Waterway Permits Categorical Exclusion Training Class

Waterway Permits Waterway permitting starts at the district level The permit determination process involves coordination between the district and OES-WPU (Waterway Permit Unit) Ecosurvey report = quantity and quality of waterways Project constraints such as construction limits, right-of- way, design build = amount and type of impacts Categorical Exclusion Training Class 2

Waterway Permits Permit Determination Process A Permit Determination is the process OES-WPU uses to determine the level of waterway permit required A Permit Determination Request is submitted to OES-WPU for review by the district The district or a consultant can complete the form OES-WPU evaluates the impacts and responds with a Permit Determination Typically, OES-WPU only reviews permit determination requests for ODOT-let projects (including ODOT-let LPA and maintenance) Local-let projects may also use this process OES-WPU may or may not assist the locals Categorical Exclusion Training Class 3

Waterway Permits EnviroNet and Waterway Permits If there are no waterway impacts, no permits are required, check “no” If there are waterway impacts, a Permit Determination must be completed before answering this question If a permit determination has NOT been completed, DO NOT GUESS Leave blank and explain in the remarks the status of the permit determination If a permit determination has been completed, answer according to the permit determination Categorical Exclusion Training Class 4

Waterway Permits Permit Determination Request Form  First step in making a permit determination Requires information from the ESR, plan sheets, and other project details Two-page instructions are available OES-WPU responds to the district with a permit determination Categorical Exclusion Training Class 5

Waterway Permits Permit Determination  OES-WPU response to the district Identifies the level of permit, or if agency coordination is required: For example, coverage under the RGP or NWP; Or if a Pre-Construction Notification (PCN) or other permit submittal is necessary Identifies mitigation needs Reminds the district of permit expiration dates, in water work restrictions, or pre-application meetings Categorical Exclusion Training Class 6

Waterway Permits Once a Permit Determination has been completed is sent back to the district, information can be added to EnviroNet Reminder, once you have populated a field, you cannot return to a blank field Categorical Exclusion Training Class 7

Waterway Permits In the Remarks Section, discuss the findings of the Permit Determination Is the project covered under the Regional General Permit or Nationwide Permit? Will waterway permit application(s) need to be submitted to the agencies for authorization, for example a 401 Water Quality Certification and/or 404 Individual permit? Waterway Permits must be granted before waters can be impacted, but the CE can be cleared prior to permit authorization Categorical Exclusion Training Class 8

Waterway Permits In the Environmental Commitments Section, discuss the status of the Waterway Permits for the project If not found in the ecological section, indicate any other commitments such as a mussel survey, in-water work restrictions, mitigation of waterway impacts, no build zones, etc Categorical Exclusion Training Class 9

Waterway Permits If Waterway Permits have been authorized, state specifically which ones and cite special provisions… For example, “Nationwide Permit #3 was authorized by the USACE for this project. Specific conditions of the permit are found in the Waterway Permit Conditions, Special Provisions.” If Waterway Permits have NOT been authorized, indicate which were applied for, when, and a statement that waters will not be impacted until permits are granted and special provisions have been completed. For example, “A USACE 404 Individual Permit and OEPA 401 Water Quality Certification application were submitted in September No waters can be impacted until these permits have been granted.” Categorical Exclusion Training Class 10

Waterway Permits Reminder, the (Waterway) Permits portion of the CE can be cleared prior to a permit determination and agency authorization and grant of permits IF the Remarks and Environmental Commitments are appropriate Remarks indicate the progress of the permits Environmental Commitments at a minimum must state that “no waters will be impacted until a 401/404 permit has been obtained.” Categorical Exclusion Training Class 11

Project File Documentation can include: Permit Determination Request Permit Determination Permit Special Provisions Follow NEPA Assignment File Management and Documentation Guidance Categorical Exclusion Training Class 12

Contact Information Adrienne Earley (Waterway Permits Program Manager) Katie Dunlap (Permits Coordinator) Craig Kerscher (Permits Coordinator) Tara Tarlton (Permits Coordinator) Categorical Exclusion Training Class 13

Permits Floodplains Guidelines for CE Document Preparers

Topics  Basics of Floodplain Management  Navigating through E NVIRO N ET Categorical Exclusion Training Class 15

Two Paths NFIP  The National Flood Insurance Program  Managed by FEMA  ODOT compliance administered through the Office of Hydraulic Engineering NEPA/EO  Executive Order (EO)  Impacts to floodplains must be discussed in the NEPA document  Administered by ODOT Office of Environmental Services Categorical Exclusion Training Class 16

Definitions  100-Year Flood A flood that has a 1% annual chance of occurring  Floodplain An area inundated from flood waters  Floodway A portion of the floodplain designated by FEMA as critical for flood flow conveyance - highly regulated  Flood Fringe The portion of the floodplain outside the floodway  Special Flood Hazard Area (SFHA) The area designated by FEMA that includes both the floodway and flood fringe. Also referred to as the “floodplain” when discussing NFIP Categorical Exclusion Training Class 17

Diagram of Floodplain Categorical Exclusion Training Class 18

Is My Project Within a FEMA Floodplain?  Most reliable resources are FEMA Flood Insurance Studies (FIS) and FEMA Flood Insurance Rate Map (FIRM) panels Generally, FISs contain more detailed hydraulic information such as peak stormflow rates, flood profiles, and stream reach To prepare CE documents, only a FIRM is required  Other acceptable resources are FEMA Effective and Approximate Study Hydraulic Models, and prior project specific studies Categorical Exclusion Training Class 19

How to Locate a FEMA FIRM panel  Most FIRMs are posted on FEMA’s website at  Be sure to note any revisions, amendments, or revalidations  If the map is not available, it may be ordered from FEMA (Note this may take six weeks or more) Categorical Exclusion Training Class 20

Interpreting the FIRM panel  Use the legend to determine if the project is within the FEMA 100-year Floodplain (SFHA) Typically, this will be within the blue lines on the FIRM Be sure to check the legend on each panel  The regulated floodway is identified by hash marks Categorical Exclusion Training Class 21

FEMA FIRM Categorical Exclusion Training Class 22

NFIP  Administered by FEMA Provides flood insurance to communities  Requires local communities to adopt and enforce minimum floodplain management regulations  ODOT must comply with these regulations (more to follow…)  FEMA may audit compliance with NFIP requirements  Penalties for non-compliance include probation and suspension from the NFIP  Administered by ODOT Office of Hydraulic Engineering Categorical Exclusion Training Class 23

NFIP Responsibilities for Document Preparers  Environmental Document preparers are still responsible for including appropriate documentation for NFIP compliance in the EnviroNet system.  When a project is determined to be within the 100- year floodplain, ODOT employees should send an e- mail to the District Hydraulic Engineer (or equivalent) requesting all applicable documents. Categorical Exclusion Training Class 24

NEPA/EO  The EO requires agencies to avoid, to the extent possible, the long-term and short-term adverse impacts associated with the occupancy and modification of floodplains and to avoid the direct or indirect support of floodplain development whenever there is a practicable alternative Categorical Exclusion Training Class 25

NEPA/EO  The EO applies to all federal agencies and all federal actions, in all floodplain locations described as the “100-year flood” or “Base Floodplain”  It requires that agencies: Avoid the Base Floodplain Adjust to the Base Floodplain Evaluate, Design, and Implement all agency actions to meet the Executive Order Notify the Public if there are impacts to floodplains Categorical Exclusion Training Class 26

Does EO apply to my project?  Applies to C2, D1, D2, D3, EA, and EIS projects occurring within the 100-year floodplain that have federal funding, work performed by the federal government, or require federally issued permits (e.g. Corps Waterway Permits)  Does not apply to C1 projects because ODOT has determined the potential impact to the base flood elevation is negligible Categorical Exclusion Training Class 27

Steps to Follow  Step 1 - Determine if a proposed project is in the floodplain Follow the process described  Step 2 – Conduct early public review/public involvement The Order includes requirements that the public be provided adequate information, opportunity for review and comment, and an accounting for the rationale for proposed actions affecting floodplains Follow the ODOT-OES Public Involvement Manual This is a path based decision tree - for more information regarding ODOT’s Paths, see the PDP manual Categorical Exclusion Training Class 28

Steps to Follow  Step 3 - Identify and evaluation practicable alternatives to locating in the floodplain ODOT is required by the Order to identify and evaluate practicable alternatives to locating in the floodplain Alternatives to be evaluated include:  Alternative Sites  Alternative Actions  No Action It is possible that there is no alternative, such as culvert replacement, bridge pier repairs, etc. Categorical Exclusion Training Class 29

Steps to Follow  Step 4 - Identify impacts of the proposed project Categories of impacts  Impacts to Lives and Property  Natural and Beneficial Floodplain Values Three types of impacts that must be addressed for each category  Positive and negative  Concentrated and dispersed  Short and long-term Categorical Exclusion Training Class 30

Steps to Follow  Step 5: Minimize, Restore, and Preserve Impacts to Lives, Property, and Natural and Beneficial Floodplain Values ODOT must develop mitigation measures if locating within a floodplain with no practicable alternative sites and the project is impacting lives, property, or natural and beneficial floodplain values Mitigation measures vary widely project-to-project Note that some projects may not require mitigation because it is economically infeasible or the project area is so small that it will not allow measures Categorical Exclusion Training Class 31

Steps to Follow  Step 6: Reevaluate alternatives Having identified the impacts the proposed action would have on the floodplain (Step 4), methods to minimize these impacts, and opportunities to restore and preserve floodplain values (Step 5); the proposed action should now be reevaluated For proposed actions in the floodplain, the reevaluation should consider if the action is still feasible at this site Three Options must be discussed under this section:  Is locating the project in the Floodplain still practicable?  Is there any way to limit the extent of the action within the floodplain?  Is it possible to perform no action? Categorical Exclusion Training Class 32

Steps to Follow  Step 7: Present the findings and a public explanation If reevaluation results in the determination that there is no practicable alternative to locating in or impacting the floodplain, a statement of findings and public explanation must be provided for the proposed action Use the template statement of findings 33 Categorical Exclusion Training Class

Steps to Follow  Step 8: Implement the Project Free Step!! Categorical Exclusion Training Class 34

Documenting the 8-Step Process  Use Exhibit A of the ODOT Floodplain Guidance to show documentation of steps 3, 4, 5, 6, and 7, or manually type a document demonstrating compliance with all steps  Follow the ODOT Public Involvement Manual to show compliance with Step 2 Categorical Exclusion Training Class 35

Permits Tab - EnviroNet  Floodplain is a sub-section of the Permits Tab Categorical Exclusion Training Class 36

Remarks  Give a short narrative of the process followed  Describe impacts to floodplain, floodway, and base flood elevations  Discuss coordination efforts and project related correspondence with Local Floodplain Administrator Categorical Exclusion Training Class 37

Project File  Upload the following documents to the project file (If applicable): A copy of the FIRM panel showing the project area A copy of the Initial Local Floodplain Coordination letter (Exhibit B in ODOT Floodplain Guidance) Copy of any correspondence from Local Floodplain Coordinator A copy of the Statement of Findings (Exhibit A in ODOT Floodplain Guidance) Any other documents required by ODOT L&D Manual  Follow NEPA Assignment File Management and Documentation Guidance Categorical Exclusion Training Class 38

Contact Information  Ross Irvine (Assistant Legal Counsel) Categorical Exclusion Training Class 39