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OTHER RESOURCES FARMLAND Categorical Exclusion Training Class

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Page 1: OTHER RESOURCES FARMLAND Categorical Exclusion Training Class

OTHERRESOURCES

FARMLAND

Categorical Exclusion Training Class

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Farmland Process

2

Project Initiation Package

MOU

FCIR Form

Agency Coordinatio

n

NEPA Document

Yes

No

Score Less

than 160

Categorical Exclusion Training Class

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Agricultural District Process

3

Project Initiation Package

Agricultural District

ORC 929.05(a)

Agency Coordinatio

n

NEPA Document

No

Yes

No

Categorical Exclusion Training Class

Yes

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Why So Important? Agriculture is the #1 industry in Ohio

$107 billion annually Nearly 1 million employees

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Farmland Loss In O-H-I-O Between 1950 and 2000, Ohio lost more

than 7 million acres of farmland = 23 counties lost

Between 1987 and 1997, Ohio was 2nd in the nation for loss of prime farmland

Farmland conversion in Ohio occurring at a greater rate than population growth

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Federal Law Farmland Protection Policy Act (FPPA)

Established by Congress Subtitle to the 1981 Farm Bill Requires federal programs to be

compatible with state, local and private efforts to protect farmland and consider adverse effects on farmland preservation Projects sponsored or financed in whole

or part by the federal government Highways, airports, dams and federal

buildings

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State Law Ohio Revised Code (ORC) 929.05

Ohio’s Farmland Preservation Act Projects that take 10% or 10 acres

(whichever is greater) from any individual property within an agricultural district require coordination with the Ohio Department of Agriculture (ODA)

Utility and emergency repair projects exempt

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Farmland MOU Between FHWA/NRCS/ODOT Executed December 15, 2011 Spells out responsibilities per the FPPA

and the implementing regulations at 7 CFR 658

Establishes a process to determine which Federal-Aid highway projects require NRCS coordination

Projects that meet MOU criteria can be processed with no further coordination required Discuss accordingly in NEPA document

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MOU Criteria Projects meet criteria when:

No new right-of-way (ROW) required Bridge replacements with permanent

and/or temporary ROW less than three acres Piers, wingwalls, and/or approach

work Widening with permanent and/or

temporary ROW less than three acres Intersection improvements with

permanent and/or temporary ROW less than three acres

Temporary ROW when land being used returned to equal or greater productive capability

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CoordinationNew ROW MOU replaces OES FPPA Screening Form Applies to federally funded projects If MOU criteria exceeded, FCIR (Farmland

Conversion Impact Rating) Form required

FCIR Natural Resources Conservation Service

(NRCS) Determines if land to be acquired subject

to FPPA If FCIR score less than 160, no formal

coordination with NRCS required 10Categorical Exclusion Training Class

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Online CE – Other Resources Tab

Farmlands

11

#3 will be phased out during enhancements

Categorical Exclusion Training Class

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Remarks Discuss how the proposed project

complies with the MOU or discuss results of FCIR coordination

If FCIR Form required, the scoring results must be discussed for each build alternative

If ORC 929.05(a) threshold is exceeded: Discuss need to impact agricultural land Identify properties in Agricultural

District Coordinate with Ohio Dept. of

Agriculture12Categorical Exclusion Training Class

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Remarks Use standard language provided by OES

for projects that comply with the MOU Use standard language provided by OES

for projects that require an FCIR Form Coordination with NRCS determines if

significant impacts to prime or unique farmland will occur

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Remarks Discuss acreage of agricultural land to be

taken and the number of farms impacted Contrast with the total agricultural land

acreage & number of farms in the county Indicate current use of agricultural land

in the project area (e.g. cropland, fallow land, pasture) and any conservation easements

Presence of field tile drainage

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Remarks Discuss impact to farming operations, if

any Farm structures, storage or staging

areas Quantify landlocked parcels

Consider indirect and cumulative development How project will impact regional farm

economy Amount of farmland to be converted to

other uses as a result of the project Reduction of support services, which

may adversely affect remaining farms 15Categorical Exclusion Training Class

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Online CE Project File/Part of CE

Aerial Mapping

Photographs

FCIR Form

NRCS Correspondence

OES Correspondence

Ohio Department of Agriculture Coordination

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Other Resources

Drinking Water

Categorical Exclusion Training Class

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ProcessProject Initiation

Package

Field Investigations

Coordination

NEPA Document

Resources Not

Present

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OES reviews and provides oversight for projects with impacts to drinking water OES monitors new rule making and

legislation, serves as liaison to regulatory agencies, and provides training and assistance to Districts and consultants

The primary responsibility for identifying resources and associated coordination belongs to the ODOT Districts with oversight by OES

Role & Responsibilities

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Drinking Water resources are: Residential Wells Public Water Systems

Water Source Protection Areas involving Ground and Surface Water

Wellhead Protection Areas Sole Source Aquifers

Definition

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Defined as where the intake of raw water occurs Water lines are not a drinking water

resource

OEPA and/or ODOT GIS mapping

Identification

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If not removed or impacted, no coordination required

Removal or impacts will require commitments and possible coordination

Mapping is limited or non-existent Searching ODNR well logs, contacting

ODNR Division of Water or the local county health department can be useful

Residential Water Wells

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Coordination with the owner is not required When impacted, an environmental commitment

may include drilling a new well or providing a connection to the local public water supply If this is not feasible, the property and/or

dwelling may be acquired Impacted wells are properly abandoned in

accordance with ODNR’s Technical Guidelines for Sealing Unused Wells

Residential Water Wells

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A Public Water System (PWS) serves piped water to at least 25 persons or 15 service connections for at least 60 days per year

Approximately 6,200 in Ohio Over 95% use a ground water source

Public Water Systems

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Three types in Ohio: Community Water Systems

Cities, mobile home parks, and nursing homes

Transient Non-community Water Systems Rest areas, campgrounds, restaurants, and

churches Non-Transient Non-community Water Systems

Schools, businesses, and industries

Public Water Systems

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Regulated by Ohio EPA Ground Water

Coordination required if project is within 1 and 5 year time of travel zones (Corridor Management Zone)

Surface Water Coordination required if project is

within a designated Emergency Management Zone

Public Water Systems

Water Source Protection Areas

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Designed to prevent contamination of public water supplies

Ohio's Wellhead Protection Program was approved by USEPA in 1992

Intended to work in concert with contaminant source control and pollution prevention efforts at all levels of government

Wellhead Protection Areas

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Regulated by USEPA Primary drinking water aquifers Only in Districts 1, 2, 5, 7, and 8 FHWA and USEPA MOU

CE projects meet the criteria EA/EIS projects require USEPA

coordination

Sole Source Aquifers

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Answer drop-downs appropriately for presence of and impacts to drinking water resources Sole Source Aquifer Water Source Protection Area

Groundwater and Surface Water Residential Wells (ODNR well logs)

If impacts anticipated, coordination required for documentation and mitigation purposes

Online CE – Other Resources TabDrinking Water

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Online CE – Other Resources Tab

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Identify drinking water resources Water lines are not a drinking water resource

Summarize coordination required List mitigation and environmental

commitments

Remarks

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Identify drinking water resources Water lines are not a drinking water

resource

Summarize coordination required List mitigation and environmental

commitments

Requesting info from coordinating agencies is not coordination

Remarks

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Coordination occurs when ODOT-OES and the coordinating agency negotiate impacts upon a specific drinking water resource An example would be proposed

concrete ditch crossing a 1 year time of travel zone or crossing a well field

Remarks

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35

No Coordination Example

Remarks:

OEPA’s Source Water Assessment and Protection (SWAP) mapping was reviewed by URS Corporation environmental personnel. No sole source aquifers or drinking water source protection areas for community, non-community, and residential wells are located within the proposed project area (see project file – Other Resources/Drinking Water/Mapping). Therefore, the proposed undertaking will not impact known drinking water resources.

Categorical Exclusion Training Class

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The Ohio EPA Division of Drinking and Ground Waters was contacted to identify the presence of drinking water resources within the proposed project area. In an e-mail dated June 28, 2013, OEPA sent a map showing the proposed project area in relation to surrounding drinking water resources. There are no drinking water source protection areas within one mile of the proposed project area. In addition, the proposed project area does not lie over a Federally-designated sole source aquifer. The OEPA water resources map can be found in the project file (Other Resources/Drinking Water/Mapping). The ODNR well logs were reviewed and no residential wells were identified within the proposed project area.

No Coordination Example

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The proposed project area is located within (on eastern edge of) the OEPA designated Great Miami Buried Valley Aquifer System and an OEPA designated Water Source Protection Area (City of Hamilton Municipal Water System).  The City of Hamilton is the reviewing and approving agency for actions within their WSPA, and is also the sponsor of the proposed project for the CNG refueling station.  The city water utility department has reviewed and approved the proposed action (November 2013 internal city reviews), and has not requested special conditions or environmental commitments.

Water Source Protection Area Example

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The Ohio EPA Division of Drinking and Ground Waters was contacted to determine if drinking water resources were present within the proposed project area. Based on the information provided by OEPA, the proposed project is located within the Corridor Management Zone (CMZ) for Henry County Regional Water & Sewer District McClure intake.  In addition, ODNR’s Division of Soil and Water Resources on-line mapping was reviewed for residential well locations and none were noted. (see project file - Other Resources/Drinking Water/Site Specific Resource Map.pdf and Other Resources/Drinking Water/Literature Review Results.pdf).  Therefore, the following plan note will be included in the plans.  

Corridor Management Zone Example

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The proposed project area is located within the boundaries of a designated sole source aquifer. However, the proposed project is not located within the boundaries of a designated Water Source Protection Area.  The proposed project area is served by the City of Dayton public water supply. A plan note requiring precautions to protect groundwater resources will be included.  As the project falls under the Categorical Exclusion classification, sole source aquifer coordination is not required under the Memorandum of Understanding between FHWA Region 5 and USEPA Region V.

Sole Source Aquifer Example

Categorical Exclusion Training Class 39

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The project is located in the CMZ for the Henry County Regional Water & Sewer District McClure’s drinking water resource area.  In order to minimize the potential for a release in this sensitive area, project related refueling and maintenance activities shall not be performed from STA              To STA              .  Spills of fuels, oils, chemicals or other materials which could pose a threat to the drinking water source area shall be cleaned up immediately by the Contractor.  If the spill is a reportable amount, the Contractor should contact (insert name and number of local hazardous material response team) for cleanup of the spill. 

Corridor Management Zone Commitment

Example

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Include copies of appropriate coordination ODOT-OES OEPA USEPA

41

Online CE Project File/Part of CE

Categorical Exclusion Training Class

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PERMITS

FLOODPLAINS

Categorical Exclusion Training Class

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Floodplains Process

Project Initiation Package

Field Review

Floodplain Administrator Coordination

NEPADocument

Not Present

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Online CE – Permits Tab Floodplains

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Describe impacts to floodplain, floodway, and base flood elevations

Coordination with Local Floodplain Administrator Coordination can be an environmental

commitment completed during design phase

Remarks

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Example

According to Federal Emergency Management Agency’s (FEMA) Flood Insurance Rate Map (FIRM) Panel No. 39153CO212E, effective July 20, 2009, the proposed undertaking will impact the 100-year floodplain of both Haley’s Ditch and Springfield Lake Outlet (Attachment E1a, page 102 presents a portion of this FEMA panel and Attachment E1b, page 103 shows that no floodplains occur in the proposed project area). (Continued on page 8a)

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Example

Floodplains (continued):

The proposed undertaking will cross Haley’s Ditch and Springfield Lake Outlet with three-sided box Con-span arch culverts. On the proposed project area portion of the FEMA panel, the floodplain of Haley’s Ditch has not been updated since that channel was relocated and channelized in the late 1970s (Attachment E1a, page 102). The combined project impacts on the 100-year floodplains of both Haley’s Ditch and Springfield Lake Outlet are proposed to be less than 0.3 acre. Since the proposed undertaking is located within a floodplain regulated by FEMA, coordination with the local floodplain administer is required. On December 22, 2010, floodplain coordination correspondence was sent to the designated floodplain administrator at the City of Akron (see Attachment E2, pages 104-106 for a copy of the correspondence). See Attachment E3, pages 107-108 for a copy of the Akron Engineering Bureau correspondence, dated March 21, 2011 for the project. This coordination letter states that the project will be required to comply with all sections of the City of Akron code, Article 3 Flood Hazard Areas, Section 197.300 to 197.319 and meet or exceed the minimum FEMA standards. Any encroachment within the floodway that would result in an increase in the base flood elevation can only be granted upon approval by FEMA.

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Floodplain Administrator Correspondence and/or Coordination

FEMA Flood Insurance Rate Maps (FIRM)

Online CE Project File/Part of CE

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FEMA Map

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