Cheap, Environmental FixesLooking for Mussels in all the Right PlacesNew Roadside get less Clearing, moreWildlife Habitat

Understanding Nationwide Permits• Aquatic Life Movements- No activity may substantially disrupt thenecessary life cycle movements of those species of aquatic lifeindigenous to the waterbody, including those species that normallymigrate through the area, unless the activity's primary purpose is toimpound water. Culverts placed in streams must be installed tomaintain low flow conditions• Management of Water Flows- To the maximum extent possible, thepre-construction course, condition, capacity and location of openwater must be maintain for each activity, including streamchannelization and storm water management activities, except asprovided below. The activity must not restrict or impede thepassage of normal or high flows, unless the primary purpose of theactivity is to impound water or manage high flows. The activitymay alter pre-construction course, condition, capacity, andlocation of open waters if it benefits the aquatic environment (e.g.stream restoration or relocation activities.

NWP 14- Linear Transportation ProjectsFor intermittent streams and greater….• Culverts must completely span bankful channel• The inlet/ outlets must be designed in such a manner as to maintain thesubstrate in the bottom of the culverts. Countersinking the culvert to thesub-pavement of the streambed or the use of a bottomless culvert willgenerally fulfill this requirement• …permit must be obtained for proposed culverted stream crossings that donot pass aquatic life and / or do not freely pass bankful flows.– Such crossings may require compensatory mitigation.– Mitigation is $$$

Culvert Replacement Checklisthttp://www.fws.gov/midwest/Fisheries/streamcrossings/ReplacementStructures.htmRound culvertsfor 0-3% grade

Regulatory Challenges-Actions & SolutionsBridging the Accountability Gap throughRecord Keeping/ Training• Uniform system of Education / Certification in regards to each district Environmental compliance training for routine maintenance e.g. culverts, ditches, gutters, salt applications, etc.• Contractor environmental training required Condition of the job, applies to contractors and anyone onsite• Not re-inventing the wheel – using applicable tools AASHTO- Environmental Stewardship Practices, Procedures, and Policiesfor Highway Construction and Maintenance

SHRP 2 - Putting it all TogetherStreamlining- Effective and Efficient1. Integration of planning and project development processes2. Use of context-sensitive designs and solutions3. Development of programmatic agreements4. Use of flexible mitigation5. Expenditures on technology, training, and staff6. Employment of alternative dispute resolutionBackcasting look at Coalfields Expressway and King Coal Highways

The ‘hidden’ objectives?Facilitate discussions and communicationsProduce an off-the-shelf applied academic product• based on the previous toolsEnable consistency by both regulatory agencies andDoH (and other entities) in regards toEXPECTATIONS and CLEAR PROCEDURES that isTRANSFERABLE– i.e. transmission lines, Marcellus pipelines, etc.

Current shortcomingsPostage stamp mitigationMitigation banking market not matured in WV– Earthmark / Meadow River is not cure-allT and E consultations tools not up to dateLack of consistency for wholesale top to bottomadoption of ‘green’ practices

Project OverviewKeep overall goal simpleUse restoration to maximize “number of miles of swimmableand fishable waters”Step 1: Calculate maximum mitigation‘bill’ in terms of the ecological units foreach route (avoidance)– Wetlands– Streams– T & E speciesNEPA meant to consider cumulative effectsof both direct and indirect impacts- thiswatershed approach incorporates this.

Step 2: Based on mitigation liability …Identify where DoT investments could make thegreatest difference for watershed, species, orecoregional health and sustainabilityFixing ‘crappy houses’ in good neighborhoods

Step 3 – Reward for above andbeyondImplement mitigation according to bill with localpartner for long-term maintenance andmonitoring, HOWEVER…Maintain accountability during as-build• E & S and corresponding water quality monitoring• ‘Green’ design- countersunk culverts, natural stream channel designMinimization of impacts via BMPs leads to ‘rebate’ ofcredits able to re-use or re-sell.

Streamlining keys- revisited1. Integration of planning and projectdevelopment processesMitigation liability quantified ahead of timeTools allow avoidance of resources

Streamlining keys- revisited2. Use of context-sensitive designsand solutionsSunk culverts for wildlife crossings and aquaticlifeNatural Stream Channel Design over Riprap

Streamlining keys- revisited3. Development of programmaticagreementsEncourage mechanisms that give assurancesbetween agencies• Environmental checklists for projects• Contractors required to have environmentalsensitivity training

Streamlining keys- revisited4. Use of flexible mitigationEcological Unit concept to maximize fishable andswimmable• Include chemical treatment options• Multiple stewards of land (TNC, Canoe trails,Hatfield McCoy)

Streamlining keys- revisited5. Expenditures on technology,training, and staff‘Green Sheets’ implementing practices for accountabilityUniform training between districts top to bottomRequired contractor training

Streamlining keys- revisited6. Employment of alternative disputeresolutionNeed WVDOH to help push resource agencies towardsusing this tool as opportunity for mediation

Points to take home….Need to want to change, shape solution instead ofbeing forced….remember goalMaximizing fishable and swimmable stream miles =Net benefit economically andenvironmentally

Lunchtime DiscussionsWhat are some other barriers that you see toincorporating environmental planning? Howdo we overcome them?What mechanisms could be implemented inhouseby WVDOH that could alleviateregulatory concerns

Thanks for your time and feel free to contact mewith any questions or concerns…Walter.Veselka@mail.wvu.edu(304) 293-3789