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8 Pages EN V ISION A newsletter from TxDOT's Environmental Affairs Division Volume 7, Issue 2 In this issue See MITIGATION, Page 5 New law may aid mitigation process By RICHARD GOLDSMITH Environmental Affairs Division A law now in effect from the 77th Legislature will allow TxDOT more flexibility in meeting project mitigation requirements. The new law allows TxDOT to work with any appropriate public or private entity to acquire and manage property to mitigate for adverse impacts from transportation projects. The law also includes a “fee in lieu” provision that allows the department to pay an appropriate public or private entity for TxDOT’s share of a mitigation project. Previous to the new law, TxDOT could only work in cooperation with one other entity, the Texas Parks and Wildlife Department (TPWD), to manage property set aside for mitigation. TxDOT often faced providing for long-term management of smaller mitigation sites when TPWD determined that it was not feasible for TPWD to handle it. Senate Bill 416, signed by Gov. Rick Perry June 14 and effective immediately, creates the new flexibility. TxDOT must still receive approval from the respective state or federal regulatory agency on the mitigation site and management agreement. Ken Bohuslav, Deputy Division Director of ENVsaid, “This bill provides us with a great tool to develop our mitigation and long-term management more efficiently than in the past. It’s something we have needed for a long time.” Bohuslav said the bill’s provision allowing TxDOT to pay other entities in lieu of the department setting up its own mitigation sites will allow TxDOT to participate in established mitigation banks. “Our participation can be based on our need at a cost per acre to mitigate for our projects. It can allow TxDOT to meet its mitigation obligation quickly and with greater efficiency,” he said. “The opportunity would exist when offered to us by a regulatory agency, primarily the U.S. Corps of Engineers and also possibly the U.S. Fish and Wildlife Department.” As to the management aspect, previously TxDOT was limited to working only with TPWD on offsite mitigation. Because TPWD has limited resources to manage such sites, its focus has been on larger mitigation banks, Bohuslav said. The new law allows TxDOT to partner with other entities such as cities, counties and private organizations, such as the Nature Conservancy, on smaller mitigation sites. “TxDOT now has the opportunity and flexibility to Air quality regulations – new and in the works – effect TxDOT operations See ‘What Happened to 8-Hour Ozone Standard?’ – Page 3 See SPEED, Page 3 Erosion control effort honored Page 4 Compost use promoted Page 5 Houston finds solution for Greens Bayou bridge, Page 6 Summer 2001 By WAYNE YOUNG Air Quality Specialist Environmental Affairs Division An air quality regulation that reduces speed limits in both the Houston/Galveston and the Dallas/Fort Worth aeas is taking effect. Other new regulations coming out of the 77 th Texas Legislature that impact TxDOT are on the way. The speed reductions are the result of state implementation plans (SIPs) submitted by the Texas Natural Resource Conservation Commission (TNRCC) in April 2000 for the four-county Dallas/Fort Worth (DFW) ozone non-attainment area and in December 2000 for the eight-county Houston/Galveston (HOU) nonattainment area. Both SIPs require TxDOT to lower speed limits on roadways under its jurisdiction.

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Page 1: New law may aid mitigation process · New law may aid mitigation process By RICHARD GOLDSMITH Environmental Affairs Division A law now in effect from the 77th Legislature will allow

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In this issue

See MITIGATION, Page 5

New law may aid mitigation processBy RICHARD GOLDSMITH

Environmental Affairs DivisionA law now in effect from the 77th Legislature will

allow TxDOT more flexibility in meeting projectmitigation requirements.

The new law allows TxDOT to work with anyappropriate public or private entity to acquire and manageproperty to mitigate for adverse impacts fromtransportation projects. The law also includes a “fee inlieu” provision that allows the department to pay anappropriate public or private entity for TxDOT’s share ofa mitigation project.

Previous to the new law, TxDOT could only work incooperation with one other entity, the Texas Parks andWildlife Department (TPWD), to manage property setaside for mitigation. TxDOT often faced providing forlong-term management of smaller mitigation sites whenTPWD determined that it was not feasible for TPWD tohandle it.

Senate Bill 416, signed by Gov. Rick Perry June 14 andeffective immediately, creates the new flexibility.

TxDOT must still receive approval from the respectivestate or federal regulatory agency on the mitigation siteand management agreement.

Ken Bohuslav, Deputy Division Director of ENVsaid,

“This bill provides us with a great tool to develop ourmitigation and long-term management more efficientlythan in the past. It’s something we have needed for a longtime.”

Bohuslav said the bill’s provision allowing TxDOT topay other entities in lieu of the department setting up itsown mitigation sites will allow TxDOT to participate inestablished mitigation banks.

“Our participation can be based on our need at a costper acre to mitigate for our projects. It can allow TxDOTto meet its mitigation obligation quickly and with greaterefficiency,” he said. “The opportunity would exist whenoffered to us by a regulatory agency, primarily the U.S.Corps of Engineers and also possibly the U.S. Fish andWildlife Department.”

As to the management aspect, previously TxDOT waslimited to working only with TPWD on offsite mitigation.Because TPWD has limited resources to manage suchsites, its focus has been on larger mitigation banks,Bohuslav said. The new law allows TxDOT to partnerwith other entities such as cities, counties and privateorganizations, such as the Nature Conservancy, on smallermitigation sites.

“TxDOT now has the opportunity and flexibility to

Air quality regulations– new and in the works –effect TxDOT operations

See‘What

Happened to8-HourOzone

Standard?’– Page 3

See SPEED, Page 3

Erosion controleffort honored

Page 4—

Compost usepromoted

Page 5—

Houston findssolution for

Greens Bayou bridge,Page 6

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By WAYNE YOUNGAir Quality Specialist

Environmental Affairs DivisionAn air quality regulation that reduces speed limits in both the

Houston/Galveston and the Dallas/Fort Worth aeas is taking effect.Other new regulations coming out of the 77th Texas Legislature thatimpact TxDOT are on the way.

The speed reductions are the result of state implementation plans(SIPs) submitted by the Texas Natural Resource ConservationCommission (TNRCC) in April 2000 for the four-county Dallas/FortWorth (DFW) ozone non-attainment area and in December 2000 for the eight-countyHouston/Galveston (HOU) nonattainment area.

Both SIPs require TxDOT to lower speed limits on roadways under its jurisdiction.

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By RICHARD GOLDSMITHEnvironmental Affairs Division

A lifelong interest in geology ledTerry Dempsey to undergraduate andadvanced degrees in geology.Circumstances led him to ENV.

Dempsey was a rock and fossil houndeven as a boy growing up in Pasadenaand because of that he majored ingeology in college.

Dempsey, with the HazardousMaterials Management Section’s (HMM)Project Development Branch, knew whenpursuing his degrees at Stephen F. AustinUniversity in Nacogdoches that his careerwould probably take him to either the oilpatch or environmental work. He earned abachelor of science degree in geology,followed by a master’s degree in naturalsciences in 1985. The oil patch wasdepressed when he graduated so hewound up in the environmental field.

“When I graduated, the bestopportunities were in environmental workbecause the oil patch wasn’t doing well,”he said.

That was despite experience workingtwo summers each at a refinery and asteel mill.

“My father worked hard to line upgood summer jobs that helped me pay forcollege. He was a supervisor in achemical plant and knew the dangers. Hewas determined that I get my degree andnot go to work in the plants,” he said. Healso worked a stint on an off-shore oil rigas a “mud logger trainee” for $5 an hour.

Fresh out of college he took atemporary job as an inspector in a riceprocessing plant in Houston. The job wasless than fascinating – the highlight of hisday was cooking up a pot of rice twice aday — so when a job as an inspector withthe Harris County Pollution ControlDepartment was offered, he jumped at theopportunity.

His job with the county was toinvestigate pollution problems andmonitor environmental conditions in theHouston area, including landfills andrefineries. After five years, Dempseymoved to a job with an environmentalconsulting firm in Humble. The workmostly involved consulting for truckingcompanies to manage hazardous wastes,facility compliance and environmental

site assessments.After five years, Dempsey’s company

“downsized” and he was among thosewithout a job. That led him to a job withENV.

“I had some friends in Austin and I sawthe job posting on the web.” He was alsodrawn to the local music scene and theHill Country because his hobbies includehiking and mountain biking. Dempsey isalso a trip leader with the local chapter ofthe Sierra Club and he still goes rock andfossil hunting with the Central TexasPaleontological Society

Dempsey is a Certified HazardousMaterials Manager and enjoys workingwith district and division personnel toaddress hazmat compliance issues relatedto project development, as well as his roleas a trainer in ENV’s training program.

“Although we are the ‘haz-mat’section, I get to help people throughoutTxDOT with a range of solid waste andpollution problems. People are especiallyappreciatative when you can help withtheir contamination issues,” Dempseysaid.

David Boswell, director of HMM, said,“Terry is very knowledgeable aboutenvironmental rules and regulationsrelating to contamination, as well asTxDOT’s project development process.His ability to use this knowledge to findworkable solutions to the many challengesposed by contamination in roadway

projects makes him avaluable asset for thedepartment. Terry isalso reliable and has agreat work ethic. WhenTerry tackles an issue, Ican always count onhim to do a thoroughjob.”

One of the mostcommon problemsencountered onTxDOT projects areleaking undergroundstorage tanks, bothfrom service stationsand dry cleaners, whichoften result in unseencontamination insubsurface soils andgroundwater.

That was the issue on the DoniphanDrive Project in the El Paso District.Dempsey worked closely with the districtand a consultant to come up with aninnovative solution to handle excavationfor a storm water drain. The drain had togo in below the water table in that area,only three to four feet below ground levelnear the Rio Grande. Also in the areawere two dry cleaners and several otherleaking underground service station tanks.To keep the contamination frommigrating, a method called “jet grouting”was used to inject a concrete like barrierinto the soil before excavation began.

Dempsey also helped with a projecthe’s proud of in the Atlanta District inwhich bridge piers had to penetratethrough a layer of soil contaminated withcreosote. The Bridge Division helped tocome up with a method using steel casingto prevent mixing contaminated soil withuncontaminated as the piers were drilled.The creosote-tainted soil from the drillingwas managed as contaminated waste.

Dempsey also handles asbestos issuesthat crop up when TxDOT acquiresstructures in the right of way.

Dempsey married in 1999. “I married aresidential architect who is constantlycoming up with home improvementprojects so I have a whole new hobby,” hesaid.

Interest in geology led Dempseyto hazardous materials profession

Terry Dempsey at work in ENV’s HMM Section.Photo by Richard Goldsmith

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What Happened to 8-Hour Ozone Standard?WAYNE YOUNG

Air Quality SpecialistEnvironmental Affaris Division

The Environmental Protection Agency(EPA) promulgated a new ozone standardon Dec. 9, 1997. The new standardestablished more stringent standards thanthe current one-hour ozone standard andwas expected to double the number ofnonattainment areas in the United States.In Texas, the new standard was expectedto impact the Dallas-Fort Worth, Houston-Galveston, Beaumont, Austin, SanAntonio and Tyler-Longview areas. Thesole nonattainment area expected to avoidbeing nonattainment for the new standardis El Paso.

States were required to submit a list ofpotential nonattainment counties to EPAby June 2000. Texas listed the currentone-hour nonattainment counties inDallas-Fort Worth, Houston-Galveston,and Beaumont as potential nonattainmentcounties. The Austin, San Antonio, andTyler-Longview counties were listed asunclassifiable and the remainder of thestate was listed as attainment. EPAcountered that the unclassifiableclassification was not valid and publishedtheir list of potential nonattainmentcounties in January 2001. Under the EPAclassification, Texas could have as manyas 37 nonattainment counties for the eight-hour ozone standard. (We have 16counties listed as nonattainment for theone-hour ozone standard).

The American Trucking Associationsued EPA over their authority to establishthe standard and on the issue ofconsidering costs when setting a newstandard. The U.S. Supreme Court heardthe case on Election Day, Nov. 11, 2000.

Late in 2000, the U.S. Congress placedriders on the EPA Appropriations Billthat:

(1) prohibited EPA from designatingareas as nonattainment for the eight-hourstandard before June 2001 or before theSupreme Court made its decision on thecase; and

(2) established a one-year conformitygrace period for new nonattainment areas.

On Feb. 27, 2001, the Supreme Courtruled that EPA had the authority toestablish new standards and that standardsshould be set solely on health effectswithout consideration of costs. The courtalso ruled that EPA will need to determine

how to implement thestandard consistent withthe Court’s opinion.

Although EPA won thecase and has the authorityto implement an eight-hour ozone standard, itmust work out severalimplementation issuesthrough the U.S. CircuitCourt of Appeals. Theseissues deal primarily withtimeline issues between

the one and eight-hour standards and thelack of a classification tier for the eight-hour standard. The one-hour standardestablishes tiers (Marginal, Moderate,Serious, Severe, and Extreme) based onozone concentrations and establishedattainment dates and control strategies foreach of the tiers. The eight-hour standardlacks these features and has potentialconflicts with the one-hour attainmentdates and controls.

EPA now has the authority topromulgate the eight-hour standard. Themajor questions remaining are whatcounties will be designated nonattainmentand when the designations will occur.

EPA Region 6 contacts in Dallas haveindicated that designations in 2001 arevery unlikely. This is due to timelinesrequired to (1) rewrite the eight-hourozone standard rules and (2) complete thepublic hearing process.

Speed: Limits reduced to fight ozoneThese controls were included in both SIPsto reduce oxides of nitrogen (NOx) and tobring both areas into attainment with theone-hour ozone standard by Nov. 15,2007. Reducing speed limits has thepotential to lower NOx emissions duringnon-peak travel hours.

The DFW SIP requires on-systemspeed limits to be lowered 5 mph inDallas, Denton, Tarrant and Collincounties. Current 70 mph speeds will belowered to 65, and 65 mph zones will belowered to 60. Speeds will not be reducedto 55 mph on any roadways under TxDOTjurisdiction. TNRCC has submitted a listof roadways where speeds will be changedto the Traffic Operations Division and theTexas Transportation Commission hasapproved the changes.

The SIP requires that the new speed

zones take effect by Sept. 1, 2001.Personnel in the Dallas and Fort Worthdistricts have completed speed changes inDallas, Tarrant, and Denton counties.Signs are now being changed in CollinCounty and the four counties will be readyby Sept. 1.

The HOU SIP requires that speed limitsbe lowered to 55 mph in the eight countynonattainment area by May 2002.“Before” speed studies are now beingconducted in Harris, Montgomery,Galveston, Fort Bend, Brazoria, Liberty,Chambers, and Waller counties and newsigns will be in place by May 2002. A listof affected roadways is expected fromTNRCC in the near future.

Environmental speed limits areprojected to reduce NOx emissions at least5.42 tons per day in DFW and 12.33 tonsper day in the Houston nonattainment

area. The Traffic Operations Division isoverseeing implementation of theenvironmental speed limit rule.

Senate Bill 5 passed by the 77th

Legislature and signed by Governor RickPerry on June 15 requires TNRCC torepeal the Construction Shift andAccelerated Off-Road EquipmentPurchases rules for both the DFW andHOU nonattainment areas. TheConstruction Shift rule banned the use ofdiesel construction equipment from 6 a.m.to 10 a.m. in DFW and from 6 a.m. tonoon in the HOU nonattainment area. TheAccelerated Purchase Rule required earlyreplacement of off-road diesel equipmentin both areas and would have required thereplacement of all pre-2001 model yearoff-road equipment. Both rules are beingrepealed and will be replaced with

(Continued from Page 1)

See LEGISLATURE, Page 7

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By JIM DOBBINSEnvironmental Affairs DivisionHabitat for the endangered

Whooping crane was restored and aportion of the Gulf IntracoastalWaterway (GIWW) survived the threatof closure in a project recognized bythe U.S. Army Corps of Engineers(USACE) with an honor award in theChief of Engineers Design andEnvironmental Award Program.

Serious bank erosion problemsthreatened the Aransas NationalWildlife Refuge, where Whoopingcranes spend their winters. About twoacres of refuge were being lost eachyear due to GIWW vessel traffic andwind-generated waves. Because of thisthreat to the critical habitat of thefederally protected bird, the closure ofthat portion of the GIWW waspossible. In 1995, almost 27 milliontons of cargo – the equivalent of about754,000 semi-trailer loads – wastransported on that 31-mile stretch.

The project created 1,600 acres ofmarsh habitat for the Whooping cranethrough the use of dredged materials,and added spill containment booms onthe GIWW for use by the U.S. CoastGuard. Plans call for the creation ofan additional 1,600 acres of primehabitat. The project was completed inthree years, with work taking placeeach April 15 through October 15 toavoid disturbing the endangeredwaterfowl.

Erosion control was addressedthrough the use of articulatedconcre te mats and geotextiletubes. The articulated concretemats mold to more than73,000 feet oft h e shoreline,and al low vegetationto grow through themats. The

By JIM DOBBINSEnvironmental Affairs Division

The erosion problems addressed by the award-winning USACE project was not thefirst effort at saving this Whooping crane habitat.

In 1989, the Gulf Intracoastal Waterway Advisory Committee, a multi-agency groupthat included TxDOT, planned and implemented a volunteer effort to shore up theerosion prone shoreline of the canal that runs through Aransas National WildlifeRefuge.

Jim Randall, then a waterway planning engineer and now deputy director ofTransportation Planning and Programming Division, represented TxDOT at theadvisory committee meetings.

“As TxDOT’s representative at the advisory committee, I was ‘volunteered’ for theerosion control effort,” Randall said. “Several hundred volunteers, including suchgroups as the Boy Scouts, Conoco employees, and the Audobon Society, met at therefuge for a weekend in 1989. Eighty-pound bags of concrete were laid on theshoreline between the waterway and the shallow pools where the Whooping cranesfeed. Rebar was then driven through the sacks to hold the concrete in place, which, itwas hoped, would then harden. The concrete and rebar was designed to hold theremaining beach in place. This effort was repeated again in 1990. It was hard work but

was very satisfying.”

geotextile tubes were used to create abreakwater that protects 1,500 feet ofshoreline. This feature allowsseagrass close to shore to remainintact and provides additional erosionprotection.

An interagency coordination teamwas formed in the late 1980s toevaluate the project’s impacts tonatural resources. Agenciesrepresented include TxDOT, TexasParks and Wildlife Department, TexasGeneral Land Office, Texas WaterDevelopment Board, U.S. Fish andWildlife Department, U.S. CoastGuard, Aransas National WildlifeRefuge, National Marine FisheriesService, Environmental ProtectionAgency and USACE.

TxDOT also served as the project’snon-federal sponsor, and aided the

undertaking by lining up support inCongress.

Tonia Ramirez, a federallegislative analyst in the LegislativeAffairs Office, worked behind thescenes on the project.

“TxDOT served as an advocate forthis project, lining up support fromTexas’ congressional delegation,”Ramirez said. “Congressman ChetEdwards was very supportive of thisproject, as were Senators Phil Grammand Kay Bailey Hutchison. Withouttheir support, this project may neverhave been funded.”

A ceremony was held in Austwellin late March, when the award waspresented to USACE GalvestonDistrict. As the project’s non-federalsponsor, TxDOT received a copy ofthe award.

USACE honors erosion control effort

Volunteers, concrete bought timeto save Whooping crane habitat

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Compost Use and Watershed ProtectionBy BARRIE COGBURN

Design DivisionTxDOT, the Texas Natural

Resource ConservationCommission, and the TexasState Soil and WaterConservation Board recentlyinitiated a project – with $5.1million in funds securedthrough a Clean Water ActSection 319 grant from theU.S. Environmental ProtectionAgency – to encourageTxDOT’s use of compostmade from dairy manure fromfarms in two watersheds.

Because of the highconcentration of dairies in theBosque and Leon Riverwatersheds, land applicationof manure has saturated muchof the land’s ability to absorbnutrients. As a result, thenutrient runoff has led toincreased bacteria and algaedownstream in Lake Waco.

Composting the manureserves several purposes.Pathogens are killed during

the composting process andthe volume is reduced by half.This results in a product that ismore easily transported and isa valuable resource, because itis a rich source of organicmatter. Compost is proven toestablish grass cover morequickly on highwayconstruction and maintenanceprojects. It greatly reduces

erosion and runoff, and itgreatly increases the soil’sability to hold moisture, soless watering is needed.Because TxDOT is the agencyusing the most compostthrough this grant, TxDOT isthe key to the overall successof this program.

The goal of the TxDOTCompost Incentive Program is

to use 200,000 cubic yards ofcompost over a three-yearperiod. Eligible TxDOTdistricts will receive a subsidyof $5 per cubic yard to helpcover costs of transportingfinished compost to theconstruction and maintenanceprojects. Becausetransportation is a significantfactor in the price of compost,eligibility in the program islimited to those districtswithin a 150-mile radius of thewatersheds. Eligible districtsinclude Abilene, Austin,Brownwood, Dallas, FortWorth, Waco and WichitaFalls.

To find out more about theprogram including the formsnecessary for documentation,visit this crossroads website:http://crossroads.dot.state.tx.us/org/des/ld/topsoil/incentive.htm

Project scientific services contract amendedTwo two-year scientific services contracts that were originally

in place for producing only project environmental assessments(EAs) that could lead to a Finding of No Significant Impact(FONSI) are currently being amended to also produce categoricalexclusions (CEs). The amendments focus on collecting data,producing reports on the results of the analysis, and summarizingthe decisionmaking process with appropriate documentation.

The two contracts for $1 million each are in place with twoHouston-based consulting firms: Michael Baker Jr., Inc. and BergOliver Associates, Inc. ENV received 11 proposals.

Tom Bruechert, with ENV’s Project Management Section,said the contracts will now cover “anything we would do fordocumentation” on all types of projects, except environmental

impact statements (EISs).The contracts will be useful to free TxDOT district or ENV

staff for other projects, or for when a project has a short timeframe. Each $1-million contract should be enough for quite a fewdocuments, depending on the projects’ complexity,” Bruechertsaid.

If the contracts are successful, additional contracts could benegotiated as district demand warrants it, he said.

It can take five to nine months to set up a professionalengineering contract. With the scientific services contracts inplace, it takes only a matter of weeks to get a work authorizationinitiated. The first project under the new contract will be for theTyler District’s SH 135 in Gregg County.

approach a mitigationeffort from the mostefficient method,”Bohuslav said.

Jeff Casbeer, director ofENV’s Natural ResourceManagement Section, said,“The new law gives us moreoptions. We still have to

follow procedures – to avoid,minimize and then follow theresource agency preferencefor on-site/in-kind mitigationbefore we can move to a feein lieu program.”

“Where you have theimpact is where resourceagencies prefer themitigation. But that is not

always possible, or themost effective way tomitigate,” Casbeer said.

“Senate Bill 416 allowsTxDOT to be part of a win-win situation. For instance,we might be able to providethe funding to manageproperty acquired by anorganization such as the

(Continued from Page 1)

Mitigation: New law allows flexibility

Compost is spread along U.S. 377 east of Dublin in theFort Worth district. Photo by James Parker/Fort Worth District

Nature Conservancy ashabitat. We would get themitigation and they wouldget the funding to managethe land,” Bohuslav said“We now have theopportunity to develop theserelationships and we willdevelop them when they areto TxDOT’s benefit.”

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Three new faces grace ENVThe Natural Resource Management

Section (NRM) has two new staffers thisquarter and a new archeologist has joined theCultural Resource Management Section(CRM).

Kathleen Darnaby joined NRM June 14as the specialist for storm water managementand NPDES issues. She will also beconducting some Storm Water Advisory Team(SWAT) inspections. Before coming to ENV,Darnaby was with a small Austin-basedconsulting firm. Before that she spent fivemonths with the Legislative Reference Libraryat the Capitol during the 76th LegislativeSession, an interesting and fun experience, shesays.

Darnaby’s family moved often. She went tohigh school in Dallas, junior high in Atlanta,Ga., but she calls Memphis, Tenn. “home.”She has been in Austin for eight years now.

She has a bachelor’s degree in botany fromthe University of Texas at Austin with a minorin chemistry.

She has two dogs, two cats and gardens forfun.

Carla Kartman joined NRM March 21.Before ENV, Kartman was with the Austinconsulting firm of Parsons Brinckerhoff.

She earned a bachelor’s degree inenvironmental science from Texas A&M atCorpus Christi with a major in biology and aminor in chemistry. While in school, she wasalso among the first group of recruits intoAmericorps. Her Americorps assignment wasto work for the U.S. Fish and Wildlife Serviceexamining endangered species issues related toNAFTA.

Kartman said she was after a degree inmarine biology when she entered school inCorpus Christi.

“I wanted a degree in marine biologybecause I wanted to get paid for fishing,” shesaid. In the process, she fell in love withwetland ecology and pursued that instead.Coastal fishing remains one of her favoritehobbies.

She grew up in Houston and biology is hersecond career. She worked for 14 years as aspecialist in the parts departments of severaldealerships for GMC and Peterbilt trucks.

Kartman will conduct wetland delineationsand review U.S. Army Corps of Engineerspermits.

Cindy Tennis joined CRM April 16 as anarcheologist. Her experience is mostly withSpanish Colonial and historical periodarcheology.

Tennis came to ENV after 10 years with theCenter for Archeological Research at theUniversity of Texas in San Antonio (UTSA).She was the project archeologist for the awardwinning U.S. 77/Refugio mission excavation.Tennis also excavated the grave site of TexasRevolutionary hero Ben Milam at a SanAntonio park, her first major project. Theremains were examined at the Smithsonian andthen re-interred in the park. Tennis said theremains confirmed historical accounts thatMilam, killed at the Battle of Bexar just prior tothe siege of the Alamo, was killed by a sniper’sbullet to his head.

Tennis is a native of San Antonio where shelives with her husband of 35 years.

the rechannelization of the bayou, which,combined with mitigation, would have costmore than the eventual solution, which was toconstruct a bridge that spanned the anticipatedmeander path of the waterway. That allows thebayou to meander without threatening thebridge or approach roads. The design also leftmost vegetation undisturbed and did notimpact any jurisdictional waters, which weresignificant factors. I am impressed with theteam effort and results of the project, because Iknow that many different approaches wereconsidered. This project exemplifies thebenefits of the NEPA process.”

Lucio Ortiz, an engineer in the HoustonDistrict’s East Harris County Area Officeresearched various options and designed thebridge.

By JIM DOBBINSEnvironmental Affairs Division

If, to paraphrase Plato, necessity is themother of invention, then a bridge replacementproject in the Houston District is a shiningexample of that aphorism.

The FM 526 bridge over Greens Bayou ineastern Harris County was in need ofreplacement. The challenging aspect of theproject was presented by the meanderingnature of the bayou – the channel shiftsperiodically, threatening the stability of bridges(and their approach roads) that span thewaterway. The staff of the Houston Districtrecognized these issues early in the project andset up a team effort to resolve the complexproblems presented at the site. A number ofmethods were considered and rejected, amongthem constructing a concrete channel for thebayou and using bioengineering erosioncontrols, before a solution was reached.

Tom Bruechert, now a field area supervisorin ENV’s Project Management Section,worked on the project when he was a waterquality specialist in the Natural ResourceManagement Section’s Water ResourcesManagement Branch.

“The bridge over Greens Bayou was acomplex problem from the start,” Bruechertsaid. “The Corps of Engineers was opposed to

“With the challenges presented by GreensBayou, we finally decided to raise the bridgehigher and make it longer than originallyplanned to avoid erosion,” Ortiz said. “Weonly had to offset the new bridge by 30 feet,which leaves it within the limits of future mainlanes. We have had many sizeable rainfallssince the project was completed in 1999, andthe banks remain stable.”

The quality of the design was made evidentrecently when the bridge came throughTropical Storm Allison’s floodwatersunscathed.

A safe, workable solution was achievedwith minimal environmental impact – aconclusion that we think that Plato himself (notto mention area commuters!) would be pleasedwith.

Houston District finds bridge solutionThe old bridge ap-proach, where con-crete remains, wasabandoned in favor ofa higher elevationapproach 30 feet over.(Houston District photo)

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The Environmental AffairsDivision (ENV) has one of the largestinternet sites among TxDOT divisionsand also has a substantial site on thedepartment’s intranet page,“Crossroads.”

The address for ENV’s internet siteis:“http://www.dot.state.tx.us/insdtdot/orgchart/env/index.htm”

The internet site holds descriptionsof what each section of ENV does, adirectory of staff personnel, anarchive of publications and links toother transportation/environmentalrelated sites. It also has pages devotedto Ozone Action Days and thedepartment’s environmentalstreamlining effort.

ENV’s Crossroads site is found at:“http://crossroads/org/env/”

Unlike the internet site, Crossroadsis available only to those withinTxDOT. ENV’s Crossroads sitecontains a staff phone directory,district assignments, a manual to theEnvironmental Tracking System(ETS), extensive guidance on waterquality regulations and acomprehensive guide to hazardousmaterials management.

The ETS manual is due to berevamped this summer with the rollout of

Visit ENV on the internet or intranet

ENV’s Crossroads site(above right) and its internetsite (above).

HOU 2007 EMISSION RATES

0

0.5

1

1.5

2

2.5

40 45 50 55 60 65SPEED

This chartshows thaton-road NOxemissionsincrease withvehicle speed.

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incentive purchase programs for off-roadequipment, heavy on-road equipment,cleaner light duty cars and trucks andenergy efficient appliances. The incentiveprogram is currently under developmentby TNRCC.

The Legislature also changed theimplementation date for cleaner dieselfuel. The SIPs required the use of cleanerdiesel fuel in both on-road and off-roadequipment by May 1, 2002. Theimplementation date has been changed toMay 1, 2006. The General ServicesDivision (GSD) will implement this rule.

California standard off-road dieselequipment will still be required statewidebeginning on May 1, 2004. Vehicleinspection/maintenance programrequirements were not changed and beginon May 1, 2002. GSD will also handle

implementation of this ruleThe Vehicle Idling Ban in Houston

began April 1. Trucks weighing more than14,000 lbs. are banned from idling morethan 5 minutes. This does not apply tovehicles stuck in traffic. The Houston andBeaumont districts are responsible fortheir areas.

The Lawn and Garden EquipmentUsage Ban in Houston was not changedand is scheduled to start on May 1, 2004.

This rule prohibits commercial users fromoperating gasoline powered lawn andgarden equipment less than 25 horsepowerfrom 6 a.m. to noon in Harris, Galveston,Brazoria, Fort Bend, and Montgomerycounties from April 1 through Oct. 31.The rule allows commercial operators tosubmit alternative emission reductionplans in place of the usage ban. This rulemay affect maintenance operations.

Legislature: Some air rules changed(Continued from Page 3)

a new version of the software.The Water Quality page, with material

from ENV’s Natural ResourceManagement Section (NRM), containsguidance for districts on Section 404wetlands, the National Pollution DischargeEliminationSystem(NPDES),theEdwardsAquifer, theRivers andHarborsAct, andCommunicationin thePermittingProcess.

ENV’sHazardousMaterialsManagementSection(HMM) haspostedguidance onHazardousMaterials inProjectDevelopment,Guidancefor

Environmental Compliance at TxDOTFacilities, Universal Waste Management,and Spill Prevention Control andCountermeasures Guidance. The 2001-2002 Environmental Compliance SurveySchedule by District is also posted on the

site.

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Page 8: New law may aid mitigation process · New law may aid mitigation process By RICHARD GOLDSMITH Environmental Affairs Division A law now in effect from the 77th Legislature will allow

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Environmental Affairs Division125 East 11th StreetAustin, Texas 78701-2483

Address correction requested

ENVision is a publication of theEnvironmental Affairs Division,Texas Department of Transportation,125 East 11th Street, Austin, Texas,78701-2483.

We welcome ideas for stories andstanding features. Submit those to theabove address, attention RichardGoldsmith, phone 512.416.2743; via

RECYCLED PAPERSOY-BASED INK

Division DirectorDianna F. Noble, P.E.

Deputy Division DirectorKen Bohuslav, P.E.

Communications DirectorJean Beeman

Editor Richard Goldsmith

GroupWise to “rgoldsmi” withinTxDOT; “[email protected]”for e-mail from outside TxDOT.

Does ENVision reach the rightperson within your organization?Contact us to correct an address or tosuggest additions to the mailing list.

State to sponsor air quality campaignTxDOT and the Texas Natural Resource Conservation

Commission (TNRCC) in partnership with the TexasTransportation Institute are developing a comprehensivestatewide outreach campaign designed to motivate Texansto bring about a meaningful improvement in air quality,particularly in non-attainment and near non-attainmentareas of the state.

The program is aimed at creating a statewide campaigncomparable in scope to the successful Don’t Mess WithTexas anti-litter campaign. In the same way that Don’tMess With Texas changed public attitudes and behavior toclean up the roadside, the proposed air quality campaignwill be designed to shift public attitudes and behavior toclean up the air.

TxDOT and the TNRCC are working to guide the statein an effort to comply with federal air quality standardsand more generally to improve air quality in Texas.

This program will include both public education andoutreach components. It will complement and becoordinated with local programs already under way orsoon to begin. The statewide program will be orientedmainly toward building awareness of the Texas air qualityproblem, transportation-related causes, and promotingactions that need to be taken to improve air quality. Theprogram launch is scheduled for March 2002.

Development of the planned 10-year campaign willinitially be handled by Austin-based Sherry MatthewsAdvertising and Public Relations, Inc., under a six-monthcontract.

For additional information, contact Jean Beeman,TxDOT, Environmental Affairs Division, (512) 416-3171,([email protected]) or Israel Anderson, TNRCC,(512) 239-5318 ([email protected]).

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