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Guidance on New CEs Emergency Repair Projects Operational Right-of-Way Limited Federal Funds

Guidance on New CEs Emergency Repair Projects Operational Right-of-Way Limited Federal Funds. Email questions to: OES@dot.state.oh.us. 1. EUM – March 2014. MAP-21. Congress mandated that certain actions be categorically excluded from requirements related to EA’s and EIS’s

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Guidance on New CEs Emergency Repair Projects Operational Right-of-Way Limited Federal Funds

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  1. Guidance onNew CEsEmergency Repair ProjectsOperational Right-of-WayLimited Federal Funds • Email questions to: OES@dot.state.oh.us 1 EUM – March 2014

  2. MAP-21 • Congress mandated that certain actions be categorically excluded from requirements related to EA’s and EIS’s • Section 1315 (Emergency repairs) • Section 1316 (Operational right-of-way) • Section 1317 (Limited Federal funds) 2 EUM – March 2014

  3. FHWA Rulemaking • Amended 23 CFR 771.117(c) to add new CEs • (c)(9) Emergency Repair Projects (2/19/13) • (c)(22) Operational Right-of-Way (2/12/14) • (c)(23) Limited Federal Funds (2/12/14) • Rulemaking did not change procedural requirements for approval of projects • Environmental requirements under Federal and State statutes and regulations still apply • e.g. Endangered Species Act, Public Involvement, EJ EUM – March 2014

  4. LevelofImpacts EUM – March 2014

  5. Documentation The new CEs are considered to meet the c-list (undocumented CE) criteria, however… • FHWA required documentation to ensure a higher level of NEPA document is not warranted • No significant impacts will occur • No unusual circumstances exist • An Environmental Verification Form was developed in accordance with rulemaking • Only for projects that meet new CE criteria • Shows due diligence performed EUM – March 2014

  6. No Anticipated Impact • Actions related to Emergency Repairs (c)(9), Operational Right-of-Way (c)(22), and Limited Federal Funds (c)(23), are not anticipated to have impacts to: • Air Quality & Noise (conduct proper studies, as appropriate) • Hazardous Materials (limited to petroleum related underground storage tanks/releases) • Farmland • Drinking Water • No documentation required EUM – March 2014

  7. No Significant Impact Specific environmental resource areas require documentation to illustrate allowable thresholds are not exceeded • Waterway Permits • Nationwide or Regional General Permits • May include PCNs • Endangered Species • No Effect orMay Effect, But Not Likely to Adversely Effect • 100-year Floodplain • No substantial impacts EUM – March 2014

  8. No Significant Impact • Section 4(f)/6(f) • No permanent incorporation of land or conversion • No 4(f), No Use, orExceptions (e.g. Temporary No Use), and Maintenance or Temporary Non-Conforming Use • Cultural Resources • Minimal Potential to Cause Effect or No Historic Properties Affected EUM – March 2014

  9. EJ and PI • For Operational Right-of-Way (c)(22) and Limited Federal Funds (c)(23), the following applies • Follow OES EJ Guidance • If an EJ Analysis Report is needed or if impacts rise to disproportionate and adverse, cannot apply new CEs • PI is commensurate to project’s type and scope EUM – March 2014

  10. Guidance EUM – March 2014

  11. FHWA • Based on FHWA Ohio Division correspondence of 2/18/2014, the new CE’s can be applied to projects in accordance with 23 CFR 771.117(c) • OES Guidance and Environmental Verification Form was accepted EUM – March 2014

  12. Exempt per CE PA • If a project qualifies as an Exempt Action Type under the existing CE PA, it can be processed as such with no additional documentation • Complete Online CE Exempt Form Tab EUM – March 2014

  13. Exempt Exceeded • When a project exceeds the limits of an Exempt Action Type under the existing CE PA, it may meet the criteria of one of the new CE’s • Environmental Verification Form required • Include documentation in Project File • Potential impacts to environmental resources will follow coordination requirements per ODOT’s typical environmental process • If thresholds exceeded altogether, a higher level of NEPA document would be required 13 EUM – March 2014

  14. 771.117(c)(9)Emergency Repair Projects EUM – March 2014

  15. Definition • 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 • Damage must be caused by a natural disaster or a catastrophic failure from an external cause • The repair occurs within existing right-of-way and in a manner that substantially conforms to pre-existing design, function, and location EUM – March 2014

  16. Process • Perform Damage Survey Assessment • The assessment will help determine if a higher level of NEPA document is warranted based on the context and intensity of impacts • Prepare Damage Survey Report (DSR) • Upload to the Project File • Upload Environmental Verification Form • Document Level Tab is left blank • Exempt Form Tab not generated • EUM – March 2014

  17. 771.117(c)(22)Operational ROW EUM – March 2014

  18. Definition • ROW disturbed for an existing transportation facility OR Is maintained for a transportation purpose • See guidance for specific definitions/examples • Portions of ROW that have not been disturbed or that are not maintained for a transportation purpose do not qualify as existing operational ROW EUM – March 2014

  19. Temporary ROW • Temporary easements and takings needed for construction purposes are covered even if that work is located outside existing operational ROW • Areas acquired as temporary easements or ROW for past projects are not considered part of the existing transportation facility • Easements end once the original project is complete EUM – March 2014

  20. Process • Upload all pertinent documentation to the Project File • Upload Environmental Verification Form • Document Level Tab is left blank • Exempt Form Tab not generated • EUM – March 2014

  21. 771.117(c)(23)Limited Federal Funds EUM – March 2014

  22. Definition • A project must receive federal transportation funds in order to qualify under this CE • May include funds from a variety of Federal sources, but only applies to FHWA actions • Projects receiving limited funds are those that: • Receive less than $5,000,000 OR • Have a total estimated cost of not more than $30,000,000 and Federal funds comprise less than 15% of the total estimated project cost • Includes all phases EUM – March 2014

  23. Re-Evaluation • When federal funds for the project increase beyond established thresholds • An FHWA action needed when changes occur • FHWA approvals or grants needed during construction • If federal funds are in excess of the established threshold, the project will not qualify under (c)(23) EUM – March 2014

  24. Process • Upload all pertinent documentation to the Project File • Upload Environmental Verification Form • Document Level Tab is left blank • Exempt Form Tab not generated • EUM – March 2014

  25. Future Updates EUM – March 2014

  26. More to Come… • Another Final Rule to follow soon… • Four new c-list CE’s • Three d-list moving to c-list • Develop new CE PA • BIG changes to Online CE • Feature sets illustrating changes are in-process EUM – March 2014

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