Environmental Issues Related to Construction Projects

ENVIRONMENTAL ISSUES RELATED TO CONSTRUCTION

PROJECTSSTATE OF TEXAS PROFESSIONAL ARCHITECTS

CONTINUING EDUCATION

Presented by:

Paul WildVice President, Environmental Services Tolunay-Wong Engineers, Inc.

Presented to:

AIA Houston

March 14, 2013

Introduction

• Professional Background• Discussion

- CE/EA/EIA- Permitting- Phase I & II ESAs- Operational Issues- Supplemental Case Histories

• Questions

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.

PermittingWhat? 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.

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Permitting Ex.

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.

CITY OF HOUSTON

Phase II Ex.

Phase II Ex.

CITY OF HOUSTON

CITY OF HOUSTON

Phase II Ex.

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.

Supplemental Case Studies

Kirby Drive

Spring Cypress Road

Grady Middle School

IT-16

Robinson Bayou

Orange Harbor

Kirby Drive

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 leakage2) below-ground sanitary sewer line from the complex3) on-site storm water detention basin4) nearby bayou suspected of causing saturated soils from

high water events

Project SummaryKirby Drive

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

Scope of WorkKirby Drive

Kirby Drive

Kirby Drive

Kirby Drive

Kirby Drive

Kirby Drive

Kirby Drive

Kirby Drive

Spring Cypress Road

Harris County Public Infrastructure Department

HCPID

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.

Project SummarySpring Cypress Road

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

Scope of WorkSpring Cypress Drive

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

Spring Cypress Road

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE

DEPARTMENT

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE

DEPARTMENT

Spring Cypress Road

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Spring Cypress Road

Spring Cypress Road

HARRIS COUNTY PUBLIC INFRASTRUCTURE DEPARTMENT

Grady Middle School

Houston Independent School District

HISD

HISD needed Phase I and II ESAs to evaluate the presence of hazardous materials before initiating a school upgrade and expansion project.

Project SummaryGrady Middle School

Phase I ESA

Phase II ESA

Supplemental Phase II ESA

Negotiations with and Notification to Railroad Commission of Texas

Waste Management Plan

Health and Safety Plan

Third-Party Contractor Quality Assurance Monitoring for hazmat handling

Scope of WorkGrady Middle School

HOUSTON INDEPENDENT SCHOOL DISTRICT

Grady Middle School

Grady Middle School

HOUSTON INDEPENDENT SCHOOL DISTRICT

Grady Middle School

HOUSTON INDEPENDENT SCHOOL DISTRICT

Grady Middle School

HISD

IT-16

Metropolitan Transit AuthorityMETRO

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. 

Project SummaryIT-16

Phase I ESA

Phase II ESA

Supplemental Phase II ESA

Geotechnical Study

Expert Witness Litigation Support

Investigation Derived Waste Management

Scope of WorkIT-16

IT-16

METRO

IT-16

METRO

IT-16

IT-16

IT-16

IT-16

IT-16

IT-16

IT-16

Robinson Bayou

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. 

Project SummaryRobinson Bayou

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

Scope of WorkRobinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

CITY OF LEAGUE CITY

Robinson Bayou

CITY OF LEAGUE CITY

Robinson Bayou

CITY OF LEAGUE CITY

Robinson Bayou

CITY OF LEAGUE CITY

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Robinson Bayou

Orange Harbor

City of Orange, TX

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

Project Summary & Scope of WorkOrange Harbor

Orange Harbor

Orange Harbor

Orange Harbor

Orange Harbor

Orange Harbor

Orange Harbor

Orange Harbor

Orange Harbor

CITY OF ORANGE

Orange Harbor

CITY OF ORANGE

Orange Harbor

Thank you!Questions?