CHAPTER 12 HOW INDUSTRY CAN PLAN AHEAD FOR MORE EFFICIENT PERMIT TIMES ON PUBLIC LANDS
| Jurisdiction | United States |
(Jan 2017)
HOW INDUSTRY CAN PLAN AHEAD FOR MORE EFFICIENT PERMIT TIMES ON PUBLIC LANDS
Project Manager, PMP, CA Associates, LLC 1
Denver, CO
Christina Reed
U.S. Bureau of Land Management
Project Manager, Federal Coal Leasing Programmatic EIS
Denver, CO
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CAROL-ANNE GARRISON is Project Manager, PMP, for CA Associates, LLC, in Denver. Carol-Anne is a dedicated project manager and designer with 17 years' experience in NEPA. Her experience with NEPA has traversed regions and agencies, working in government and in the private sector. Her motivation is to streamline and demystify the NEPA process to fulfill the law's promise of informed decision making.
CHRISTINA REED is Project Manager, Federal Coal Leasing Programmatic EIS, with the U.S. Bureau of Land Management, in Denver. She is a 2011 graduate of the University of Denver Sturm College of Law, and holds a B.A. in Political Science from Wellesley College.
January 2017
Introduction
Industry, states and Congress complain about lengthy and redundant permitting processes. In an era of tight budgets for both companies and agencies, this issue has only become more acute. Are there better ways for industry to work with federal agencies, contractors, and the interested public to bring reasonable efficiencies to the federal permitting process?
The paper focuses on ways in which operators can satisfy overlapping and related environmental statutory requirements in a more coordinated manner over the short and long terms, highlighting four topics:
(1) identification of the environmental resource issues/constraints/public concerns that will affect the project;
(2) development of tools to screen for project constraints and identify solutions, such as use of GIS spatial modeling;
(3) strategies to plan ahead for future development and permitting, including programmatic NEPA documents and regional mitigation strategies; and
(4) case studies, including a discussion of successful NEPA tactics that the oil and gas industry can borrow from the BLM streamlining efforts for public land renewable energy projects.
The paper provides practical information to operators, attorneys, and regulatory personnel to reduce duplicative and time-consuming permit preparation and environmental review and to utilize new BLM and Forest Service programs and strategies to timely move projects forward. While the case studies presented are entirely from federally permitted projects, the strategies and methods used can be applied independently by operators with the assistant of knowledgeable and experienced consultants.
Issue Identification
Identifying issues is the first step in understanding a project, as well as how best to plan and design the project as a whole. An "issue" as "a matter that is in dispute between two or more parties; a vital or unsettled matter; concern or problem." Or, as defined in NEPA, when there is disagreement about the best way to use a resource or resolve an unwanted resource condition or impact of an action (BLM NEPA Handbook 2008).
One method for identifying issues is familiar as the starting point for a NEPA analysis, namely scoping. However, a company would not need to wait for the formal scoping period to begin identifying issues. Canvasing, whether formally or informally, internal and external stakeholders can
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be done to identify issues and begin to understand the range of effects the project would have on a community or the local environment. Additionally, taking the next step to analyze the information gathered would help identify and document the characteristics of the project's risks, opportunities, and impacts.
This early issue identification also begins to identify data sets that can be used in another method to identify issues, specifically a constraints analysis of the project area. A constraints analysis screens proposed developments for potential issues that may pose a constraint to successful project implementation. Conducting a constraints analysis can provide many benefits including:
? A rapid assessment and analysis of the project site
? A summary of the environmental limiting factors
? An overview of the environmental tradeoffs expected from the project
? Preliminary environmental data to help specify the scope and requirements
? Identification of
o Land use compatibility and general project consistency with local, state, and federal land use planning documents
o Biological resources including wetlands, threatened and endangered species and key habitats
o Water, wastewater treatment and public services
o Hydrology, drainage and flooding
o Cultural and paleontological resources
o Hazardous materials
o Socio-economic considerations
Generally, a constraints analysis is done with Geographic Information System (GIS) data from existing databases and Geographic Positioning System (GPS) data from readily available field surveys, such as past biological or archaeological surveys. The analysis is performed as a desktop analysis using the multiple datasets layered in the GIS system. In general, this analytical method focuses on a defined zone or buffer around the potential project area. If a preliminary project footprint is known, then this also can be applied as a layer in the GIS system.
The quality of the analysis hinges on the quality of the data sets and literature used. Collecting data sets and/or reviewing data lists with agencies or other groups will help to understand the various elements that may be impacted by the project as well as highlight data gaps that need to be filled and identify information that is questionable or out of date. It may result in a need to add a requirement for a scientific study, or to develop partnerships with other agencies or groups. Early involvement of and collaboration with groups or agencies in the planning and design stage can result in broad acceptance and support for the project as it moves through the permitting and development processes.
Example of Constraints Analysis
Restoration Design Energy Project
The Restoration Design Energy Project (RDEP) identified lands across Arizona that may be suitable for the development of renewable energy (both wind and solar). The RDEP Record of Decision and Approved Resource Management Plan Amendments (ROD/RMPA) established 192,100 acres of renewable energy development areas (REDA) on BLM land throughout Arizona.
Identifying lands as potential REDAs was an iterative process that started out with two individual screening processes; one to locate lands with low resource sensitivity and one to locate disturbed
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lands. Taken together, these lands formed the basis...
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