new programmatic categorical exclusion agreement a work in progress… odot—office of...
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NEW PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENTA WORK IN PROGRESS…
ODOT—Office of Environmental Services
Environmental Update Meeting20 November 2014
Revised CE Programmatic Agreement:
Will incorporate changes in MAP-21 New CEs
Renamed CE categories Exempt through CE 4 C1-D3
PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT
Revised CE Programmatic Agreement:
New look
Reorganized agreement
Moved project types and impact thresholds to Appendices
Simplify signature process at districts
Focus on impacts
PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT
NEW CE PA—DOCUMENTATION LEVELS
C-list C1—current C-list and ODOT’s “Exempt” list
C2—New CEs
D-list: based on impacts D1
D2
D3
*Note: the New CE PA is still draft and information in this presentation is subject to change
CE LEVELS—C1
No documentation or further NEPA approval required in accordance with 23 CFR 771.117(c)
No significant impacts Impact thresholds included in agreement A certain amount of due diligence is required to ensure no environmental
impacts
Standard stand-alone transportation activities (generally maintenance)
New agreement will eliminate “Exempt” and replace with C1—no change in documentation required—still a one page electronic form with check-boxes
CE LEVELS—C1
Similar to old “Exempt” list but tied more to regulatory language. Included old list under headings from 23 CFR 771.117(c)
Also added “Other project types” based on our experience
CE LEVELS—C1 IMPACT THRESHOLDS
Cannot Involve:
New right-of-way
National Scenic River corridor impacts
Waterway Permits
Impacts to state or federally threatened or endangered species
CE LEVELS—C1 IMPACT THRESHOLDS
Cannot Involve:
Impacts to wetlands
Impacts to historic properties or historic districts
Section 4(f)/6(f) impacts
Substantial traffic disruption
Minor public controversy when all issues have been addressed
CE LEVELS—C2
New CE PA will add C2 (new CEs under MAP-21)
Focus on specific environmental areas
No need for full CE form if meet criteria
Environmental Verification Form
CE LEVELS—C2
New CEs from MAP-21
Emergency projects (C9)
Projects within operational right-of-way (C22)
Projects with limited federal funding (C23)
Localized geotech for preliminary design (C24)
Environmental restoration and pollution abatement (C25)
CE LEVELS—C2
New CEs from MAP-21
Purchase, etc. of ferry vessels (C29)
Rehab/reconstruction of ferry facilities (C30)
Modernization of highway (C26) (moved from D-list)
Highway safety or traffic operations improvement (C27) (moved from D-list)
Bridge rehabilitation, etc. and grade separations (C28) (moved from D-list)
CE LEVEL—C2 IMPACT THRESHOLDS
Cannot involve:
Acquisition of more than minor amount of right-of-way. No relocations.
Coast Guard bridge permit
Individual Corps permit.
Adverse effect on Historic Properties
Section 4(f) use higher than de minimis
“May affect, likely to adversely affect” finding for T&E species or critical habitat.
CE LEVEL—C2 IMPACT THRESHOLDS
Cannot involve:
Construction of temporary access or closure that would result in major traffic disruption or substantial environmental impacts.
Change in access control.
Floodplain encroachment other than for functionally dependent uses or actions that facilitate open space use
Construction activities in, across, or adjacent to a National Scenic River.
Any other environmental impacts that could elevate the level of coordination
CE LEVEL—C2 IMPACT THRESHOLDS
Complete Public Involvement and Environmental Justice analysis per ODOT’s guidance
D-list meets the intent of 23 CFR 771.117(d)
No project types
Level is based on impacts
New CE PA will eliminate CE 1-4 and replace with D1-3 (D-list)
Require CE form
CE LEVELS—D
CE LEVEL—D1 IMPACT THRESHOLDS
Only minor right-of-way acquisition involving a maximum of two relocations
Waterways: Individual permit is acceptable but…
Wetland impacts must be limited to:
less than 3 acres of Category 1 and 2 wetlands and/or
up to 0.5 acres of Category 3 wetlands
CE LEVEL—D1 IMPACT THRESHOLDS
No Section 106 impacts warranting Archaeological Data Recovery recommendations
No Individual Section 4(f)
No public or agency controversies on environmental grounds (no opposition from organized groups or agencies and no unresolved environmental coordination).
No impacts to federally-listed T&E species/critical habitat resulting in a Biological Opinion
CE LEVEL—D1 IMPACT THRESHOLDS
No disproportionately high and adverse impacts relative to environmental justice
No substantial floodplain impacts
Contact ODOT-OES for additional guidance if a Coast Guard Permit is required
CE LEVEL—D2 IMPACT THRESHOLDS
No disproportionately high and adverse impacts relative to environmental justice
No Quantitative PM 2.5 Hotspot Analysis required
No Quantitative MSAT Analysis required
No unresolved substantial public or agency controversy on environmental grounds
CE LEVEL—D3 THRESHOLDS
If FHWA has an interest in the project for environmental reasons or if
the project exceeds the thresholds listed in this agreement but still
meets the intent of 23 CFR 771.117(d), the CE will require the review
and approval by FHWA.
DOCUMENTATION RECAP
C1 Projects: One page form on Online CE System
C2 Projects: Environmental Verification Form (will be incorporated into Online
CE System)
D1-3 Projects: Full CE form on Online CE System
ODOT’S ENVIRONMENTAL PROCESS IN THE (MAP) 21ST CENTURY
Questions ?
CONTACT INFORMATION
Erica L. Schneider
Assistant Environmental Administrator
Policy and Cultural Resources
614.387.0134