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Pages 12-30

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From page 12... ... 13 purpose law, from whom approval of some sort (e.g., a permit) is required if the proposed development project will impact the specially-protected environmental resource. Read the entire page →
From page 13... ... 14 and proposing solutions.96 Airport sponsors are expected to "know well in advance when they must take an action to meet an airport need."97 During the master planning stage, airport sponsors are expected to critically analyze how well a proposed development project will serve its purpose98 (i.e., whether there is a rational fit between the project and the airport's need) Read the entire page →
From page 14... ... 15 Figure 4. Tendency of Survey Respondents to Consult with FAA to Develop Purpose and Need. Read the entire page →
From page 15... ... 16 Figure 5. Tendency of FAA to Suggest Changes in Airport Sponsor's Purpose and Need. Read the entire page →
From page 16... ... 17 statement."116 Accordingly, the purpose and need in the FAA's EIS may deviate from the purpose and need in the airport sponsor's EA to better reflect the FAA's statutory objectives.117 The purpose and need in the FAA's EIS will typically focus on how the proposed development promotes safety.118 Generally, the airport sponsor need not be concerned that the FAA will radically alter the proposed development project based on the FAA's revised statement of purpose and need. Even where the FAA does not directly adopt the airport sponsor's purpose and need, the airport sponsor's purpose and need is still relevant to any action approved by the FAA.119 All survey respondents with EIS experience reported that the FAA's EIS directly adopted the airport sponsor's purpose and need from the EA without making any changes. Read the entire page →
From page 17... ... 18 B Environmental Impacts As discussed in Section I, under NEPA, both the EA and the EIS are to discuss the environmental impacts of the proposed development project. Read the entire page →
From page 18... ... 19 increased noise exposure.138 A NEM depicting a proposed new development might not be prepared at the development planning stage (since a similar analysis will be required later in an EA or EIS) ,139 but any existing NEMs illustrating potential adverse noise impacts from existing airport development to noise-sensitive land uses surrounding the airport should be incorporated into the development planning process.140 If the airport sponsor has concerns about the noise impacts of the existing airport layout, a NEM may be prepared at the planning stage as a precursor to a Noise Compatibility Program to mitigate the noise from existing development,141 regardless of whether any new development is ultimately proposed. Read the entire page →
From page 19... ... 20 nary circumstances are involved if the proposed development is "likely to be highly controversial on environmental grounds," such as when there is "reasonable disagreement" over whether the proposed development project will have significant environmental impacts.150 Therefore, to determine whether there are extraordinary circumstances, the airport sponsor must at least perform a preliminary assessment of the environmental impacts of the development that the airport sponsor seeks to categorically exclude from NEPA review. The mere presence of extraordinary circumstances does not necessarily mean that NEPA review is required.151 The FAA (not the airport sponsor) Read the entire page →
From page 20... ... 21 further consider alternatives to the proposed development or ways to mitigate the environmental impact of the proposed development. The analysis begins and ends with the determination that the environmental impact is so insignificant that the activity is categorically excluded from NEPA. Read the entire page →
From page 21... ... 22 whether to issue a FONSI, and may need to be made available to the public (as discussed in Section III.D.i herein) so that the public can adequately review and comment upon the EA.167 Whereas the discussion of alternatives is the "heart" of the EIS, the discussion of environmental impacts of the airport sponsor's proposed development project is "the critical part" of the EA.168 This is because the main purpose of the EA is to allow the FAA to determine whether it can issue a FONSI -- effectively approving the project without subjecting it to further environmental review. Read the entire page →
From page 22... ... 23 will be primarily responsible for consulting with the outside agency, the airport sponsor should be prepared to provide additional analysis or data in these impact categories, above and beyond what may be required by the FAA for NEPA purposes, in order to obtain the necessary permit or consent from the outside agency. Read the entire page →
From page 23... ... 24 C Alternatives i. Read the entire page →
From page 24... ... 25 responsible for the identification and analysis of alternatives that are required in the EA. The identification of alternatives is heavily influenced by the airport sponsor's statement of purpose and need: The alternatives are to include "no action," the airport sponsor's proposed development project, and all reasonable alternative "ways to achieve the stated purpose and need," including alternatives "that are within the sponsor's or FAA's purview, and those alternatives outside FAA's jurisdiction."198 However, it is unlikely that an airport sponsor will be required to abandon its proposed development project in favor of an alternative outside the purview of the FAA or airport sponsor. Read the entire page →
From page 25... ... 26 Figure 6. Tendency of Survey Respondents to Consult with FAA to Develop Alternatives. Read the entire page →
From page 26... ... 27 preferred alternative."211 In response to the survey conducted for this digest, all of the airport sponsors with EA experience reported that the FAA never selected a different preferred alternative after reviewing the airport sponsor's Final EA. Read the entire page →
From page 27... ... 28 pacts to existing infrastructure, property acquisition, relocation of residences and businesses, costs, and preliminary environmental impacts."226 Also at the second tier, the FAA considers "environmental and social factors, operational efficiency factors, economic factors, and national policy factors."227 The preliminary environmental impacts considered at the second tier may include conformity, compatibility, or consistency determinations required by special-purpose environmental laws, so that alternatives that would impact specially protected environmental resources are rejected at the second tier in favor of other "practicable" alternatives that do not implicate the special-purpose laws.228 Only alternatives that survive to the third-tier are subjected to detailed analysis of environmental impacts. At this third tier review, the FAA will rely on the airport sponsor to provide its planning data (e.g., forecasts) Read the entire page →
From page 28... ... 29 cooperating agency as its "preferred alternative."233 While the FAA's EIS is being prepared, the airport sponsor will continue to perform such preliminary work as may be required to obtain the necessary permits and other releases from other federal, state, or local agencies under specialpurpose environmental laws or state mini-NEPA laws.234 However, if the FAA learns that the airport sponsor "is about to take an action within the [FAA] 's jurisdiction that would…limit the choice of reasonable alternatives, the responsible FAA official shall promptly notify the applicant that the FAA will take appropriate action to insure that the objectives and procedures of NEPA are achieved."235 In other words, after it has proposed development requiring an EIS, the airport sponsor has an obligation to allow the FAA to consider as broad a range of alternatives as possible, until the FAA has documented its preferred alternative in the EIS. Read the entire page →
From page 29... ... 30 ii. Mitigation Discussion in the Environmental Assessment As a general rule, if the airport sponsor's EA indicates that its proposed project will have significant environmental impacts, a FONSI cannot be issued and the FAA will have to prepare an EIS before it can approve the project. Read the entire page →
From page 30... ... 31 wetlands in the vicinity of the airport.250 The FAA issued a FONSI, which approved the runway extension, and said that the airport sponsor would prepare a detailed mitigation plan "that will compensate for the impacts associated with the project" and that the airport sponsor was "required to finalize their wetland mitigation plan prior to the start of construction."251 The airport sponsor received grant funds from the FAA based on the FONSI.252 The airport sponsor later obtained a permit from the U.S. Army Corps of Engineers to dredge and fill the wetlands, with the understanding that the airport sponsor would use some of its FAA grant funds to purchase 20 wetlands credits from a wetlands mitigation bank.253 The U.S. Read the entire page →

From page 12...

... 13 purpose law, from whom approval of some sort (e.g., a permit) is required if the proposed development project will impact the specially-protected environmental resource.