KDOT Environmental Compliance & Permits 3 — Questions and Answers
Question 1: Which section of NEPA requires federal agencies to prepare an Environmental Impact Statement (EIS) for major federal actions significantly affecting the environment?
- Section 102(2)(C) (Correct answer)
- Section 404
- Section 7(a)(2)
- Section 106
Correct answer: Section 102(2)(C)
NEPA Section 102(2)(C) mandates preparation of an EIS for major federal actions with significant environmental effects.
Question 2: A contractor's SWPPP requires silt fence installation before grading begins. The inspector observes grading started without any silt fence. This constitutes a:
- Permit violation requiring immediate corrective action documentation (Correct answer)
- Minor deviation allowable if rain is not forecast
- Acceptable practice if the site drains away from waterways
- Routine observation requiring no action until final inspection
Correct answer: Permit violation requiring immediate corrective action documentation
Beginning grading without required BMPs in place violates the NPDES Construction General Permit and must be documented and corrected immediately.
Question 3: Under the Endangered Species Act Section 7, informal consultation between a federal agency and U.S. Fish & Wildlife Service is used when a project is likely to:
- Have no effect or may affect but is not likely to adversely affect listed species (Correct answer)
- Jeopardize the continued existence of a listed species
- Result in take of more than 10 individuals of a listed species
- Require an Environmental Impact Statement
Correct answer: Have no effect or may affect but is not likely to adversely affect listed species
Informal consultation is used for 'may affect, not likely to adversely affect' determinations, resulting in a concurrence letter rather than a full Biological Opinion.
Question 4: What is the primary purpose of a Section 401 Water Quality Certification issued by KDHE?
- To certify that federally permitted activities comply with state water quality standards (Correct answer)
- To authorize construction within FEMA floodplains
- To approve stormwater pollution prevention plans
- To designate wetland mitigation bank locations
Correct answer: To certify that federally permitted activities comply with state water quality standards
Section 401 of the Clean Water Act requires states to certify that federally permitted discharges meet state water quality standards before federal permits can be issued.
Question 5: On a KDOT project, an inspector discovers a previously unidentified archaeological site during grading. Under Section 106, work should stop and which agency must be notified?
- Kansas State Historical Society (KSHS/SHPO) (Correct answer)
- U.S. Environmental Protection Agency
- U.S. Army Corps of Engineers
- Kansas Department of Wildlife & Parks
Correct answer: Kansas State Historical Society (KSHS/SHPO)
Section 106 of the NHPA requires consultation with the State Historic Preservation Officer (SHPO) when historic properties may be affected by federal undertakings.
Question 6: Which BMP is most effective at preventing sediment-laden runoff from leaving a construction site at a concentrated discharge point?
- Sediment basin or sediment trap (Correct answer)
- Silt fence along the perimeter
- Straw wattle on slopes
- Rock check dam in a swale
Correct answer: Sediment basin or sediment trap
Sediment basins and traps are designed to capture concentrated flows and allow sediment to settle before water leaves the site.
Question 7: A KDOT project crosses a 100-year floodplain. Which federal regulation governs the need to minimize encroachments and assess floodplain impacts?
- Executive Order 11988 (Floodplain Management) (Correct answer)
- Clean Water Act Section 404
- NEPA Section 102
- Executive Order 12898 (Environmental Justice)
Correct answer: Executive Order 11988 (Floodplain Management)
Executive Order 11988 requires federal agencies to avoid, minimize, and mitigate adverse impacts of floodplain development on federal projects.
KDOT Environmental Compliance & Permits 3
Which section of NEPA requires federal agencies to prepare an Environmental Impact Statement (EIS) for major federal actions significantly affecting the environment?