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Learn about the state and federal regulatory requirements for Community Crossings projects concerning SEPA, cultural resources, federal permits, and state permits, including guidelines, exemptions, and contact information.
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Community Crossings Environmental Services
Community Crossings - Environmental • Community Crossings projects are not federal actions. • National Environmental Policy Act (NEPA) does not apply. • State Environmental Policy Act (SEPA) requirements do apply. • The recipient unit of government is the project proponent. • The recipient unit of government is responsible for documenting how the project meets the requirements of the State Environmental Policy Act (SEPA).
Community Crossings – SEPA Requirements • Most projects will be or excluded or exempted based on project type. • Exclusions list: 327 IAC 11-1-3 http://www.in.gov/legislative/iac/T03270/A00110.PDF • Exemptions list: INDOT CE Manual (2013) pg. 10 http://www.in.gov/indot/files/ES_2013CEManual.pdf • If the project meets either of these requirements, explain how the project qualifies for the exclusion or exemption in a short memorandum to the project file. • This documentation may be required later in project development. • Projects that are not exempted or excluded require a SEPA document. • Similar to a NEPA document • Contact INDOT Environmental Services to discuss guidelines Contact: Ron Bales, Environmental Policy Manager, 317-234-4916
Community Crossings – Cultural Resources • Projects must comply with state historic preservation laws. • These are administered through IDNR’s Division of Historic Preservation and Archaeology • State regulations that are most likely to apply to transportation projects are discussed in the INDOT Cultural Resources Manual http://www.in.gov/indot/crm/files/Chapter_1-Overview.pdf. • Projects that go beyond the existing roadway footprint are most likely to require investigation, documentation and additional coordination to demonstrate compliance. • INDOT’s Cultural Resources Office is available to provide guidance on complying with state historic preservation law. Contact Anu Kumar, Cultural Resources Manager, 317-234-5168.
Community Crossings –Federal Permits • Unlike federal-aid projects, a local project’s federal permits are a separate federal action by the permitting agency, and that agency is the lead agency for that federal action. • Identify the need for federal permits early. • Typically this will be a Clean Water Act 404 from US Army Corps of Engineers • Identify the federal agency’s required investigations and documentation early. This will include, at minimum: • Section 106 • Endangered Species Act • Determine whether mitigation is needed and secure it.
Community Crossings –State Permits • Like any other project, the proponent is responsible for identify the need for state permits. • Identify the need for state permits early • IDEM 401 Water Quality Certification • IDEM State Isolated Wetlands • IDEM Rule 5 Construction Stormwater • IDNR Construction in a Floodway • Determine whether mitigation is needed and secure it. Contact: Sandy Bowman, Ecology and Waterway Permitting Manager, 317-233-5568.