Managing the Environmental & Project Development Process Presented by the Ohio Department of...

Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation

Categorical Exclusions

Federal Law and Regulations

National Environmental Policy Act of 1969

40 CFR 1508.4 Council on Environmental Quality

(CEQ)

23 CFR 771.117 Federal Highway Adminstration

(FHWA)


Requires federal agencies within USDOT to assess and determine if a proposed action will result in significant environmental impacts

Established CEQ

NEPA


Actions that do not individually or cumulatively have a significant impact upon the human and/or natural environment Specific conditions and criteria are

met Level of analysis commensurate with

the project’s potential for adverse impacts

NEPA & CE Relationship


Any project that creates

SIGNIFICANT impacts

cannot be considered for

CE classification

NEPA & CE Relationship


“…a category of actions which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal agency in implementation of these regulations and for which, therefore, neither an environmental assessment nor an environmental impact statement is required.”

~40 CFR 1508.4~

CEQ Regulations


Title 23 - Highways Part 771 - Environmental Impact

771.115 – Classes of Action 771.117 – FHWA Categorical

Exclusions

FHWA Regulations


Actions that meet 40 CFR 1508.4 Do not require significant relocations No significant impacts to:

Planned growth or land use Natural environment Cultural or recreational properties Air, noise, and water quality Travel patterns

23 CFR 771.117(a)


Projects with unusual circumstances require appropriate environmental studies to determine if CE classification can be met Significant environmental impacts Substantial environmental controversy Significant 4(f)/6(f) impacts Inconsistencies with Federal, State, or

local environmental laws, regulations or administrative determinations

23 CFR 771.117(b)


Actions that meet CE criteria per 40 CFR 1508.4 and 23 CFR 771.117(a)

Exempt Projects

23 CFR 771.117(c)


Actions that meet CE criteria per 40 CFR 1508.4 and 771.117(a)

CE Levels 1-4

23 CFR 771.117(d)


Ohio’sProgrammatic

CE Agreement


Between FHWA/ODOT/ORDC Executed September 13, 2010 Assures compliance with all

applicable federal environmental laws & regulations

Consistent documentation process Legally defensible Concise and easy procedure to follow

CE PA


Exempt Level 1 Level 2 Level 3 Level 4

Five Documentation Levels


District Environmental Coordinator (DEC) and ORDC Environmental Coordinator All CE Levels

District Planning and Engineering Administrator (P&EA) and ORDC Executive Director CE Levels 2, 3, and 4

CE Signature Authority


OES Administrator or Policy Assistant Environmental Administrator (AEA) CE Levels 3 and 4

FHWA CE Level 4

CE Signature Authority


ExemptProject Types


Standard stand-alone transportation activities

Do not result in significant impacts to the human or natural environment

Meet the intent of 23 CFR 771.117(c) Approved by DEC or ORDC EC

Definition


1. Guardrail installation and replacement Median Cable Barriers No relocation of ditches or backslopes

2. Replacement or installation of: Existing or new traffic signals Flashing beacons/railroad warning devices ITS system components

3. General pavement marking or "line painting"

Exempt


4. Herbicidal spraying

5. Mowing or brush removal/trimming6. Installation or maintenance of:

Signs Pavement markings, pavement markers Traffic calming activities Fencing

7. Study type projects (i.e. feasibility studies)

Exempt


8. Bridges: Deck overlays and deck replacements Superstructure replacement Bridge painting Maintenance activities

Exempt


9. General highway maintenance: Potholes, crack sealing, mill and

resurfacing Full pavement rehabilitation,

grinding and milling Shoulder reconstruction Minor slide stabilization/erosion

control Grading, parking lot pavement and

repair

Exempt


10. Disposal of excess ROW parcels No environmental resources present Environmental ROW checklist completed

11. Improvements to existing ODOT maintenance facilities

12. Improvements to existing rest areas and weigh stations for minor maintenance Mill/resurfacing of existing parking areas

Exempt


13. Beautification/facility improvement projects: Landscaping Curb and gutter replacement Installation of park benches, decorative

lighting14. Permits to use or occupy highway ROW

No longer used If permit is for temporary access, no NEPA

documentation required

Exempt


Exempt15. ODOT culvert maintenance or

replacement Up to 60” in diameter Highway maintenance ditching

activities

16. Construction of: Bicycle lanes and pedestrian

walkways Sidewalks, shared-use paths, and

facilities Small passenger shelters and

alterations to facilities or vehicles


Exempt17. Upgrade of existing tower

lighting to new technologies that ensure a lesser impact than the current system

18. Approval of utility installations along or across a transportation facility No drainage of wetlands

19. Acquisition of scenic easements


Exempt20. Transportation corridor fringe

parking facilities Bus pull-ins and pull-outs Park-and-ride lots and ridesharing

activities21. Maintenance and/or replacement

of existing noise wall panels and/or posts Includes alterations to existing

publicly-owned buildings to provide noise reduction

22. Track and rail-bed maintenance activities Rail improvements


Exempt23. Bus and rail car rehabilitation24. Determination of payback under

23 USC 156 Property previously acquired with

federal-aid participation25. Transfer of federal lands

Pursuant to 23 USC 317 Subsequent action is not an FHWA

actionManaging the Environmental & Project Development Process

Presented by the Ohio Department of Transportation

Exempt 26. Program administration, technical

and operating assistance to transit authorities Continues existing service or

increases service to meet routine changes in demand

27. Purchase and installation of operating or maintenance equipment to be located within the transit facility

28. Purchase or conversion of vehicles to alternative fuel


New C-List CEs(c)(9) 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

(c)(22) Projects that take place entirely within existing operational right-of-way


New C-List CEs(c)(23) Federally funded projects that

receive less than $5,000,000 of Federal funds or with a total estimated cost of not more than $30,000,000 and Federal funds comprising less than 15 percent of the total estimated project cost


Not Exempt When…

Projects involve the following: Acquisition of new ROW Scenic River Corridors Waterway Permits Threatened & Endangered Species Wetlands Historic Properties or Historic Districts Section 4(f) and/or Section 6(f) Substantial traffic disruption Minor public controversy


CE Level 1Project Types


Type of undertakings with little or no impacts

No relocations or significant impacts ODOT Districts responsible for confirming

that proposed actions meet CE Level 1 criteria DEC or ORDC Signature

Actions that do not meet CE Level 1 shall be processed at the next appropriate higher level

Definition


1. Culvert and bridge replacement/reconstruction No more than minimal additional

ROW necessary for grading purposes Includes necessary channel work All permits and coordination required

2. Modernization of a highway by resurfacing, restoration, rehabilitation and reconstruction

3. Modernization of a highway by the addition of turn lanes and/or the addition of shoulders

Level 1


4. Environmental mitigation activities

5. Tower and street lighting projects

6. Major reconstruction to existing rest areas and truck weigh stations

Level 1


7. Track and rail-bed improvements or acquisition

8. Installation of new fencing, signs, small passenger shelters

9. Emergency repairs under 23 USC 125 Necessary work to restore essential

travel within 180 days of the event Includes mine collapses, flood

damage, etc.

Level 1


10. Joint/limited use of ROW with minimal or no adverse social, economic or environmental impacts

11. Approvals for changes in access control that involve Interstates and Interstate look-alikes

Level 1


12. Land acquisition for hardship or protective purposes Advance loans under the UMT Act Section 3(b) Hardship/protective buying permitted only for

a particular parcel or a limited number of parcels

Only a CE when acquisition will not limit the evaluation of alternatives, including shifts in alignment, which may be required under NEPA

Project development may not proceed on such land until the NEPA process has been completed

Level 1


13.Installation of new noise walls Includes new noise mitigation

projects14. Highway safety and truck escape

ramps15. Construction of bicycle lanes and

pedestrian walkways, sidewalks, shared-use paths, or facilities and trailhead parking

16. ROW acquisition for bikeway/pedestrian facilities No construction

Level 1


17. Beautification or facility improvement projects Landscaping Curb and gutter installation and

replacement Installation of park benches Decorative lighting ADA ramps/curb ramps

18. Land donations to ODOT associated with ROW permits Non-NHS/non-Limited Access

Level 1


19. Construction of alternative energy facilities CNG, electrification, solar, wind

turbines

20. Lane reductions - traffic analysis completed

21. Land acquisition by a publicagency/public park entityfor passive recreational use

Level 1


22. Geotechnical activities Grouting, rock fall barriers/netting

23. Transportation corridor parking facilities, park-and-ride lots, and ridesharing activities

24. Rail projects thatclose at-grade crossings

Level 1


25. Other project types New category Must be approved by OES and/or

FHWA Use for:

Project types that are not listed Project types that are listed under

a lower level of documentation but have risen to a higher CE level due to impacts

Level 1


Projects involve two or more of the following:

Section 106 finding of “No Adverse Effect” Programmatic or de minimis 4(f) Up to 3 acres of Category 1 and 2 wetlands Scenic River Corridor Individual 404/401 Substantial traffic disruption Minor public controversy - all issues

addressed Threatened/ & Endangered species

Not Level 1 When…


CE Level 2 and 3Project Types


Involve a combination of impacts or have higher thresholds based on context and intensity compared to a CE Level 1

Exempt or CE Level 1 project types can be elevated to a higher level based on impacts

Definition


1. Addition of auxiliary lanes or through lanes Parking, weaving, turning, climbing Major reconstruction work on

Interstate or “Interstate-look-alikes” is considered on a case-by-case basis with OES

2. Bridge rehabilitation, reconstruction, or replacement

3. Realignments on new location Not to exceed two miles in length

Level 2 and 3


4. Minor new highway facility on new location With the exception of the Interstate or

“Interstate-look-alikes”

5. Modification of a non-interstate interchange or grade separating an at-grade intersection

6. Construction of a new interchange With the exception of the Interstate or

“Interstate-look-alikes”

Level 2 and 3


7. Minor modification of an interstate interchange including, but not limited to, addition/deletion of turn lanes, minor lane shifts or access to decel/accel ramps

8. New truck weigh stations or rest areas

9. Construction of a grade separation to replace at-grade rail crossings or the removal of existing grade separation structures

Level 2 and 3


10. Rehabilitation, reconstruction or conversion of existing rail and bus buildings and ancillary facilities Minor amounts of additional land

required No substantial increase in number

of users

Level 2 and 3


11. Construction or conversion of rail storage andmaintenance facilities on new location Predominately in areas used for

industrial or transportation purposes Not inconsistent with existing zoning No significant noise impacts

Level 2 and 3


Level 2 and 312. New bus storage and

maintenance facilities Predominantly in areas used for

industrial or transportation purposes Not inconsistent with existing zoning On or near a street with adequate

capacity to handle anticipated traffic


13. New bus transfer facilities Passenger shelters, boarding areas,

kiosks and related street improvements

In commercial areas or other high activity centers with adequate street capacity

Level 2 and 3


14. ODOT storage and maintenance facilities Predominately in areas used for

industrial or transportation purposes Not inconsistent with existing zoning No significant environmental

impacts

15. Construction of bicycle and pedestrian lanes, paths, or facilities

16. Other project types Must be approved by OES and/or

FHWA

Level 2 and 3


Minor ROW acquisition involving a maximum of two relocations Context and intensity of impacts may

require elevation to the next appropriate higher level

Confirmation is made to determine that acquisition will not result in significant impacts to the community or environment

Level 2’s Can Involve…


Minor amounts of hazardous materials Petroleum related USTs and/or

releases Up to 3 acres of impacts to Cat 1 and 2

wetlands and/or up to 0.5 acres of Cat 3 Enough information to issue a

wetland finding must be included as documentation

Section 106 impacts Documentation for consultation

included in the project file per 36 CFR 800

No Phase III Archaeology recommended



Programmatic or de minimis 4(f) impacts

Minor public or agency controversy No opposition from organized groups

or agencies



Projects involve any of the following impacts:

New through lanes more than a mile in length

Interchange to replace an at-grade intersection

Coast Guard Permit Individual Section 4(f) Floodplains (substantial) Threatened & endangered species or

“critical” habitat resulting in a Biological Opinion

Disproportionate high or adverse EJ impacts

Not Level 2 When…


A maximum of eight relocations Context and intensity of impacts may

require elevation to the next appropriate higher level

Confirmation is made to determine that acquisition will not result in significant impacts to the community or environment

Section 106 impacts Documentation of consultation included

in the project file per 36 CFR 800



Wetland impacts of five acres or less Enough information to issue a

wetland finding must be included in the CE

Programmatic or de minimis 4(f) impacts

Individual 4(f) impacts Draft CE provided to FHWA



Substantial controversy on environmental grounds Strong opposition from organized

groups and/or agencies Documentation must demonstrate

that public and/or agency concerns addressed



Projects involve any of the following impacts:

Floodplain (substantial/significant)

Disproportionately high and adverse impacts to Environmental Justice populations

Not Level 3 When…


CE Level 4


Must meet the intent of 23 CFR 771.117(d)

Based on past experience with similar actions, do not involve significant environmental impacts

Level 4


Sufficient narrative should be included to make CE a “stand-alone document”

Detailed literature reviews, field investigations, and resulting coordination are discussed in remarks for each discipline

All impacts, regardless of CE Level, must be assessed for context and intensity

Preparation


Section 4(f) or 404(b)(1) Alternative Analysis must be included for review and approval

Section 106 and agency coordination letters must be included for review and approval

Technical documents summarized in remarks Part of the Project File ESA, Ecological Reports, Cultural

Reports Reports are part of the file, not part

of the CE

Preparation


Re-Evaluations


Project scope and/or impacts changed since document was approved

If an EIS is more than three years old and/or it has been more than three years since the last major federal action Final Design Acquire significant amount of ROW Approval of plans, specifications, and

estimates package

Re-Evaluations


If environmental studies are more than five years old, agency re-coordination and/or new studies may be needed 40 CFR 1502.9 (c)(1)(i)

Significant changes require impacts to be addressed

Depending on complexity of re-evaluation, a narrative or CE Form may be used

Same review, concurrence, and approval process

Re-Evaluations


Per FHWA guidance, re-evaluations are intended to encompass same project limits as in original environmental document

Projects phased for construction may not require a complete re-evaluation for entire project limits For phased projects, re-evaluation

should address current status of the entire project, but focus on the current phase

Re-Evaluations


Re-evaluations should consider: What’s happened on entire project to

date Including prior construction phases

What will follow Future construction phases

What or how any changes in the project or impacts will affect current phase Future phases if known

Phased Projects


Include when original document was approved and why re-evaluation is required

If environmental studies within 5-year window, cite date of concurrence for each

State when permit obtained and expires Note that all original environmental

commitments will be adhered to and list any new commitments made

Best Practices


CE Online System


External users register through MyODOT

Internal users contact OES to gain access

We’ve Gone Electronic


All documentation uploaded electronically

All reports uploaded as DRAFT documents in Word format – exceptions may apply

Photographs, mapping, IOC’s, coordination letters, etc., can be PDF’s

Documents can be checked-out and checked-in

Project File Tab


Lists District, LPA, Consultant Contacts District Primary Reviewer ODOT Project Manager District Staff Primary Form Preparers

Form Adminstration Tab


Document Level Determines if project is Exempt or otherwise Series of questions that correlate to the PA

General Project, Cost Schedule and Work Limits Roadway Character & Bridge Design Criteria Maintenance of Traffic During Construction ROW & Utility Involvement

Resource Tabs


Purpose & Need Format built-in Alternatives follow new PDP Floodplains is under Permits Tab Each tab has tables for commitments Select tabs have tables to record

impacts to individual resources/properties Wetlands, Streams, 4(f)

Resource Tabs


Remarks discussion includes: Literature review and field work

conducted Include date and personnel

Anticipated level of impacts Resources within proposed project

area, but not directly impacted Anticipated public and agency

involvement Agency correspondence/issues

resolved

Resource Tabs


Erica L. Schneider, AEA-OES [email protected]

Kevin E. Davis, Supervisor-OES [email protected]

Contacts


Managing the Environmental & Project Development Process Presented by the Ohio Department of...

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