Boot Camp Breakout Session #3. September 19, 2018 Carolyn France Moderator Transportation Alternatives Program Manager, Central Office

Similar documents
1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs.

RIGHT OF WAY PRIMARY ROLES & RESPONSIBILITIES

OFFICE OF REAL ESTATE

LOCAL PUBLIC AGENCY MANUAL

State Revolving Fund Loan Programs Guidance for Project Land Acquisition For SRF Financed Projects

RIGHT OF WAY LIFE CYCLE

Figures List for New LPA Manual

TABLE OF CONTENTS General Legal Authority for Certification of Right of Way Control 24-2

RECORDKEEPING PROCESS. All ACEDP grantees are required to develop a recordkeeping system that is comprehensive, well-organized and easy to review.

Putting it all together. Presented by: RIGHT OF WAY SERVICES

Ruth M. Borrelli Nevada Department of Transportation Chief Right-of-Way Agent

INDEX. of subrecipients, VIII -2 records, VI-1, 4, 13. OMB Circular A-122, VIII- 3 certification: I-28

Task Central Office Real Estate Responsibilities District Responsibilities

JAMES R. HALL, SR. REALTY OFFICER FEDERAL HIGHWAY ADMINISTRATION OFFICE PHONE:

CHAPTER 3: IDENTIFYING SECTION 4(f) PROPERTIES

A Guide for Property Owners and Tenants

INFORMATIONAL HANDOUT

Sound Transit. Performance Audit Report Real Property Acquisition

Brad Faiman, NDDOT Right of Way Raymond Barchenger, NDDOT Right of Way

Frequently Asked Questions From the Certification of R/W Training Sessions

A Guide for Property Owners and Tenants

Federal Aid Acquisition Guide. For Property Owners

DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, DC Real Estate RELOCATION ASSISTANCE PROGRAM

5.5 Relocations and Displacements

DWR REAL ESTATE COORDINATION PLAN

The Uniform Act. Acquisition, Relocation & Demolition. Disaster Recovery CDBG Administration Training. February 14, 2012

The Uniform Act. CDBG Disaster Recovery Regional Training Acquisition Rehabilitation Demolition Displacement August 2015

OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF REAL ESTATE. James J. Viau, Manager, Relocation Section. Changes and Updates to the Real Estate Manual

Uniform Relocation/ Section 104(D)/ Environmental Review

5.5 Relocations and Displacements

content chapter Section 6(f) Land and Water Conservation Fund Areas 23.1 Summary of Key Legislation, Regulations, and Guidance 23.

Chapter 9-Uniform Relocation Voluntary Sales Disclosure Environmental Review. Applicability

State of Florida Department of Transportation EXHIBIT A, SCOPE OF SERVICES

Locally Administered Projects Overview

Tiered Environmental Review Format (2017)

Welcome to the Location & Design Public Hearing for: Baymont Inn & Suites, Lake Hamilton, Arkansas Thursday, June 25, How do I become involved?

MFA Relocation Policies and Procedures

County Engineers Workshop February 4, Little River Casino and Resort Manistee, Michigan

THE WAIVER OF APPRAISAL

OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF REAL ESTATE

HEROS Kickoff for Partner Roll-Out

PUBLIC HEARING FM 2499 Section 4

DESIGN BUILD PROJECTS

Lawrenceville Housing Corporation

Siting Renewable Energy: Land Use & Environmental Due Diligence. Polly B. Jessen Catherine M. van Heuven March 8, 2013

SCOPE OF SERVICES RIGHT OF WAY CONSULTANT SERVICES FM # (a) Right of Way (R/W) Acquisition Review (f) Business Damage Report

DEPARTMENT OF THE ARMY U.S. Army Corps of Engineers Washington, DC Regulation No May 2015

Establishing a Wetland Bank in Minnesota

LAND ACQUISITION FOR PUBLIC AIRPORTS

ACQUISITION. Real Property Acquisition For Kansas Highways, Roads, Streets and Bridges

Displacement and Relocation A. INTRODUCTION B. METHODOLOGY

OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF REAL ESTATE. Kevin O Grady, Manager Appraisal Unit. Changes and Updates to the Real Estate Manual

LAnd Acquisition for PubLic AiRPoRts

Acquisition IOWA 2015 CDBG MANAGEMENT GUIDE APPENDIX 2 PAGE: 79

TARGETED VERIFICATION DOCUMENTS

Acquiring Real Property for Federal and Federal-Aid Programs and Projects

PACIFIC REGION LAND ACQUISITION REQUIREMENTS

Down Payment and Closing Cost Assistance. Neighborhood Housing Services of Bedford Stuyvesant 1012 Gates Avenue Brooklyn, NY 11221

FOREST SERVICE HANDBOOK NATIONAL HEADQUARTERS (WO) WASHINGTON, DC

FLORIDA DEPARTMENT OF TRANSPORTATION

Amended Noise Mitigation Plan

DRAFT Decision Notice and Finding of No Significant Impact

Uniform Act for CDBG-DR

2. Our community wants to demolish some blighted properties. How can we meet a CDBG national objective with this activity?

NCHRP Improved Right-of-Way Procedures and Business Practices. Cesar Quiroga Texas Transportation Institute Texas A&M University System

RIGHT OF WAY DATA SHEET (Form #)

EXHIBIT "A" SCOPE OF SERVICES CONTINUING SERVICES CONTRACT FOR RIGHT OF WAY CONSULTANT SERVICES. FP1D No. TO BE DETERMINED

6.5 LAND AND WATER CONSERVATION FUND ACT SECTION

Guidelines to Allocate Funds for Metropolitan Highway Rights of Way

NEPA Introduction Course: Farmland

SCOPE OF SERVICES Appraisal Consultant Services For SR 710/Beeline Highway FM

OPERATIONS MANUAL CHAPTER 3 ACQUISITION AND PROPERTY MANAGEMENT

NSP Spring Cleaning. Documenting Compliance For Closeout. May 29, 2018

Table of Contents Executive Summary...1 This audit focused on acquisitions and dispositions of City-owned real estate... 1 During the four-year

Title VI Plan Middle Peninsula Planning District Commission

LCRA BOARD POLICY 401 LAND RESOURCES. Sept. 21, 2016

FM 1626 Public Hearing - January 14, 2016

BLUEPRINT REAL ESTATE POLICY

The Uniform Act & Section 104(d) in Disaster Recovery

NSP DEVELOPER ARRESALE PROGRAM PROCEDURES

BOULDER COUNTY/BROOMFIELD COUNTY REGIONAL CONSORTIUM S COMMUNITY PLANNING AND DEVELOPMENT PROGRAMS DISPLACEMENT PLAN

DELAWARE STATE HOUSING AUTHORITY LOW INCOME HOUSING TAX CREDIT QUALIFIED CONTRACT GUIDE

Field CPD Division Directors Issued: July 17, 2001 Field Environmental Officers Expires: July 17, 2002 HOME Participating Jurisdictions and Partners

Subtitle H Agricultural Conservation Easement Program

Single-family Properties Activities Pgs. 1-5

Evaluating and Processing Road and Utility Easement Proposals on Corps Lands and Flowage Easements

Honolulu District U.S. Army Corps of Engineers

RULES OF THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION DIVISION OF WATER RESOURCES ABANDONED MINE LANDS RECLAMATION PROGRAM

Goals for Today s Session. Understand Best Practices for sound real estate transactions. Learn tips & tricks to implement

Chapter 8 Uniform Relocation Assistance and Real Property Acquisition, Section 104(d), and Lead-Based Paint

LAND USE APPLICATION

Right-of-Way Acquisition and

CITY OF TACOMA HOUSING & COMMUNITY DEVELOPMENT 2012 APPLICATION SUPPLEMENTAL FORM

OHIO DEPARTMENT OF TRANSPORTATION OFFICE OF REAL ESTATE. Changes and Updates to the Real Estate Manual

County of Kern HOME Program Housing Developer Pre-Application

Precondemnation Procedures: Acquiring Right of Way in a New World October 9, Presented by David Graeler and Brad Kuhn

Noise Mitigation Plan

Application Procedures for Easements or Rights of Way on City of Fort Collins Natural Areas and Conserved Lands March 2012

Code of Federal Regulations

PLAN FOR MINIMIZING DISPLACEMENT/ASSISTANCE FOR DISPLACED PERSONS

Transcription:

Boot Camp Breakout Session #3 September 19, 2018 Carolyn France Moderator Transportation Alternatives Program Manager, Central Office

Environmental Overview Kevin Bradley Lynchburg District Environmental Manager

Environmental Overview Environmental Considerations Avoidance and Minimization Threatened and endangered species Archaeological Sites Historic Buildings and structures Battlefields Air and Noise

Environmental Overview Environmental Considerations continued Environmental Justice Displacements/Relocations Water Quality Permits (wetlands/streams) Parks, recreation areas, wildlife refuges Prime Farmland Hazardous Materials

Environmental Overview Specific Environmental Considerations NEPA National Environmental Policy Act Section 4(f) Section 6(f) Water Quality Permits Threatened and Endangered Species Air/Noise Cultural Resources Hazardous Materials

Locality: Environmental Overview Roles and Responsibilities Responsible for complying with Project Agreement Responsible to VDOT for compliance with State and Federal environmental requirements Responsible for implementing environmental commitments If not done, project funding is jeopardized

Environmental Overview Roles and Responsibilities VDOT: Responsible for complying with Project Agreement Responsible to state agencies for State Environmental Review Process (SERP) for state funded projects Responsible for the Environmental Review Process (ERP) for federally funded projects

Environmental Overview Roles and Responsibilities continued Responsible to FHWA for National Environmental Policy Act (NEPA) for federally eligible projects Adopt and sign NEPA documents prepared by Locality Technical assistance & guidance to Locality

Development of project purpose and need as necessary Examination of alternatives as necessary Interagency coordination Assessment of impacts Public involvement Classes of actions (CE, EA, EIS) Documentation Environmental Overview Elements of the NEPA Process

Environmental Overview Natural Resources Permits Locality secures all permits Permits may have compensation & mitigation requirements; restrictions (TOYR, commitments, etc.) Documentation provided to VDOT in Natural Resources Due Diligence form (EQ-555) Permits must be in-hand prior to advertisement / construction Build timeframes into schedule

Environmental Overview Natural Resources Threatened and Endangered Species In 2010 the USFWS implemented use of the Online Review Process using the IPaC (Information, Planning and Conservation) system VDOT had, to that point, used state databases to identify potential project concerns with sensitive areas For projects that are federally eligible or that require federal permits, use of this system is required by both FHWA and the Corps of Engineers

Threatened and Endangered Species Requirements may include Design considerations Time-of-Year Restrictions Mitigation Permit conditions

Confirm presence of species DGIF DCR-DNH IPaC Eagle Nest Locator Critical Habitat Migratory Birds Bats (hibernacula) Environmental Overview Locality Responsibility Conduct necessary assessments Incorporate Special Provisions; if necessary

Environmental Overview Noise and Air Impacts Locality conducts noise & air analyses Coordinate with VDOT prior to beginning studies Coordinate results with VDOT Construction of noise barriers decided by FHWA & VDOT Noise Abatement Committee Noise barriers can affect R/W & project cost

Environmental Overview Air Study Coordinate through VDOT to determine if study is necessary Project Regionally Significant Adds capacity Changes interchange configuration VDOT Air Section approves study methodology VDOT reviews and approves study prior to submittal to FHWA

Environmental Overview Cultural Resources (Section 106) Locality conducts archaeological and/or architectural studies Recommended that studies be submitted to VDOT for review Obtain VDHR effect determination; may include commitments VDOT must be part of any Memorandum of Agreement that is negotiated Submit VDHR correspondence to VDOT

Environmental Overview Unanticipated Discoveries Usually involves an archaeological find Stop work in immediate vicinity For human remains contact law enforcement Notify DHR (and C.Ps.) within 48 hours Include assessment of eligibility Determination of effect Steps to avoid or minimize Adverse Effects DHR has 48 hours to respond

Environmental Overview Hazardous Materials Locality performs studies to determine presence prior to acquisition of R/W (Phase I and Phase II) Any issues inform VDOT so FHWA can be consulted Asbestos and lead can be items that need to be addressed when dealing with buildings and bridges Provide VDOT with the Hazardous Materials Due Diligence Form (EQ-121)

Environmental Overview Project Certifications VDOT prepares R/W Re-evaluation and PS&E Re-evaluation during project development Prepares final Environmental Certification prior to advertisement authorization Reports, forms and correspondence/documentation from Locality to VDOT allows completion VDOT conducts Environmental Quality Assurance reviews once a year on Localities

Environmental Overview VDOT Guidance and Requirements Locally Administered Projects (LAP) Manual Environmental Requirements for federally funded projects in Chapter 15 VDOT Project Coordinator best source of information Additional guidance from District Environmental Section

Environmental Overview VDOT Guidance and Requirements Information and forms available on VDOT website

Right of Way Ashby T. Jones Jr. R/W Special Projects Coordinator VDOT Western Region

Introduction to the Locally Administered Projects (LAP) Manual Chapter 16 - Right of Way

16.1 Introduction Processes and responsibilities: o Acquisition of rights of way o Relocation of displaced individuals, businesses, farms and non-profit organizations o R/W Authorization and Certification o Disposition of residue / surplus properties o VDOT s responsibilities for oversight and certification of LPA activities for federal-aid projects

16.2 Applicability All federal-aid projects o state-aid in R/W o developed as federally eligible Do Not Apply to state-aid projects with without state-aid in R/W Projects meeting criteria outlined in Chapter 5 (LAP Manual) o Do not apply if R/W not acquired or transferred in VDOT s name o Sole responsibility of locality to meet state code(s)

16.2 Applicability continued oprocesses intended as informational & recommended ovdot will require Certification statement (Appendix 5-A) osubject to post-project audits by VDOT Special Program Requirements at end of each section

16.3 Summary Right of Way = ALL interests in land Chapter 16 provides basic understanding of federal-aid R/W process Guide for state-aid procedures Non federal-aid projects LPA responsible for compliance and certification

16.3 Summary 16.3 Summary continued LPA lacks necessary expertise / employ consultants o Ensure compliance with federal regulations if federal-aid on any phase LPA expected to obtain copy and understanding of VDOT R/W Manual Federal Projects VDOT required to certify LPA s compliance o Does not exempt LPA from responsibilities of laws and regulations Key provisions to prevent conflicts of interest

16.4 Preliminary Right of Way Process 16.4.1 Introduction 16.4.2 Right of Way Special Projects Coordinator 16.4.3 Staff Augmentation / Consultants 16.4.4 Right of Way Cost Estimate 16.4.5 Notice of Intent to Enter 16.4.6 Right of Way Plans

16.4.1 Introduction LPA Responsible for parcel-specific records: o Acquisition and Relocation o Retain records three (3) years LPA may use RUMS or an equivalent tracking system for recordkeeping o RUMS templates encouraged Recordkeeping Greatest occurrence of non-compliance

16.4.2 VDOT Right of Way Special Projects Coordinators R/W REGION: COORDINATOR: Northeast (Nova, Culpeper, Fredericksburg) Southeast (Richmond & Hampton Roads) Rick Rohm (540) 829-7594 Al Cargill (757) 925-2606 Western (Staunton, Lynchburg, Salem, Bristol) Ashby Jones (540) 332-8918 Carl Mohney (540) 387-5323

16.4.3 Staff Augmentation / Consultants If the LPA does not have qualified staff: o LPA shall hire qualified consultants VDOT maintains a list of pre-qualified appraisers and consultant contracting firms o LPA responsible for monitoring consultant

16.4.4 Right of Way Cost Estimate Initial R/W (& Utilities) Estimate at Scoping Stage o May use PCES or own system - ultimately in PCES Alternate Right of Way Worksheet and/or Alternate Utilities Worksheet uploads required o Updates at project milestones o Relocation Assistance Report (Stage 1) required Sample Forms (Appendix 16-D) o Lump-sum is not adequate

16.4.5 Notice of Intent to Enter Prior to entering property o Letter of Intent to Enter Upon Property 33.2-1011 of the Code of Virginia Generally 15 days prior to date of entry Documented in agency files VDOT s form letters - RUMS

16.4.6 Right of Way Plans RW info on plans and/or plats early RW-301 Plan Review Checklist o Typically 60% plan design phase o List of items that must be included Title Sheet signed by LPA responsible charge o Indicating plans are complete and adequate Acquisition Relocation of Utilities

16.5 Right of Way Phase Authorization Before the LPA may begin making offers: o Must obtain Federal Authorization to begin R/W AND o R/W Notice to Proceed (issued by VDOT R/W) Prior to the above: o Title examinations o Appraisals (Evaluations) o Appraisal reviews o and other preliminary work leading up to o but NOT including negotiation for and making an offer

16.6 Right of Way Phase Authorization continued LPA must submit to the VDOT Project Coordinator: o Final R/W Plans, with title sheet signed by LPA responsible charge o Completed/Signed R/W & Utilities Plan Review Checklist (RW-301 see Appendix 16-A) o Detailed R/W and Utilities cost estimate After plan review, verification of funds and receipt of federal authorization, VDOT will issue R/W NTP

16.6 Right of Way Acquisition 16.6.1 Fair Market Value 16.6.2 Property Negotiations 16.6.3 Relocations 16.6.4 Donations

16.6.1 Fair Market Value Prior to: Certified Letter of Intent to Enter Property o COV 33.2-1011 o Allow owner opportunity to accompany appraiser Written explanation of land acquisition procedure o VDOT A Guide for Property Owners & Tenants o or LPA s VDOT approved brochure Appraisal {Appraisal Waiver Valuation (BAR)} o Licensed appraiser must sign o Licensed review appraiser by their signature o Approval of LPA PM by their signature

16.6.2 Property Negotiations Written appraisal reviewed and approved before - o First negotiation contact with landowner providing: Written (approved) appraisal/evaluation Certified title examination Written offer based on approved evaluation Reasonable time (generally a minimum of 30 days)

16.6.2 Property Negotiations continued Maintain written diary of all contacts Donations See 16.6.4 LPA responsibilities: o acquire in its name o condemn under its own authority o unless otherwise agreed, fee will remain with LPA

Uniform Act established to ensure to the maximum extent possible, all displacees are: o Relocated in a timely, successful manner and treated Fairly Consistently Equitably Completed at least 90 days prior to ad for construction Mandatory Provisions 16.6.3 Relocations o Detailed in VDOT s RW Manual, Chapter 6

16.6.4 Donations COV 25.1-417(10) addresses donations VDOT R/W Manual of Instructions 5.5.1 Donations Locality s agent must: o Explain project, acquisition and impacts to remainder o Advise the owner of the right to just compensation Provide written value unless waived Donation Acknowledgement Form Appendix 16-E o All contacts should be maintained in the written diary

16.7 Right of Way Certification Prior to Advertisement Prior to and condition of construction ad o Right of Way Certification Letter Completed by the LPA Certifies all R/W & Relocation complete Even if no R/W required for project (Appendix 16-B)

16.8 Property Management FHWA regulations - 23 CFR 710 Subpart D. Applicable where federal funds participate in R/W Section summarizes allowable cost participation LPA responsibilities: o preservation of improvements o reasonable safety measures o prevent, minimize or correct problems

16.9 Changes to Limited Access Relevant Codes & Regulations LPA submit request package (see list) to project coordinator

16.10 Federal Policies for Right of Way Acquisition Cost Reimbursement Eligible / Ineligible Costs: o Parcels inside R/W are eligible o Outside R/W are ineligible o Exceptions Improvement needing to be removed Uneconomic Remnants

16.10 Federal Policies for Right of Way Acquisition Cost Reimbursement continued o Acquisition of Property Specifically For Exchange Without prior federal approval, reimbursement cannot be obtained o Functional Replacement (23 CFR 710.509) o Generally, the purchase of personal property is ineligible

16.11 VDOT Monitoring and Compliance Verification Process Federally funded projects (any phase) oversight responsibility with VDOT: o R/W Compliance Review Worksheet (Appendix 16-C) o Special Project Coordinator will contact the LPA o LPA must provide access to any and all records State funded projects also subject to review

16.12 Railroad Coordination 16.12.1 Introduction 16.12.2 Communication 16.12.3 Plan Review

16.12.1 Introduction Any project on, near, or over/under a railroad per 23 CFR 635.307, requires VDOT or its subrecipients to coordinate with the railroad owner well in advance of construction in order to prevent unnecessary delays or costs Coordination will need to be completed before Right of Way Certification can be received

16.12.2 Communication Communication between the LPA PM and VDOT Project Coordinator Additional assistance obtained from the VDOT Rail Section through VDOT Project Coordinator

16.12.3 Plan Reviews Project milestones - LPA PM submit plans o Scoping Package Concept Plan o 30% Package PFI Plan o 60% Package Right-of-Way (R/W) Plan o 90% Package PAC Plan o 100% Package VDOT Project Coordinator notifies VDOT Rail Coordinator VDOT Rail Coordination Section o Review for completeness o Forwards to railroad representative

16.13 Local Government Submittals / File Documentation

16.14 References 23 CFR 771.129 VA Code 33.2-1011 23 USC 49 CFR 24 42 USC Chapter 61 (Uniform Act) 23 CFR 645.111 23 CFR 710 VDOT Right of Way Manual of Instructions Real Estate Acquisition Guide for Local Public Agencies, FHWA

Chapter 16 - Right of Way Checklist These checklists can be found in their entirety in the VDOT Online Forms library