Guidance onNew CEs

Emergency Repair ProjectsOperational Right-of-Way

Limited Federal Funds

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Email questions to: OES@dot.state.oh.us

MAP-21 Congress mandated that certain

actions be categorically excluded from requirements related to EA’s and EIS’s Section 1315 (Emergency repairs) Section 1316 (Operational right-of-

way) Section 1317 (Limited Federal funds)

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FHWA Rulemaking

Amended 23 CFR 771.117(c) to add new CEs (c)(9) Emergency Repair Projects

(2/19/13) (c)(22) Operational Right-of-Way

(2/12/14) (c)(23) Limited Federal Funds

(2/12/14)

Rulemaking did not change procedural requirements for approval of projects Environmental requirements under

Federal and State statutes and regulations still applyo e.g. Endangered Species Act,

Public Involvement, EJ

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Levelof

Impacts

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DocumentationThe new CEs are considered to meet the c-list (undocumented CE) criteria, however… FHWA required documentation to

ensure a higher level of NEPA document is not warranted No significant impacts will occur No unusual circumstances exist

An Environmental Verification Form was developed in accordance with rulemaking Only for projects that meet new CE

criteria Shows due diligence performed

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No Anticipated Impact

Actions related to Emergency Repairs (c)(9), Operational Right-of-Way (c)(22), and Limited Federal Funds (c)(23), are not anticipated to have impacts to: Air Quality & Noise (conduct proper

studies, as appropriate) Hazardous Materials (limited to

petroleum related underground storage tanks/releases)

Farmland Drinking Water

No documentation requiredEUM – March 2014 6

No Significant Impact

Specific environmental resource areas require documentation to illustrate allowable thresholds are not exceeded Waterway Permits

Nationwide or Regional General Permits

May include PCNs Endangered Species

No Effect or May Effect, But Not Likely to Adversely Effect

100-year Floodplain No substantial impacts

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No Significant Impact

Section 4(f)/6(f) No permanent incorporation of land

or conversiono No 4(f), No Use, or Exceptions

(e.g. Temporary No Use), and Maintenance or Temporary Non-Conforming Use

Cultural Resources Minimal Potential to Cause Effect or

No Historic Properties Affected

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EJ and PI For Operational Right-of-Way (c)(22)

and Limited Federal Funds (c)(23), the following applies Follow OES EJ Guidance

o If an EJ Analysis Report is needed or if impacts rise to disproportionate and adverse, cannot apply new CEs

PI is commensurate to project’s type and scope

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Guidance

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FHWA Based on FHWA Ohio Division

correspondence of 2/18/2014, the new CE’s can be applied to projects in accordance with 23 CFR 771.117(c)

OES Guidance and Environmental Verification Form was accepted

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Exempt per CE PA If a project qualifies as an Exempt

Action Type under the existing CE PA, it can be processed as such with no additional documentation Complete Online CE Exempt Form Tab

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Exempt Exceeded When a project exceeds the limits of

an Exempt Action Type under the existing CE PA, it may meet the criteria of one of the new CE’s Environmental Verification Form

required Include documentation in Project File

Potential impacts to environmental resources will follow coordination requirements per ODOT’s typical environmental process

If thresholds exceeded altogether, a higher level of NEPA document would be required

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771.117(c)(9)

Emergency Repair Projects

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Definition Transportation facilities damaged by

an incident resulting in an emergency declared by the Governor of the State or a disaster or emergency declared by the President

Damage must be caused by a natural disaster or a catastrophic failure from an external cause

The repair occurs within existing right-of-way and in a manner that substantially conforms to pre-existing design, function, and location 1

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Process Perform Damage Survey Assessment

The assessment will help determine if a higher level of NEPA document is warranted based on the context and intensity of impacts

Prepare Damage Survey Report (DSR)o Upload to the Project File

Upload Environmental Verification Form Document Level Tab is left blank

o Exempt Form Tab not generatedEUM – March 2014 1

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771.117(c)(22)

Operational ROW

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Definition ROW disturbed for an existing

transportation facility

OR

Is maintained for a transportation purpose See guidance for specific

definitions/examples

Portions of ROW that have not been disturbed or that are not maintained for a transportation purpose do not qualify as existing operational ROW

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Temporary ROW Temporary easements and takings

needed for construction purposes are covered even if that work is located outside existing operational ROW

Areas acquired as temporary easements or ROW for past projects are not considered part of the existing transportation facilityo Easements end once the original

project is complete

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Process Upload all pertinent documentation to

the Project File Upload Environmental Verification

Form Document Level Tab is left blank

o Exempt Form Tab not generated

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771.117(c)(23)

Limited Federal Funds

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Definition A project must receive federal

transportation funds in order to qualify under this CE May include funds from a variety of

Federal sources, but only applies to FHWA actions

Projects receiving limited funds are those that: Receive less than $5,000,000

OR Have a total estimated cost of not

more than $30,000,000 and Federal funds comprise less than 15% of the total estimated project costo Includes all phases

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Re-Evaluation When federal funds for the project

increase beyond established thresholds

An FHWA action needed when changes occur

FHWA approvals or grants needed during construction

If federal funds are in excess of the established threshold, the project will not qualify under (c)(23)

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Process Upload all pertinent documentation to

the Project File Upload Environmental Verification

Form Document Level Tab is left blank

o Exempt Form Tab not generated

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Future Updates

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More to Come… Another Final Rule to follow soon…

Four new c-list CE’s Three d-list moving to c-list

Develop new CE PA

BIG changes to Online CE Feature sets illustrating changes are

in-process

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