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Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
CE/EA/EIA
 Categorical Exclusion (CE): completed to demonstrate that an
   area being considered for development does not warrant an EA or
   full EIA.
 Environmental Assessment (EA): completed for an area being
   considered for development that has limited environmental value
 Environmental Impact Assessment (EIA): required when a
   Subject Site or area has significant environmental values
All assessments typically include:
   -Land use
   -Faulting
   -Wetlands
   -Endangered species
   -Noise
   -Socioeconomic Impacts
   -Historical/Archaeological Resources
Faulting in the Houston Area
CE/EA/EIA

 Required by Regulatory Agencies
   -Federal Highway Administration (FHA)
   -TxDOT
   -Federal Transportation Authority (FTA)
   -Federal Aviation Administration (FAA)
 Required to meet U.S. Council on Environmental
  Quality requirements under the National
  Environmental Policy Act (NEPA)
Categorical Exclusion Ex.
Categorical Exclusion Ex.
Categorical Exclusion Ex.
Categorical Exclusion Ex.
Categorical Exclusion Ex.
Categorical Exclusion Ex.
Environmental Assessment Ex.
Environmental Assessment Ex.
Environmental Assessment Ex.
Environmental Assessment Ex.
Environmental Assessment Ex.
Permitting
What?
 Corps 404 Wetlands Permitting (Clean Water Act)
  -Wetlands Delineation and Ordinary High Water Mark Drawings
  -Soil Test Pit Data Sheets
  -GPS coordinates in UTM to 1-meter resolution
   Corps Section 10 Bridge Permitting for Navigable Waters (Rivers and Harbors Act)
   USCG Section 9 Bridge Permitting for Navigable Waters (Rivers and Harbors Act)
   Section 9 & 10 Permitting Typically Include:
    -Location Map
    -Plan & Elevation View of Bridge
    -Section 401 Water Quality Certification from TCEQ
    -Coastal Zone Management Certification from GLO if in a mapped Coastal Area
    -Approved Environmental Document (Categorical Exclusion, EA/FONSI, EIS)
Why?
  -Ensure wetlands maintain their surface water purification and wildlife habitat
  capabilities
  -Ensure navigable waters maintain their proper flow dynamics and
  accessibility to vessel traffic
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.




HARRIS COUNTY PUBLIC INFRASTRUCTURE
            DEPARTMENT
Permitting Ex.




HARRIS COUNTY PUBLIC INFRASTRUCTURE
            DEPARTMENT
Permitting Ex.




HARRIS COUNTY PUBLIC INFRASTRUCTURE
            DEPARTMENT
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Permitting Ex.
Phase I & II ESAs
 Phase I ESA – an assessment, resulting in a report, which is prepared for
  a real estate holding, typically involved in a transaction, which identifies
  potential or existing environmental contamination liabilities. The
  process, content and preparation of a Phase I assessment are governed
  by American Society of Testing and Materials (ASTM) Standard Practice
  for Environmental Site Assessments: Phase I Environmental Site
  Assessment Process (ASTM Designation: E1527-05)

 Phase II ESA – usually initiated as a result of a recommendation coming
  out of a Phase I ESA if conditions are found to exist which indicate the
  potential for environmental contamination to exist on a Subject Site.
  Although content of a Phase II ESA is governed by the findings of the
  Phase I ESA, Phase II ESAs are governed by (ASTM) Standard Practices
  for Environmental Site Assessments: Phase II ESA Process (ASTM
  Designation: E1903-97, Re-approved 2002)
Phase I & II ESAs
 Most often required by lending institutions (banks) to protect
  their investment in a property transaction

 May be requested by a seller as a pro-active attempt to
  satisfy the buyer and prove that the Subject Site has no
  liabilities. Most buyers will however want their own agent to
  do an assessment as well, at least as confirmation of what
  the seller is telling them

 Most often requested by a buyer to satisfy their lending
  institution and for their own peace of mind
Phase I ESA
• Records Review: most commonly subcontracted by the
  Environmental Professional(s) responsible for conducing
  the Phase I ESA, to an Environmental Data Base Firm who
  maintains databases of government required
  reporting, historical photos, historical maps, etc.
• Site Reconnaissance: by an Environmental Professional
• Interviews: with owners and occupiers, regulators

                           • Report Preparation: typically addresses both the
                             underlying land as well as physical improvements to the
                             Subject Site; however, techniques applied in a Phase I
                             ESA never include actual collection of physical samples
                             or chemical analyses of any kind.
                           • Excluded from the scope of Phase I ESAs are: asbestos-
                             containing materials (ACM), radon, lead based
                             paint, lead in drinking water, wetlands, cultural and
                             historic risks, industrial hygiene, health and
                             safety, ecological resources, endangered species, and
                             indoor air quality
Phase II ESA
• Intrusive investigation: to identify and determine the nature
  and extent of potential contamination. It normally follows a
  Phase I investigation where site conditions or history of
  use and/or neighboring lands, or age of facility suggest
  potential for impaired conditions


• Boreholes, Test Pits and/or Wells: to provide a representative
  coverage of the area of concern. Groundwater monitoring
  wells may also be installed to analyze water quality. Subsurface
  conditions including soil stratigraphy, groundwater
  evaluations, flow, direction, and gradient, as well as depth to
  bedrock may be determined during such investigations. Based
  on the results obtained during the subsurface investigation
  programs as well as other available information, site sensitivity
  assessment is conducted in order to identify legislation or
  guideline requirements.
Phase II ESA
• Laboratory characterization of soil, groundwater, air and
  materials is completed in addition to assessment of the
  physical properties of subsurface environments and
  contaminants. Chemical constituents are analyzed and
  compared to applicable Environmental Regulations and
  Standards. If exceedances are found, zones of contaminated
  soils or groundwater are delineated and quantified.


• Possible effects on human health and safety and the natural
  environment are researched as well as potential migration
  pathways, possibility of off-site impacts and chemical
  stability.


• Recommendations of alternative remediation technologies
  as well as timing and costs can be included.
Phase II Ex.




CITY OF HOUSTON
Phase II Ex.


CITY OF HOUSTON
Phase II Ex.


CITY OF HOUSTON
Operational Issues
• Tank Removal and other Remediation Activities: based on the findings of
  Phase II ESAs.

• Stormwater Management: Usually based on a Stormwater Pollution Prevention
  Plan (SWPPP or SWP3) which is required under the National Pollution Discharge
  Elimination System (NPDES) its Texas counterpart, TPDES.

• Waste Management: No specific plan required routinely, however many
  regulations exist, particularly around hazardous waste
  handling, storage, transport and disposal, and of course, in retroactively
  cleaning up sites contaminated with hazardous wastes under the Resource
  Conservation and Recovery Act (RCRA), and Comprehensive Environmental
  Response, Compensation, and Liability Act (CERCLA). The USEPA has a lot of
  guidance on managing wastes on its website.

• Auditing: The USEPA encourages self- policing and has incentives for self
  discovery, disclosure, correction and prevention of violations.
Waste Management Ex.
Waste Management Ex.
Waste Management Ex.
Waste Management Ex.
Waste Management Ex.
Environmental Issues Related to Construction Projects
Confidential Client
Columns in a high-end condominium complex were heaving
due to soils expansion caused by water absorption. Cracking
of walls and floors was occurring from the first to third floors.
The water source was not known but was suspected to be one
of four things:
    1) aboveground pool with known cracks allowing leakage
    2) below-ground sanitary sewer line from the complex
    3) on-site storm water detention basin
    4) nearby bayou suspected of causing saturated soils from
        high water events
 Drill 12 borings to 20 ft to evaluate soil geotechnical
  properties
 Install piezometers to establish groundwater levels near
  potential water sources
 Evaluate groundwater chemistry to identify probable
  water sources
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
HCPID needed geotechnical and environmental services for a
roadway      expansion  project   that   included     lane
additions, bridge widening, and drainage improvements.
Drainage improvements consisted of conversion of roadside
ditches to culverts.
 Lane expansion and detention pond geotechnical studies
 Phase I and II Environmental Site Assessments
 Historical/Cultural Survey, including archaeological pedestrian and
  excavation surveys
 Threatened and Endangered Species Survey
 Wetlands and Water Bodies Delineation and Corps 404 Permitting
 Geophysical Surveys
 Waste Management and Health and Safety Plans
 Third-Party Contractor Quality Assurance Monitoring for construction
  materials and hazmat handling
Environmental Issues Related to Construction Projects
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
Environmental Issues Related to Construction Projects
HARRIS COUNTY PUBLIC
  INFRASTRUCTURE
    DEPARTMENT
HARRIS COUNTY PUBLIC
  INFRASTRUCTURE
    DEPARTMENT
Environmental Issues Related to Construction Projects
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
Environmental Issues Related to Construction Projects
HARRIS COUNTY PUBLIC
INFRASTRUCTURE DEPARTMENT
Environmental Issues Related to Construction Projects
HISD needed Phase I and II ESAs to
evaluate the presence of hazardous
materials before initiating a school upgrade
and expansion project.
Environmental Issues Related to Construction Projects
HOUSTON INDEPENDENT
  SCHOOL DISTRICT
HOUSTON INDEPENDENT
  SCHOOL DISTRICT
HOUSTON INDEPENDENT
  SCHOOL DISTRICT
HISD
Metropolitan Transit
     Authority
      METRO
METRO was entering into negotiations with a seller
for a key tract to be used for the Intermodal Terminal
as part of its light rail expansion program and
needed expert witness testimony related to the
negative impacts on valuation caused by hazardous
materials on the tract. The presence of the hazmat
limited development options for foundations, i.e.
slab on grade versus structural foundations.
 Phase I ESA

 Phase II ESA

 Supplemental Phase II ESA

 Geotechnical Study

 Expert Witness Litigation Support

 Investigation Derived Waste Management
METRO
METRO
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
City of League City
The City of League City needed to stabilize the
slopes of Robinson Bayou and also wanted to
construct a hike and bike trail along the high bank
of the bayou. Geotechnical and environmental
studies were required to support the project
design and environmental permitting tasks.
 Geotechnical Study
 Historical/Cultural Resources Survey
 Threatened and Endangered Species Survey
 Wetlands and Water Bodies Delineation
 Hydrogeomorphic Modeling and Wetlands Functional Assessment
 Stream Functional Assessment
 USFWS and TPWD Section 7 Consultation
 Wetlands Mitigation Plan
 Bid Specifications Review
 Corps 404 Permitting
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
CITY OF
LEAGUE CITY
CITY OF
LEAGUE CITY
CITY OF
LEAGUE CITY
CITY OF
LEAGUE CITY
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Project Summary
The City of Orange wanted to develop a boardwalk along a stretch of
the Sabine River that has an oxbow meander loop that is no longer the
principal flow centerline for the river. Geotechnical and environmental
studies were required to support the project design and environmental
permitting tasks.


Scope of Work
  Geotechnical Study
  River Flow Velocity Study
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects
CITY OF ORANGE
CITY OF ORANGE
Environmental Issues Related to Construction Projects
Environmental Issues Related to Construction Projects

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Environmental Issues Related to Construction Projects

  • 3. CE/EA/EIA  Categorical Exclusion (CE): completed to demonstrate that an area being considered for development does not warrant an EA or full EIA.  Environmental Assessment (EA): completed for an area being considered for development that has limited environmental value  Environmental Impact Assessment (EIA): required when a Subject Site or area has significant environmental values All assessments typically include: -Land use -Faulting -Wetlands -Endangered species -Noise -Socioeconomic Impacts -Historical/Archaeological Resources
  • 4. Faulting in the Houston Area
  • 5. CE/EA/EIA  Required by Regulatory Agencies -Federal Highway Administration (FHA) -TxDOT -Federal Transportation Authority (FTA) -Federal Aviation Administration (FAA)  Required to meet U.S. Council on Environmental Quality requirements under the National Environmental Policy Act (NEPA)
  • 17. Permitting What?  Corps 404 Wetlands Permitting (Clean Water Act) -Wetlands Delineation and Ordinary High Water Mark Drawings -Soil Test Pit Data Sheets -GPS coordinates in UTM to 1-meter resolution  Corps Section 10 Bridge Permitting for Navigable Waters (Rivers and Harbors Act)  USCG Section 9 Bridge Permitting for Navigable Waters (Rivers and Harbors Act)  Section 9 & 10 Permitting Typically Include: -Location Map -Plan & Elevation View of Bridge -Section 401 Water Quality Certification from TCEQ -Coastal Zone Management Certification from GLO if in a mapped Coastal Area -Approved Environmental Document (Categorical Exclusion, EA/FONSI, EIS) Why? -Ensure wetlands maintain their surface water purification and wildlife habitat capabilities -Ensure navigable waters maintain their proper flow dynamics and accessibility to vessel traffic
  • 21. Permitting Ex. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT
  • 22. Permitting Ex. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT
  • 23. Permitting Ex. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT
  • 34. Phase I & II ESAs  Phase I ESA – an assessment, resulting in a report, which is prepared for a real estate holding, typically involved in a transaction, which identifies potential or existing environmental contamination liabilities. The process, content and preparation of a Phase I assessment are governed by American Society of Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM Designation: E1527-05)  Phase II ESA – usually initiated as a result of a recommendation coming out of a Phase I ESA if conditions are found to exist which indicate the potential for environmental contamination to exist on a Subject Site. Although content of a Phase II ESA is governed by the findings of the Phase I ESA, Phase II ESAs are governed by (ASTM) Standard Practices for Environmental Site Assessments: Phase II ESA Process (ASTM Designation: E1903-97, Re-approved 2002)
  • 35. Phase I & II ESAs  Most often required by lending institutions (banks) to protect their investment in a property transaction  May be requested by a seller as a pro-active attempt to satisfy the buyer and prove that the Subject Site has no liabilities. Most buyers will however want their own agent to do an assessment as well, at least as confirmation of what the seller is telling them  Most often requested by a buyer to satisfy their lending institution and for their own peace of mind
  • 36. Phase I ESA • Records Review: most commonly subcontracted by the Environmental Professional(s) responsible for conducing the Phase I ESA, to an Environmental Data Base Firm who maintains databases of government required reporting, historical photos, historical maps, etc. • Site Reconnaissance: by an Environmental Professional • Interviews: with owners and occupiers, regulators • Report Preparation: typically addresses both the underlying land as well as physical improvements to the Subject Site; however, techniques applied in a Phase I ESA never include actual collection of physical samples or chemical analyses of any kind. • Excluded from the scope of Phase I ESAs are: asbestos- containing materials (ACM), radon, lead based paint, lead in drinking water, wetlands, cultural and historic risks, industrial hygiene, health and safety, ecological resources, endangered species, and indoor air quality
  • 37. Phase II ESA • Intrusive investigation: to identify and determine the nature and extent of potential contamination. It normally follows a Phase I investigation where site conditions or history of use and/or neighboring lands, or age of facility suggest potential for impaired conditions • Boreholes, Test Pits and/or Wells: to provide a representative coverage of the area of concern. Groundwater monitoring wells may also be installed to analyze water quality. Subsurface conditions including soil stratigraphy, groundwater evaluations, flow, direction, and gradient, as well as depth to bedrock may be determined during such investigations. Based on the results obtained during the subsurface investigation programs as well as other available information, site sensitivity assessment is conducted in order to identify legislation or guideline requirements.
  • 38. Phase II ESA • Laboratory characterization of soil, groundwater, air and materials is completed in addition to assessment of the physical properties of subsurface environments and contaminants. Chemical constituents are analyzed and compared to applicable Environmental Regulations and Standards. If exceedances are found, zones of contaminated soils or groundwater are delineated and quantified. • Possible effects on human health and safety and the natural environment are researched as well as potential migration pathways, possibility of off-site impacts and chemical stability. • Recommendations of alternative remediation technologies as well as timing and costs can be included.
  • 39. Phase II Ex. CITY OF HOUSTON
  • 40. Phase II Ex. CITY OF HOUSTON
  • 41. Phase II Ex. CITY OF HOUSTON
  • 42. Operational Issues • Tank Removal and other Remediation Activities: based on the findings of Phase II ESAs. • Stormwater Management: Usually based on a Stormwater Pollution Prevention Plan (SWPPP or SWP3) which is required under the National Pollution Discharge Elimination System (NPDES) its Texas counterpart, TPDES. • Waste Management: No specific plan required routinely, however many regulations exist, particularly around hazardous waste handling, storage, transport and disposal, and of course, in retroactively cleaning up sites contaminated with hazardous wastes under the Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The USEPA has a lot of guidance on managing wastes on its website. • Auditing: The USEPA encourages self- policing and has incentives for self discovery, disclosure, correction and prevention of violations.
  • 50. Columns in a high-end condominium complex were heaving due to soils expansion caused by water absorption. Cracking of walls and floors was occurring from the first to third floors. The water source was not known but was suspected to be one of four things: 1) aboveground pool with known cracks allowing leakage 2) below-ground sanitary sewer line from the complex 3) on-site storm water detention basin 4) nearby bayou suspected of causing saturated soils from high water events
  • 51.  Drill 12 borings to 20 ft to evaluate soil geotechnical properties  Install piezometers to establish groundwater levels near potential water sources  Evaluate groundwater chemistry to identify probable water sources
  • 60. HCPID needed geotechnical and environmental services for a roadway expansion project that included lane additions, bridge widening, and drainage improvements. Drainage improvements consisted of conversion of roadside ditches to culverts.
  • 61.  Lane expansion and detention pond geotechnical studies  Phase I and II Environmental Site Assessments  Historical/Cultural Survey, including archaeological pedestrian and excavation surveys  Threatened and Endangered Species Survey  Wetlands and Water Bodies Delineation and Corps 404 Permitting  Geophysical Surveys  Waste Management and Health and Safety Plans  Third-Party Contractor Quality Assurance Monitoring for construction materials and hazmat handling
  • 65. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT
  • 66. HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT
  • 77. HISD needed Phase I and II ESAs to evaluate the presence of hazardous materials before initiating a school upgrade and expansion project.
  • 79. HOUSTON INDEPENDENT SCHOOL DISTRICT
  • 80. HOUSTON INDEPENDENT SCHOOL DISTRICT
  • 81. HOUSTON INDEPENDENT SCHOOL DISTRICT
  • 82. HISD
  • 83. Metropolitan Transit Authority METRO
  • 84. METRO was entering into negotiations with a seller for a key tract to be used for the Intermodal Terminal as part of its light rail expansion program and needed expert witness testimony related to the negative impacts on valuation caused by hazardous materials on the tract. The presence of the hazmat limited development options for foundations, i.e. slab on grade versus structural foundations.
  • 85.  Phase I ESA  Phase II ESA  Supplemental Phase II ESA  Geotechnical Study  Expert Witness Litigation Support  Investigation Derived Waste Management
  • 86. METRO
  • 87. METRO
  • 96. The City of League City needed to stabilize the slopes of Robinson Bayou and also wanted to construct a hike and bike trail along the high bank of the bayou. Geotechnical and environmental studies were required to support the project design and environmental permitting tasks.
  • 97.  Geotechnical Study  Historical/Cultural Resources Survey  Threatened and Endangered Species Survey  Wetlands and Water Bodies Delineation  Hydrogeomorphic Modeling and Wetlands Functional Assessment  Stream Functional Assessment  USFWS and TPWD Section 7 Consultation  Wetlands Mitigation Plan  Bid Specifications Review  Corps 404 Permitting
  • 118. Project Summary The City of Orange wanted to develop a boardwalk along a stretch of the Sabine River that has an oxbow meander loop that is no longer the principal flow centerline for the river. Geotechnical and environmental studies were required to support the project design and environmental permitting tasks. Scope of Work  Geotechnical Study  River Flow Velocity Study