FREQUENTLY ASKED QUESTIONS

Question: Why does the Department require the completion of the Environmental/Cultural review process?

Answer: The Department is required to comply with all Federal and State laws and regulations which govern the protection of wetlands protected under the Clean Water Act and Executive Order 11990, threatened and endangered species protected under the Endangered Species Act, and Section 4(f) properties protected under Section 4(f) of the Department of Transportation Act. In addition, the Department must comply with Section 106 of the National Historic Preservation Act (NHPA).

Federal law, such as the Endangered Species Act, requires that the potential of any activity performed in conjunction with a transportation project be evaluated before initiating such activity. Material sources are considered part of the Federal undertaking for transportation projects in North Dakota. Material sources include rip-rap and material from commercial sources, and any other area of planned ground disturbing activities, such as staging area(s), plant site, stockpile area(s), and haul road(s). This is further required as a condition of Section 404 permits

The Department is also required by a condition in the Section 404 permits issued by the USACE, “ to provide the locations of all material sources to be utilized for each phase of construction, along with documentation of cultural and endangered species clearance for each site, prior to use”.

Question: Does the Contractor have to submit every pit to the Environmental/Cultural review process?

Answer: Yes! If it is a pit that has been submitted previously, you can expect a rapid reply, perhaps while still on the telephone. It is important for the Project Engineer to be able to document Environmental and Cultural Resource compliance for every pit that is being used on his or her project. Sometimes a pit's status may change through time. The review process is designed to insure that the pit's status is clear to everybody, and there will be no surprises or delays during construction.

Question: What is the Project Engineer’s responsibility in this process?

Answer: The Project Engineer is required to submit the legal description and map received from the Contractor to the Environmental Section within two working days to begin the process.

Question: Won't this add more time between when the contractor finds a material source and when he can begin using the source?

Answer: Maybe. Gravel and borrow suppliers have become accustomed to our Cultural Resource review process, which has been in place for over 10 years. The addition of the Environmental review has been dovetailed into the Cultural Resource review process, to simplify the contacts that the Project Engineer and Contractor have to make, and to help streamline the process.

Question: How quickly can the Environmental review process be completed before starting the Cultural review process?

Answer: Within 5 working days of receipt of the information from the Project Engineer, the Environmental Section will meet with the US Fish and Wildlife Service to obtain clearance. If further review is required, the Environmental Section will coordinate with the local US Fish and Wildlife Service Wetland Management District office to review the location(s) in the field. The purpose of this is to identify avoidance areas and areas that can be used. This additional review in the field may take up to an additional 10 working days to schedule.

Question: Why does the entire process take 30 days to complete?

Answer: The Department must coordinate with Federal and State agencies on the proposed clearance. In some cases we need to work with out-of-state records. It may take less than or more than 30 days to complete, but on average it can take 30 days to complete both the Environmental and Cultural Review process.

Question: What should the Project Engineer do when the Contractor notifies him of a sighting or discovery?

Answer: The Project Engineer should make every attempt to contact the Environmental or Cultural Resource Section Leader, Program Manager, or Design Engineer to begin consultation with the resource and regulatory agencies.

Question: Why do I need to inform the Cultural Resource Section of a discovery immediately upon being notified by the Contractor?

Answer: Federal and State laws require reporting certain types of discoveries within 24 hours. Depending on what you discover, and the location, we may be required to consult with law enforcement, tribes, the State Historic Preservation Officer, and the Advisory Council. The quicker we report the discovery and begin consultation, the quicker work may resume in the area.

The same holds true with threatened and endangered species; the Project Engineer must notify the Environmental Section immediately. We need to notify the US Fish and Wildlife Service within 24 hours of a sighting. The quicker we report the sighting and begin consultation, the quicker work may resume on the project.

Question: Why can’t work continue on the project, away from the area where an endangered or threatened species is sited?

Answer: Construction noise and activity can disturb the species, therefore until the US Fish and Wildlife Service observes the species and physical surroundings, no work can continue.

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