managing the environmental & project development process presented by the ohio department of...
Post on 01-Apr-2015
218 Views
Preview:
TRANSCRIPT
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)
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Requires federal agencies within USDOT to assess and determine if a proposed action will result in significant environmental impacts
Established CEQ
NEPA
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Any project that creates
SIGNIFICANT impacts
cannot be considered for
CE classification
NEPA & CE Relationship
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
“…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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Title 23 - Highways Part 771 - Environmental Impact
771.115 – Classes of Action 771.117 – FHWA Categorical
Exclusions
FHWA Regulations
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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)
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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)
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Actions that meet CE criteria per 40 CFR 1508.4 and 23 CFR 771.117(a)
Exempt Projects
23 CFR 771.117(c)
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Actions that meet CE criteria per 40 CFR 1508.4 and 771.117(a)
CE Levels 1-4
23 CFR 771.117(d)
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Ohio’sProgrammatic
CE Agreement
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Exempt Level 1 Level 2 Level 3 Level 4
Five Documentation Levels
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
OES Administrator or Policy Assistant Environmental Administrator (AEA) CE Levels 3 and 4
FHWA CE Level 4
CE Signature Authority
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
ExemptProject Types
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
8. Bridges: Deck overlays and deck replacements Superstructure replacement Bridge painting Maintenance activities
Exempt
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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 ProcessPresented by the Ohio Department of Transportation
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 ProcessPresented by the Ohio Department of Transportation
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 ProcessPresented by the Ohio Department of Transportation
CE Level 1Project Types
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
4. Environmental mitigation activities
5. Tower and street lighting projects
6. Major reconstruction to existing rest areas and truck weigh stations
Level 1
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CE Level 2 and 3Project Types
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Level 2’s Can Involve…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Programmatic or de minimis 4(f) impacts
Minor public or agency controversy No opposition from organized groups
or agencies
Level 2’s Can Involve…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Level 3’s Can Involve…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Level 3’s Can Involve…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Substantial controversy on environmental grounds Strong opposition from organized
groups and/or agencies Documentation must demonstrate
that public and/or agency concerns addressed
Level 3’s Can Involve…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Projects involve any of the following impacts:
Floodplain (substantial/significant)
Disproportionately high and adverse impacts to Environmental Justice populations
Not Level 3 When…
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CE Level 4
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Re-Evaluations
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
CE Online System
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
External users register through MyODOT
Internal users contact OES to gain access
We’ve Gone Electronic
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Lists District, LPA, Consultant Contacts District Primary Reviewer ODOT Project Manager District Staff Primary Form Preparers
Form Adminstration Tab
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
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
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
Erica L. Schneider, AEA-OES Policy614-387-0134Erica.Schneider@dot.state.oh.us
Kevin E. Davis, Supervisor-OES Policy614-752-2788Kevin.Davis@dot.state.oh.us
Contacts
Managing the Environmental & Project Development ProcessPresented by the Ohio Department of Transportation
top related