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Managing the Environmental & Project Development Process

Categorical Exclusions. Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation. Federal Law and Regulations. National Environmental Policy Act of 1969 40 CFR 1508.4 Council on Environmental Quality (CEQ) 23 CFR 771.117

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Managing the Environmental & Project Development Process

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  1. Categorical Exclusions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

  3. NEPA • Requires federal agencies within USDOT to assess and determine if a proposed action will result in significant environmental impacts • Established CEQ Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  4. NEPA & CE Relationship • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  5. NEPA & CE Relationship Any project that creates SIGNIFICANTimpacts cannot be considered for CE classification Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  6. CEQ Regulations “…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~ Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  7. FHWA Regulations • Title 23 - Highways • Part 771 - Environmental Impact • 771.115 – Classes of Action • 771.117 – FHWA Categorical Exclusions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  8. 23 CFR 771.117(a) • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  9. 23 CFR 771.117(b) • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  10. 23 CFR 771.117(c) • Actions that meet CE criteria per 40 CFR 1508.4 and 23 CFR 771.117(a) • Exempt Projects Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  11. 23 CFR 771.117(d) • Actions that meet CE criteria per 40 CFR 1508.4 and 771.117(a) • CE Levels 1-4 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  12. Ohio’sProgrammaticCE Agreement Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  13. CE PA • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  14. Five Documentation Levels • Exempt • Level 1 • Level 2 • Level 3 • Level 4 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  15. CE Signature Authority • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  16. CE Signature Authority • OES Administrator or Policy Assistant Environmental Administrator (AEA) • CE Levels 3 and 4 • FHWA • CE Level 4 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  17. ExemptProject Types Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  18. Definition • Standard stand-alone transportation activities • Do not result in significantimpacts to the human or natural environment • Meet the intent of 23 CFR 771.117(c) • Approved by DEC or ORDC EC Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  19. Exempt 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" Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  20. Exempt 4. Herbicidal spraying 5. Mowing or brush removal/trimming 6. Installation or maintenance of: • Signs • Pavement markings, pavement markers • Traffic calming activities • Fencing 7. Study type projects (i.e. feasibility studies) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  21. Exempt 8. Bridges: • Deck overlays and deck replacements • Superstructure replacement • Bridge painting • Maintenance activities Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

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

  24. Exempt 13. Beautification/facility improvement projects: • Landscaping • Curb and gutter replacement • Installation of park benches, decorative lighting 14. Permits to use or occupy highway ROW • No longer used • If permit is for temporary access, no NEPA documentation required Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  25. Exempt • 15. 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  26. Exempt 17. 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  27. Exempt • 20. Transportation corridor fringe parking facilities • Bus pull-ins and pull-outs • Park-and-ride lots and ridesharing activities • 21. 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  28. Exempt 23. Bus and rail car rehabilitation • 24. Determination of payback under 23 USC 156 • Property previously acquired with federal-aid participation • 25. Transfer of federal lands • Pursuant to 23 USC 317 • Subsequent action is not an FHWA action Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

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

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

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

  33. CE Level 1Project Types Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  34. Definition • Type of undertakings with little or no impacts • No relocations or significantimpacts • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  35. Level 1 • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  36. Level 1 4. Environmental mitigation activities 5. Tower and street lighting projects 6. Major reconstruction to existing rest areas and truck weigh stations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

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

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

  40. Level 1 • Installation of new noise walls • Includes new noise mitigation projects 14. Highway safety and truck escape ramps 15. 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

  42. Level 1 19. Construction of alternative energy facilities • CNG, electrification, solar, wind turbines 20. Lane reductions - traffic analysis completed 21. Land acquisition by a public agency/public park entity for passive recreational use Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  43. 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 that • close at-grade crossings Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

  45. Not Level 1 When… Projects involve two or moreof 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  46. CE Level 2 and 3Project Types Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  47. Definition • 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

  48. Level 2 and 3 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 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

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

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

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