Section 4(f) Updates questions to:

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Presentation transcript:

Section 4(f) Updates questions to:

Updated Coordination Form  Section 4(f)/6(f) Determination Form for Recreational Properties  Complete form accordingly, based on type of impact o Informal consultation may be needed o Review Standard Operating Procedures (SOP)  Submit with all pertinent information attached o Mapping, right-of-way plan sheets, photographs o OWJ consultation/concurrence o Easements/leases/management plan o Public Involvement o Section 6(f)

Submittals  Include project information  Level of 4(f), type of 4(f) property, and level of 6(f) o Based on informal consultation and/or SOP o 6(f) may apply if property received LWCF  Provide the following in all cases: o Project description o Description of property o Description of impacts o Measures to minimize harm/mitigation/commitments

Submittals  For de minimis, Programmatic, or Individual: o Purpose & Need o Public Involvement Summary  For Programmatic or Individual: o Alternatives Analysis  For properties that are subject to 6(f): o Description of replacement property o ODNR completes conversion section

What It Looks Like…

4(f) Determination Process  Upload form to Online CE o No hard copies or submittals o Notify district contact via when uploaded  OES Policy issues determination o Within 30 calendar days of being notified by district  de minimis or Programmatic o FHWA afforded a 15-calendar day objection period  Individuals o Regulatory time frames are followed, but overall process time may take a year to complete

6(f) Determination Process  If 6(f) applies, included as part of submittal o Maintenance = OES approves o Temporary Non-Conforming Use = ODNR approves o Conversion = ODNR and NPS approves  ODNR and NPS provide comments and/or approval within 30 calendar days o Per terms/conditions of the 6(f) PA

Standard Operating Procedures  Guidance issued in 2012 revised and renamed as the SOP for recreational 4(f) properties o Cultural Resource 4(f) issued following completion of the Section 106 Process  Applies to federally-funded transportation projects that impact or involve a 4(f) property o Parks and Recreation Areas o Wildlife and Waterfowl Refuges and Wildlife Areas o School Playgrounds o Trails and Shared-Use Paths o National and State Wild and Scenic Rivers Portion designated for recreation

Additional Guidance  Flow charts to correspond with the SOP  How-to for completing the determination form  Screening checklist for recreational properties  Templates for OWJ correspondence o Majority can be facilitated through o Official letterhead for de minimis and higher

Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Wildlife Areas  Projects adjacent to these properties do not require coordination with the OWJ or OES Policy when: o No permanent and/or temporary ROW is required from the property Includes easements and work agreements o No restriction of access will occur during construction activities Standard language provided in SOP

Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Wildlife Areas  Wildlife Areas o Publicly-owned land that protects habitat and/or terrain that facilitates wildlife production and conservation o May facilitate public recreation Hunting, fishing, and/or trapping Walking, hiking, and/or biking Wildlife watching Boating Other compatible recreation use

School Playgrounds  School property itself is not subject to Section 4(f)  4(f) may apply to playground areas if they: o Are open to the public and publicly owned AND o Serve either organized or substantial walk-on recreational purposes that are determined to be significant  The Superintendent is typically considered the OWJ o Must consult with in order to determine if school playground is subject to 4(f)

Wild and Scenic Rivers  4(f) applies only to those portions (including adjacent land) that are designated recreational o Either through legislation or management plan o Projects adjacent to rivers do not require coordination with the OWJ or OES Policy if 4(f) does not apply Standard language provided in SOP

Contact Info  Kevin E. Davis o o