Articles and Information

ECA provides insight on a variety of regulatory and compliance changes, trends, and issues that affect our clients. These articles are organized by industry below:

Wetlands / Ecology »
Environmental Property Services »
Telecommunications »

Wetlands / Ecology Articles

How To Spot Wetlands From Miles Away in 3 Easy Steps

You want to stay clear of wetlands and waters that will result in infeasibility or drastically increase project costs before you spend thousands on other portions of your due diligence (surveys, title, zoning, etc.)… Read Full Article»

Wetland and Stream Impacts: Basics of the Permitting Process

The US Army Corps of Engineers (USACE) requires that authorization be obtained for placement of dredge or fill material in Waters of the US (WOUS), which include both wetlands and stream… Read Full Article»

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Environmental Property Services Articles

EPA Regulations for Phase I ESA Effective November 1, 2006

On November 1, 2006, ASTM E1527-05 replaced the E1527-00 Standard that was in use since 2000… According to AAI and ASTM E1527-05, information in prior Phase I ESAs that are older than 6 months may be used, but the Phase I ESA must be updated by the EP. Read Full Article»

Lead in Residential Properties in Georgia

Regulated hazardous wastes must be handled accordingly, unless the wastes fall under household waste exemption rules…Hazardous Waste analysis is required for demolition of lead painted non-residential buildings and building components. Read Full Article»

Asbestos in Georgia Buildings

Georgia EPD notification is required regardless of whether asbestos is present in a building…EPA regulations require that asbestos surveys and inspections be performed by AHERA Accredited Building Inspectors. Read Full Article»

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Telecommunication Articles

Tribal Consultation & Fees

On March 7, 2005, the Federal Communication Commission's (FCC) Nationwide Programmatic Agreement (NPA) governing Section 106 (SHPO) review for wireless telecommunications facilities became effective. Read Full Article»

EPA Regulations for Phase I ESA Effective November 1, 2006

According to AAI and ASTM E1527-05, information in prior Phase I ESAs that are older than 6 months may be used, but the Phase I ESA must be updated by the EP…On November 1, 2006, ASTM E1527-05 replaced the E1527-00 Standard that was in use since 2000. Read Full Article»

Understanding the User Requirements of the New EPA All Appropriate Inquiry (AAI) Rule

A Phase I older than 6 months requires substantial updates by the EP for the User to retain access to the CERCLA LLPs…According to AAI and ASTM E1527-05, information in prior Phase 1 ESAs that are older than 6 months may be used, but the Phase 1 ESA must be updated by the EP. Read Full Article»

Understanding the FCC Nationwide Programmatic Agreement

Part 1: The NPA excludes from Section 106 review certain undertakings involving construction and modification…The NPA does not absolve applicants from evaluating other environmental review categories. Read Full Article»

Part 2 Section 106 Review: Field survey/photo-documentation is no longer necessary for all structures 50 years old or older as was customary prior to this new NPA…The applicant is required to perform an archaeological field survey unless there is evidence of previous ground disturbance at the project site. Read Full Article»

FCC Announces "Second Generation" Enhancements to its Tower Construction Notification System (TCNS)

It is necessary to complete TCNS notices prior to midnight on Tuesday for tribes to receive a notification on or before the following Friday. Read Full Article»

The FCC's public TCNS demonstration was webcast March 30, 2006; it can be viewed at http://wireless.fcc.gov/presentations/tcns-demo.html»

State Wireless Associations Influence FCC "Three Strikes" Ruling

It is important to note that the clearance provided by the ruling only addresses cases referred to the FCC due to failure of Tribes to express an interest or lack of interest. Read Full Article»

Limited NEPA – Collocation Requirements and the Nationwide Programmatic Agreement

The NPA contains specific criteria for determining when an effect is present or when more detailed historical assessments may be required. Read Full Article»

The NEPA Checklist

Federal Communications Commission regulations (47 CFR 1.1307, et. seq.) require that owners of antenna structures consider the potential environmental effects of construction and operation of communications structures and facilities prior to construction. Read Full Article»

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