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

Erica.Schneider@dot.state.oh.us