Environmental Policy and Permitting Environmental Policy And Permitting

Environmental Policy and Permitting Environmental Policy And Permitting Team Tech Meeting July 28, 2008

Environmental Policy and Permitting AGENDA • Environmental Policy Act • Brief Permit Review • Consultants Procedural Manual Highlights • Permit Checklist Highlights • DPW Permitting & CEPA Internal Processes Flow Chart

Environmental Policy and Permitting Connecticut Environmental Policy Act (CEPA)

Environmental Policy and Permitting Connecticut Environmental Policy Act • Connecticut’s Environmental Policy was enacted in 1971. Local Actions Planning & Zoning State Actions Federal Actions CEPA NEPA

Environmental Policy and Permitting Connecticut Environmental Policy Act Purpose of CEPA: To ensure consideration of environmental factors at the early stages of planning, before the state commits resources (CD phase). It’s not meant to “kill” projects, but to consider impacts, mitigation, coordination, etc. prior to making a final decision (proceeding to CD/Biding). …However, it has “killed” and delayed projects due to not following the Process…

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. New State Facility CEPA Review (~30, 000 sq. ft) Regional Centers Neighborhood Conservation Areas Growth Areas Rural Community Centers Located in Neighborhood Conservation Area - subject to 100, 000 sq. ft. – No CEPA

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. New State Facility CEPA Review (~90, 000 sq. ft) Regional Centers Neighborhood Conservation Areas Growth Areas Rural Community Centers Located in Growth Area subject to 25, 000 sq. ft. -CEPA Required

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. • Construction of new paved roads or lane additions to existing roads (>$500 K)

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. • Construction of new paved roads or lane additions to existing roads (>$500 K) • Construction of new parking lots, garages, or additions for 200 vehicles or more.

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. • Construction of new paved roads or lane additions to existing roads (>$500 K) • Construction of new parking lots, garages, or additions for 200 vehicles or more. • Construction of new dams resulting in a permanent change in water level.

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. • Construction of new paved roads or lane additions to existing roads (>$500 K) • Construction of new parking lots, garages, or additions for 200 vehicles or more. • Construction of new dams resulting in a permanent change in water level. • Construction of new or expanded sewage treatment plants, hazardous waste or low level radioactive disposal facilities and coal fired heating plants at State facilities

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. • Construction of new paved roads or lane additions to existing roads (>$500 K) • Construction of new parking lots, garages, or additions for 200 vehicles or more. • Construction of new dams resulting in a permanent change in water level. • Construction of new or expanded sewage treatment plants, hazardous waste or low level radioactive disposal facilities and coal fired heating plants at State facilities • Demolition or major alteration to sites listed on the State Register of Historic Places

Environmental Policy and Permitting Connecticut Environmental Policy Act Triggers to CEPA • Construction of, addition to or major alteration > 100, 000 sq. ft. of floor space in REGIONAL CENTERS or NEIGHBORHOOD CONSERVATION AREAS OR > 25, 000 sq. ft. of floor space in all other areas, per State C & D Location Guide. • Construction of new paved roads or lane additions to existing roads (>$500 K) • Construction of new parking lots, garages, or additions for 200 vehicles or more. • Construction of new dams resulting in a permanent change in water level. • Construction of new or expanded sewage treatment plants, hazardous waste or low level radioactive disposal facilities and coal fired heating plants at State facilities • Demolition or major alteration to sites listed on the State Register of Historic Places • Any other action that may significantly affect the environment in an adverse manner

Environmental Policy and Permitting Connecticut Environmental Policy Act Exemptions to CEPA • Repairs and renovations of state facilities, replacements of a structure's architectural features, interior construction and/or renovations, additions and/or renovations to lighting, fire alarm, heating/cooling and mechanical systems, roof repairs, chimney repairs, etc.

Environmental Policy and Permitting Connecticut Environmental Policy Act Flow Chart Agency determines if “Action” falls under CEPA, per ECD Agency conducts Scoping process. Public meeting is held if requested Agency determines the scope of the EIE based on known issues and those uncovered during scoping; prepares the EIE 45 -Day Public Review Period - Agency circulates EIE to agencies, municipality; publishes notice in Environmental Monitor, local newspaper (3 times) Agency holds a public hearing, if requested or wants to Agency reviews all comments; prepares response to the substantive issues Agency prepares and sends to OPM a Record of Decision (ROD) OPM advises agency of inadequacies in EIE Not Adequate OPM determines Adequacy of the EIE Adequate Project may proceed

Environmental Policy and Permitting Connecticut Environmental Policy Act Internal CEPA Process Project Initiation Budgeting (B-100) Contact DPW Env. Planning Initial Environmental Review • internal cursory review or screening • not meant to be a detailed review • is NOT required for every project • assists in determining if an EIE is needed • documents the review of potential issues that are determined not to be significant • identify significant issues for EIE • assist in determining potential permits for the project CEPA checkbox on the B-100. Ensure budget covers environmental issues / mitigation costs. Initial Env. Review

Environmental Policy and Permitting Connecticut Environmental Policy Act Internal CEPA Process Project Initiation Budgeting (B-100) Consultant Scoping Meeting Contact DPW Env. Planning If EIE is needed, PM or Sup Env. Analyst initiates CEPA on-call consultant request. Record of Environmental Consideration • Rarely needed CEPA checkbox on the B-100. To ensure budget covers environmental issues / mitigation costs. Initial Env. Review If EIE an is NOT needed. A Record of Environmental Consideration can be written

Environmental Policy and Permitting Connecticut Environmental Policy Act Environmental Impact Evaluation Topics • Description of the Proposed Action • Purpose and Need • Alternative Analysis - Actions (No Action, Significant Upgrades / Renovations, and the Build Alternative) - Alternative Sites Available or Controlled - Major Alternative Design Concepts - Others • Existing Environment, Impact Evaluation, Mitigation

Environmental Policy and Permitting Connecticut Environmental Policy Act Environmental Resources - Traffic - Air Quality - Noise - Water Resources - Wetlands - Water Quality - Groundwater Quality & Resources - Coastal Resources - Endangered, Threatened, or Special Concern Species - Fish and Wildlife, Habitats, and Ecosystems - Historic Sites, Districts, and Archeologically Sensitive Areas - Visual Resources

Environmental Policy and Permitting Connecticut Environmental Policy Act Environmental Resources - Agricultural Lands and Soils - Pesticides, Toxic or Hazardous Materials - Energy (Use and Conservation) - Public Health and Safety - Consistency with State Environmental Equity Policy - Consistency with Municipal and Regional Plans - Consistency with State Plan of Conservation & Development - Consistency with Coastal Management Act

Environmental Policy and Permitting Brief Permitting Review

Environmental Policy and Permitting Brief Permitting Review DEP (common approvals) • Flood Management Certification / Stormwater • Stormwater During Construction • Misc. Wastewater • Air Quality Permits • Future training for BMPs to avoid permits State Traffic Commission (STC) • Certificate Determination Review • Major Traffic Generator Certificate Prior to Construction Approvals (required to Bid) Prior to Operation Approvals (required to operate)

Environmental Policy and Permitting STATE TRAFFIC COMMISSION When Are You Required to Get an STC Certificate? New facility, not part of an existing campus/complex, but exits/enters onto a state route or abuts a state route: STC Criteria: 100, 000+ SF or 200+ parking spaces

Environmental Policy and Permitting STATE TRAFFIC COMMISSION When Are You Required to Get an STC Certificate? Existing facility with no existing STC Certificate with an exit/entrance onto a state route or abutting a state route: Existing 90, 000 SF 150 spaces Expand or + 10, 000 SF New 100, 000 SF or 50 spaces 200 spaces 150 90 K NEEDS A CERTIFICATE

Environmental Policy and Permitting STATE TRAFFIC COMMISSION When Are You Required to Get an STC Certificate? Existing facility with an existing STC Certificate with an exit/entrance onto a state route or abutting a state route: Existing + Expand 150, 000 SF 1 SF New 150, 001 SF NEEDS A NEW CERTIFICATE 200 150 K OR Existing +Proposed New 200 spaces 50 spaces 250 spaces NEEDS A NEW CERTIFICATE

Environmental Policy and Permitting STATE TRAFFIC COMMISSION When Are You Required to Get an STC Certificate? New or existing facility, not exiting/entering onto a state route or abutting a state route: 1 st STEP Review STC Criteria (100, 000+ SF or 200+ parking spaces) If the facility meets criteria, then… 2 nd STEP Submit a Certificate of Determination (based on location)

Environmental Policy and Permitting STATE TRAFFIC COMMISSION When Are You Required to Get an STC Certificate? Certificate of Determination Submit to STC: • Narrative of existing conditions and project • Overall site plan showing entire property, location of project, and street network • Traffic study analyzing intersections to nearest state route, plus other traffic info STC makes a determination whether the facility needs a certificate or not

Environmental Policy and Permitting Brief Permitting Review CSUS 2020 Projects • All 4 campuses have STC Certificates • All CSUS new construction projects require STC • All 4 campuses require a DEP Master Plan Flood Management Certification (FMC) • Each project will still require an individual FMC (less review) • In the process of initiating STC & DEP master plan approvals to cover as many projects as possible.

Environmental Policy and Permitting Brief Permitting Review Community Colleges • Most have STC Certificates • Most do not have a DEP Master Plan Flood Management Certification (FMC)…however… • Projects in the past only required an individual FMC Technical High Schools • Most do not have STC Certificates • Most do not have a DEP Master Plan Flood Management Certification (FMC)…however… • Projects in the past only required an individual FMC

Environmental Policy and Permitting Consultants Procedure Manual Highlights 2. 3. 2 Storm Water Discharge Standards • 2002 Connecticut Guidelines for Soil Erosion and Sediment Control • 2004 Connecticut Stormwater Quality Manual • Other Best Management Practices that meet LEED® Silver, or equivalent, standards and criteria for sustainable site design. • A/E coordinate and accommodate drainage analysis and requirement needs between the DEP and the State Traffic Commission – DOT Drainage and Hydraulics. • A/E prepares and submits the methods and design for the stormwater management facilities with the schematic design phase.

Environmental Policy and Permitting Consultants Procedure Manual Highlights 2. 3. 5 Permits, Certifications and Approvals Checklist and Policies • Makes it clear DPW’s policy is that a project cannot go to bid until the necessary permits are obtained. • Requires the Checklist to be submitted with consultant’s proposal and revised and resubmitted with each design submittal. • All DEP Inland Water Resources Division and STC correspondences and applications to be coordinated with the DPW Supervising Environmental Analyst. • Prior to construction permits need to be obtained during design development. • The consultant shall not submit the project for review or “approval” to any municipal land use commission or board, unless the DPW PM approves such review; however, such review is only a courtesy, since state actions are exempt from local approvals, EXCEPT for demolition permits.

Environmental Policy and Permitting Permits, Certifications and Approvals Checklist Highlights Permits, Certifications and Approvals Checklist • New Checklist August 18, 2008 • On DPW main web site – consultants can download the latest version • Added more project description (estimated bid date, SF, parking spaces, etc. ). • Requires the Checklist to be submitted with consultant’s proposal and revised and resubmitted with each design submittal. • All DEP Inland Water Resources Division and STC correspondences and applications to be coordinated with the DPW Supervising Environmental Analyst. Permits, Certifications and Approvals Checklist Instructional Guide • New document September 1, 2008 • Will be on DPW’s main web site – consultants can download the latest version

Environmental Policy and Permitting DPW Permitting & CEPA Internal Processes Flow Chart PROJECT PHASES PERMITS Project Initiation (B-100) Consultant Selection Schematic Design Environmental Planning Notice & Review Copy Env. Planning meeting minutes (proposal review) Copy Env. Planning meeting minutes CEPA on-call initiated Permit Checklist Submitted w/ proposal Draft permit applications due at 50% SD Permit Checklist w/ SD submittal. Copy to Tech. Svc. continued CEPA Internal Reviews continued

Environmental Policy and Permitting DPW Permitting & CEPA Internal Processes Flow Chart PROJECT PHASES continued PERMITS Final permit applications due at beginning of DD CEPA continued DEP Priority Request Design Development Public Review Period Absolute latest at 50% DD Permit Checklist w/ DD submittal. Copy to Tech. Svc. All permit approvals due at beginning of CD Contract Documents Absolute latest at 50% CD Record of Decision OPM Approval Mitigation Checklist Review Permit Checklist w/ CD submittal. Copy to Tech. Svc. continued

Environmental Policy and Permitting DPW Permitting & CEPA Internal Processes Flow Chart PROJECT PHASES PERMITS continued Bid CEPA continued All Prior to Construction approvals required to Bid (J. Bolton/J. Cassidy sign off) Construction All Prior to Operation permits due before substantial completion. Erosion & soil control check. Close Out Ensure Client Agency understands maintenance and long term compliance measures Env. Planning mitigation follow up

Environmental Policy and Permitting DPW Permitting & CEPA Internal Processes Flow Chart PROJECT PHASES PERMITS continued Bid CEPA continued All Prior to Construction approvals required to Bid (J. Bolton/J. Cassidy sign off) Construction All Prior to Operation permits due before substantial completion. Erosion & soil control check. Close Out Ensure Client Agency understands maintenance and long term compliance measures Env. Planning mitigation follow up