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Guidance on
New CEs
Emergency Repair Projects
Operational Right-of-Way
Limited Federal Funds
Email questions to: [email protected]
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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)
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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
o e.g. Endangered Species Act, Public
Involvement, EJ
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Level
of
Impacts
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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
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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
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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 or May Effect, But Not Likely to
Adversely Effect
100-year Floodplain
No substantial impacts
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No Significant Impact
Section 4(f)/6(f)
No permanent incorporation of land or
conversion
o No 4(f), No Use, or Exceptions (e.g.
Temporary No Use), and Maintenance or
Temporary Non-Conforming Use
Cultural Resources
Minimal Potential to Cause Effect or No
Historic Properties Affected
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EJ and PI
For Operational Right-of-Way (c)(22) and
Limited Federal Funds (c)(23), the following
applies
Follow OES EJ Guidance
o 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
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Guidance
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0
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
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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
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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
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771.117(c)(9)
Emergency Repair Projects
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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
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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)
o Upload to the Project File
Upload Environmental Verification Form
Document Level Tab is left blank
o
Exempt Form Tab not generated
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771.117(c)(22)
Operational ROW
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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
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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
o Easements end once the original project is
complete
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Process
Upload all pertinent documentation to the
Project File
Upload Environmental Verification Form
Document Level Tab is left blank
o
Exempt Form Tab not generated
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771.117(c)(23)
Limited Federal Funds
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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
o Includes all phases
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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)
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Process
Upload all pertinent documentation to the
Project File
Upload Environmental Verification Form
Document Level Tab is left blank
o
Exempt Form Tab not generated
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Future Updates
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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
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