Environmental Obstacles to Road Construction

Just as the construction of new roadways can take years, so can the planning and investigation that occurs before construction starts. The same is true for types of most site development especially permitting!

Separation Systems Consultants, Inc. (SSCI) has worked extensively with various owners, contractors, and transportation agencies to resolve issues encountered during the construction of new roads.

Property Ownership and Acquisitions

The Hitchhiker's Guide to the Galaxy— the book and subsequent movies and broadcasts — is a satire (1981) making light of right-of-way (ROW) issues. In the original book, an alien wrecking crew destroys Earth to make way for a new intergalactic bypass. In the movie, a human construction crew knocks down the main character's house with all his belongings still inside because the home is in a newly “declared” ROW. In real life, however, ROW actions are complex, requiring determinations of property ownership and subsequent acquisition. Because ROW actions often negatively impact homes and businesses, they may take substantial time to process and resolve. The condition of the properties acquired can introduce even more complexity and disagreements.

Surprises Happen Even with Good Research

Old, abandoned underground storage tanks (USTs), abandoned oil wells and pipelines may be difficult to locate before construction based only on a site assessment of physical clues. Physical clues may be as subtle as a stain on the ground to as noticeable as a bright orange sign announcing the presence of a pipeline. Careful research of records and discussions with landowners and neighbors must be done to locate environmental obstacles before construction starts. DOTs always prefer this pre- construction option versus finding the obstacles during the construction and putting a multimillion-dollar project and full construction crew on hold while the obstacle is removed. New technologies such as ground penetrating radar and televising enable the assessor to get a better idea of what is below the surface.

Nevertheless, even after careful research and site surveys, environmental obstacles may be encountered during construction. For example, finding abandoned oil wells is not as easy as one would think. The "planned" location of the well must be registered with the state. The "actual" location of the well, however, may not correspond with the “planned” location. In addition, once the well is inactive, operators often remove the above- ground pump and hardware, leaving behind only a vent pipe.

Quick Remediation of the Condition Is Required

When the road construction contractor uncovers these undetected environmental obstacles, an environmental consultant must be ready to respond quickly (within hours). State agencies can give rapid (24-hour) approval for removal of USTs that are uncovered during installation of utilities on the ROW. If abandoned pipelines are discovered, they can be hot-tapped and removed without special approval.

Oil and gas wells, however, can only be closed by the operator of the well or by the state agency that regulates them if the operator cannot be identified. Dealing with oil and gas wells during the highway construction phase can take months and be very costly.

Responding to environmental obstacles during construction takes preplanning and organization to prevent costly delays and possible worker hazards.

The environmental consultant must, therefore, have response plans in place to deal with likely environmental “what-ifs.” In summary, "construction" of the public road starts long before any outward signs of construction. The highway must be designed and the path determined. Next, DOT must determine the ownership of the needed ROW and negotiate acquisition of this ROW from each of the separate landowners. Once the ROW is obtained, environmental investigation and clean-up clear the way for the actual installation of road utilities and construction of the road.

SSCI currently serves as Hazardous Material Manager (HMM) on ROW projects in Texas. Our team has also serves as Environmental Coordinators during construction activities on highway expansions. SSCI’s personnel are well-versed in environmental assessment, hazardous materials management, waste disposal, spill investigation and response, contingency planning, stormwater pollution prevention, on-site monitoring, and training.