14 Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making (August 2016)

Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making

AASHTO

PRACTITIONER’S

HANDBOOK

The Practitioner’s Handbooks are produced by the Center for

Environmental Excellence by AASHTO. The Handbooks provide

practical advice on a range of environmental issues that arise

during the planning, development, and operation of transportation

projects.

The Handbooks are primarily intended for use by project managers

and others who are responsible for coordinating compliance with

a wide range of regulatory requirements. With their needs in mind,

each Handbook includes:

▪ key issues to consider;

▪ a background briefing;

▪ practical tips for achieving compliance; and

▪ a list of reference materials.

In addition, key regulations, guidance materials, and sample

documents for each Handbook are posted on the Center’s web

site at

http://environment.transportation.org. American Association of State Highway and Transportation Officials Center for Environmental Excellence by AASHTO

August 2016

APPLYING THE SECTION 404(B)(1)

GUIDELINES IN TRANSPORTATION

PROJECT DECISION-MAKING

This Handbook is intended to assist practitioners in applying the Section

404(b)(1) Guidelines in the environmental review process for surface

transportation projects. The Handbook focuses on highway and transit

projects that require an individual Section 404(b)(1) Guidelines permit

under the Clean Water Act and involve preparation of an environmental

impact statement (EIS) or environmental assessment (EA) under the

National Environmental Policy Act (NEPA).

This Handbook outlines steps that can be taken at each stage of the

environmental review process to lay the foundation for compliance with the

guidelines. Issues covered in this Handbook include:

■ Linking the transportation planning process to project-level studies

and decisions

■ Initiating an environmental review process that includes NEPA and

Section 404(b)(1) Guidelines requirements (as well as Rivers and

Harbors Act requirements, where applicable)

■ Identifying and evaluating aquatic resources, including waters of the

United States

■ Defining “purpose and need” under NEPA and “overall project pur-

poses” under Section 404(b)(1) Guidelines

■ Developing, screening, and evaluating alternatives under both NEPA

and Section 404(b)(1) Guidelines

■ Selecting a preferred alternative that complies with the guidelines

and with the requirement for a public-interest determination

■ Developing mitigation measures that comply with the guidelines

■ Resolving inter-agency disputes involving the guidelines