KDOT Environmental Compliance & Permits 4 — Questions and Answers
Question 1: Which document formally authorizes a KDOT project to proceed after demonstrating compliance with all applicable environmental laws and permits?
- Record of Decision (ROD) or Finding of No Significant Impact (FONSI) (Correct answer)
- Stormwater Pollution Prevention Plan (SWPPP)
- Biological Assessment (BA)
- Notice of Intent (NOI)
Correct answer: Record of Decision (ROD) or Finding of No Significant Impact (FONSI)
A ROD (for EIS projects) or FONSI (for EA projects) is the final NEPA decision document authorizing a project to proceed.
Question 2: A contractor discharges concrete washout water directly into a roadside ditch. Under the KDOT SWPPP, this is a violation because concrete washout water is:
- A highly alkaline non-stormwater discharge prohibited under NPDES (Correct answer)
- An acceptable discharge if diluted with rainwater
- Permitted as long as pH is tested on-site
- Only regulated if the ditch connects to a waterway within 1 mile
Correct answer: A highly alkaline non-stormwater discharge prohibited under NPDES
Concrete washout water is a prohibited non-stormwater discharge due to its high pH and chemical content, which can harm aquatic life.
Question 3: Under Executive Order 12898, KDOT must evaluate environmental justice impacts primarily to protect:
- Minority and low-income populations from disproportionately high adverse environmental effects (Correct answer)
- Endangered species within project corridors
- Wetlands and waters of the U.S. from fill activities
- Air quality in urban nonattainment areas
Correct answer: Minority and low-income populations from disproportionately high adverse environmental effects
EO 12898 requires federal agencies to identify and address disproportionately high adverse effects on minority and low-income populations.
Question 4: What is the purpose of a Nationwide Permit 14 (NWP 14) under the Clean Water Act for KDOT projects?
- To authorize linear transportation crossings of waters of the U.S. with minimal adverse effects (Correct answer)
- To permit construction in wetlands larger than 10 acres
- To allow dredging in navigable rivers for bridge foundations
- To regulate stormwater discharge from roadway surfaces
Correct answer: To authorize linear transportation crossings of waters of the U.S. with minimal adverse effects
NWP 14 specifically covers linear transportation projects (roads, highways, railroads) that cross waters of the U.S. with minimal impacts.
Question 5: During project construction, the inspector must ensure the contractor's SWPPP is updated when which condition occurs?
- There is a change in design, construction, or operation that affects the site's BMPs or discharge points (Correct answer)
- A new foreman is assigned to the project
- Rainfall exceeds 1 inch in a 24-hour period
- The project schedule is delayed by more than 2 weeks
Correct answer: There is a change in design, construction, or operation that affects the site's BMPs or discharge points
SWPPPs must be updated whenever changes in design, construction, or operations affect BMPs, discharge points, or the potential for pollutant discharge.
Question 6: Which Kansas agency issues the Water Appropriation Permit required when a KDOT project involves dewatering that discharges to state waters?
- Kansas Department of Agriculture, Division of Water Resources (Correct answer)
- Kansas Department of Health and Environment
- Kansas Corporation Commission
- U.S. Army Corps of Engineers
Correct answer: Kansas Department of Agriculture, Division of Water Resources
Kansas water rights are administered by the Division of Water Resources under the Kansas Department of Agriculture, which issues appropriation permits.
Question 7: What is the regulatory threshold (acreage of soil disturbance) that triggers the requirement to obtain NPDES Construction General Permit coverage in Kansas?
- 1 acre or more of disturbance (Correct answer)
- 5 acres or more of disturbance
- 0.5 acres or more of disturbance
- 2 acres or more of disturbance
Correct answer: 1 acre or more of disturbance
Under the NPDES CGP, construction activities disturbing 1 or more acres (or less if part of a common plan of development disturbing 1+ acre) require permit coverage.
KDOT Environmental Compliance & Permits 4
Which document formally authorizes a KDOT project to proceed after demonstrating compliance with all applicable environmental laws and permits?