Page 52 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

ENVIRONMENTAL ISSUES 35

• Perform and document a biological assessment.
• If there are no species present or there will be no effect, obtain FWS concurrence through
FHWA before circulating the draft environmental document under NEPA.
• If the preferred alternative affects species, request conference or consultation with the
FWS through FHWA, which must be completed before the final environmental docu-
ment under NEPA can be approved.

Rivers and Harbors Act. The Rivers and Harbors Act of 1899 (33 USC 401 et seq. RHA)
was enacted to protect navigation and the navigable capacity of the nation’s waters. Two
provisions of the act have to potential to significantly affect highway projects proposed in
or around U.S. harbors or rivers are

• Section 9 of the RHA, which requires a permit for the construction of bridges or cause-
ways across navigable waters of the United States
• Section 10 of the RHA, which requires a permit for various types of work performed in
navigable waters, including stream channelization, excavation, and filling
The permit jurisdiction is divided between two agencies. The Section 9 bridge permit is
the responsibility of the USGS. Section 10 for construction activities performed in the
water is within the jurisdiction of the USACOE. Although often issued together, this
permit has independence from a permit issued under Section 404 of the Clean Water Act.

1.4.3 Federal Requirements Concerning Hazardous
and Nonhazardous Waste
Projects that include purchase of new right-of-way, excavation, or demolition or modifica-
tion of existing structures should be evaluated to determine whether there is any known or
potential hazardous waste within the proposed project limits. Where hazardous substances
are involved, adequate protection must be provided to employees, workers, and the com-
munity prior to, during, and after construction. Typical materials that may constitute haz-
ardous waste include pesticides, organic compounds, heavy metals, industrial waste, or
other compounds injurious to human health and the environment.
Assessment of the potential presence of hazardous materials is conducted in two stages
referred to as phases I and II. Phase I investigations are based on documentary research and
visual observation to identify concerns and evaluate the likelihood that hazardous sub-
stances have affected the property. Phase II includes the on-site collection of soil or water
samples and completion of laboratory analysis to confirm that contamination is present.
Phase I generally consists of historical research to evaluate current and past land uses and
operations with a focus on what hazardous substances may have been introduced into the
soil or water (including groundwater at the site); a search of regulatory records to evaluate
whether the site or adjacent properties are listed in files as having violations, recorded haz-
ardous substances releases or incidents, or a history of storing, handling, using, transport-
ing, or disposing of hazardous substances; physical description of the soil geology and of
surface water and groundwater, in order to evaluate the potential for migration of contam-
inants from the source to another property; and a site walk to observe the site conditions
and operations as well as those of the neighboring properties. Phase II is a specifically
designed sampling and analysis program that effectively addresses the concerns raised in
the Phase I study. Phase II should be designed to collect sufficient data to establish that a
valid concern exists and to indicate what level of remediation may be required to address
the concern. The American Society for Testing and Materials (ASTM) has developed a
standard for completion of Phase I and Phase II investigations.