Operating under the terms of the MA, including the incorporation of the ‘four concurrence points’,  the NEPA lead and the resource agencies have the assurance that simultaneous consideration will be given to the resources under their respective purview during the development of the preferred alternative.  The four concurrence points have required a strict adherence to the project schedule from all parties. The coordination that this entails continues to improve between the contractor, the project team and the resource agencies.

The simultaneous consideration of the resources, i.e., merging 404 requirements with those of NEPA, has illuminated one of the major challenges of merging the alternative screening process. For example,  the alternative screening criteria sufficient for a NEPA analysis can be inclusive of a ”human environment’ criterion in order to comply with the Executive Order on Environmental Justice.  Alternative screening sufficient for the LEDPA is focused on the ‘natural environment’ as allowed under the 404(b)(1) Guidelines.  Under the 404(b)(1) Guidelines, the categories allowable for screening are: Purpose and Need, Existing Technology, Logistics, and Cost.

Merging criteria involving the human environment with that of the natural environment have caused the practitioners to consider greater use of the ‘flexibility guidelines’ included in the 404(b)(1) Guidelines.  Yet, these guidelines were developed for the ‘natural environment’, thereby  limiting their consideration of resources involving the ‘human environment.  The agencies meet periodically in an effort to find a mutual solution to this and other issues.