Federal-Aid Project Environmental Requirements:

 I.  Preliminary Engineering Performed by Local Government (federal-aid project)

 A.  Locality Will:

1. Prepare and submit an electronic copy of the completed Early Notification form (EQ-429) to begin the State Environmental Review Process (SERP) and any other necessary information to the VDOT Project Coordinator regarding the scope of the proposed project. 
    
2. Implement the environmental commitments identified in the SERP Preliminary Environmental Inventory form (PEI) pertaining to the development of the project.
    
3. Prepare and submit an electronic copy of the National Environmental Policy Act (NEPA) Concurrence form to VDOT Project Coordinator. 
    
4. Prepare the NEPA document:
    
   1. Provide VDOT Project Coordinator with a proposed project-specific public involvement plan prior to public involvement activities.  This plan will demonstrate compliance with all items identified in the VDOT Location and Design Public Involvement Policy and Procedures Manual as required by environmental regulation.  The public hearing notice must include all appropriate references to environmental notifications such as NEPA document availability, compliance with the National Historic Preservation Act, and compliance with the Agricultural and Forestal District Act. 
       
   2. Provide VDOT Project Coordinator with a copy of the public hearing transcript and responses to comments on the environment with the review copy of the environmental document.
       
   3. Provide VDOT Project Coordinator with an electronic preliminary review draft of the environmental document: Programmatic Categorical Exclusion (PCE), Categorical Exclusion (CE), Draft Environmental Assessment (DEA), Draft Environmental Impact Statement (DEIS), Final EA, or Final EIS.
       
   4. Provide VDOT Project Coordinator with copies of all technical study documents that support the environmental document.  Also provide copies of all project-related correspondence.  This will allow VDOT to certify that all environmental requirements have been met prior to advertisement and construction.
       
   5. Provide VDOT Project Coordinator with the appropriate number of copies of the approved environmental document as identified during project scoping.
       
5. If municipality will be conducting archaeological investigations on State controlled R/W, a Virginia Antiquities Act permit is required from the Virginia Department of Historic Resources prior to the investigations.
    
6. Implement the NEPA commitments identified in the environmental document pertaining to project development (as well as environmental commitments made related to any other law, regulation or Executive Order).
    
7. Provide VDOT an opportunity to participate as a consulting party in any Memorandum of Agreement developed and executed in compliance with the National Historic Preservation Act.
    
8. Prepare any post-NEPA documentation required by changes that occur during the development of the project.
    
9. Design project in accordance with Virginia Erosion and Sediment Control law and regulations, Virginia stormwater management law and regulations, Virginia Pollutant Discharge Elimination System permits and Chesapeake Bay Preservation Act.
    
10. Secure all necessary water quality permits in the municipality’s name and implement permit conditions, including but not limited to compensatory mitigation, project water quality monitoring, time of year restrictions, wildlife crossings, etc. 
     
11. Complete Water Quality Permits and Natural Resource Due Diligence Certification form (EQ-555) and submit to VDOT Project Coordinator.
     
12. Perform Due Diligence assessment to determine the actual/potential presence of hazardous materials/wastes/substances for all properties to be acquired and/or used as R/W prior to the initiation of property acquisition.
     
13. Perform Due Diligence and Due Care activities identified in Due Diligence Certification form (EQ-121) and submit to VDOT Project Coordinator.  Failure to perform Due Diligence and exert Due Care will result in the municipality assuming financial responsibility for any and all claims, demands, damages, losses, judgments, penalties, obligations, and liabilities (including without limitation, related reasonable legal and consulting fees and expenses) arising out of, or relating to, any pre-existing contamination to properties that constitute R/W for the project; and release the Commonwealth from and against any and all claims for contribution under CERCLA, and/or any other environmental law or regulation.
     
14. Present noise findings to VDOT Noise Abatement Committee as appropriate.

B.   VDOT will:

1. Perform the administrative portion of the SERP.
    
2. Provide the SERP PEI to the Locality Project Manager.
    
3. Recommend level of NEPA documentation, in consultation with FHWA, during the Scoping Meeting to the Project Team for compilation of the NEPA concurrence form.  Upon receipt of the NEPA Concurrence form from the VDOT Project Coordinator, the District Environmental Manager will coordinate with the lead Federal agency after review and solicit their participation in the study.  This will entail notifying the federal agency of the project development milestones and inviting the federal agency to attend key meetings. 
    
4. Review and comment to the VDOT Project Coordinator on the NEPA document compilation by the Locality.
    
5. Coordinate with the lead federal agency to publish the notice of intent in the case of Environmental Impact Statements (EIS).
    
6. Review the following items to ensure compliance with applicable federal and state requirements:
    
   1. Verify the projects compliance with the Department’s public involvement procedures as outlined in The VDOT Location and Design Public Involvement Policy and Procedures Manual as it relates to environmental requirements for public involvement.
       
   2. Review the preliminary environmental document, provide comments to the Locality, and, as appropriate, coordinate with the Federal Highway Administration (FHWA).
       
   3. Indicate state acceptance of the environmental document by signing and adopting the document as a VDOT product.
       
   4. Recommend lead federal agency approval of the environmental document.
       
7. Receive copy of signed Water Quality Permits and Natural Resource Due Diligence Certification form (EQ-555) and copies of water quality permits from municipality.
    
8. Receive copy of signed Hazardous Materials Due Diligence form (EQ-121) from municipality.
    
9. Review Municipality’s noise findings through VDOT’s Noise Abatement Committee as appropriate.
    
10. Conduct a Right-of-Way Re-evaluation (EQ-201 upon initiation by VDOT Project Coordinator) after design approval and prior to Right-of-Way purchase authorization from FHWA.  This will ensure Right-of-Way plans are consistent with the NEPA document. 
     

II.  Right-of-Way Acquired by Local Government (federal-aid project)

A.  Locality Will:

1. Perform necessary hazardous materials work prior to R/W purchase and provide documentation to VDOT Project Coordinator in signed Hazardous Materials Due Diligence form (EQ-121)
    
2. Acquire R/W necessary to accommodate noise abatement, as per VDOT Noise Abatement Committee decision.

 B.  VDOT Will:

1.  Receive signed copy of  “Hazardous Materials Due Diligence Certification” form from the Locality Project Manager to the VDOT District Environmental Manager.

III.    Construction Administered by Local Government (federal-aid project)

A.   Locality Will

1. Implement SERP construction commitments.
    
2. Implement all NEPA construction commitments.
    
3. Implement all water quality permit conditions.
    
4. Implement construction in accordance with approved Erosion and Sediment Control plan and stormwater management plan.
    
5. Have on-site construction inspector with Virginia Department of Conservation and Recreation Erosion and Sediment Control inspector certification.  Perform an Erosion and Sediment Control inspection every two weeks (minimum).
    
6. Make the necessary notifications to US Environmental Protection Agency for any “improvements” made to sinkholes to facilitate storm water drainage.
    
7. Include in the contract documents and enforce all special provisions and specifications related to the environment

B.  VDOT Will:

1. Prior to approval for advertisement and construction, the VDOT District Environmental Manager will complete the Environmental Certification Checklist (EQ-103) and the PS&E Re-evaluation form (EQ-200; upon initiation by VDOT Project Coordinator).  This will ensure plans, specifications, and estimates on plans are consistent with the scope of the NEPA document and all commitments.  This will allow FHWA to approve the plans, specifications, and estimates for advertisement.
    
2. Monitor the project in accordance with the Department’s Environmental Monitoring Standard Operating Procedures to ensure environmental commitments identified as a result of SERP and NEPA are implemented.
    

Forms:

• Section 4(f) form
• Section 4f form guidance)
• NEPA Concurrence Form
• NEPA Concurrence Form Guidance
• CE Form
• CE Form Guidance
• PCE Form
• PCE Form Guidance
• Project Early Notification (EQ-429)
• Water Quality Permits and Natural Resource Due Diligence Certification form (EQ-555)
• Hazardous Materials Due Diligence Certification form (EQ-121)
   

Guidance:

• SERP Preliminary Environmental Inventory – Example of PEI
• Right-of-Way Reevaluation (EQ-201) – VDOT must complete prior to R/W authorization
• PS&E Reevaluation (EQ-200) – VDOT must complete prior to advertisement authorization
• Environmental Certification/Commitments Checklist (EQ-103) – VDOT must complete prior to advertisement authorization
• VDOT Noise Guidance
• VDOT State Noise Abatement Policy
• VDOT Noise Barrier Process
• VDOT Noise Checklist
• FHWA Guidance on Air Quality
• Air Quality - VDOT's Consultants Guide
• Local Administration of Urban System Construction Program – Program Guidelines

Additional Guidance links   |   VDOT District Environmental Contacts