Categorical Exclusions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Federal Law and Regulations  National Environmental Policy Act of 1969  40 CFR  Council on Environmental Quality (CEQ)  23 CFR  Federal Highway Adminstration (FHWA) Managing the Environmental & Project Development Process Presented 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 Process Presented 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 Process Presented 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 Process Presented 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 ~ CEQ Regulations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Title 23 - Highways  Part Environmental Impact  – Classes of Action  – FHWA Categorical Exclusions FHWA Regulations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Actions that meet 40 CFR  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 (a) Managing the Environmental & Project Development Process Presented 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 (b) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Actions that meet CE criteria per 40 CFR and 23 CFR (a)  In Ohio, categorized into two levels  C1 and C2 23 CFR (c) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Actions that meet CE criteria per 40 CFR and (a)  In Ohio, categorized into three levels  D1, D2, and D3 23 CFR (d) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

MAP-21  Congress mandated certain actions be categorically excluded  Moving Ahead for Progress in the 21 st Century Act  Sections 1315, 1316, and 1317 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Ohio’s Programmatic CE Agreement

 Between FHWA and ODOT  Assures compliance with all applicable federal environmental laws & regulations  Consistent documentation process  Legally defensible  Concise and easy procedure to follow Highlights Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Reflects changes implemented by MAP-21  All CE’s are classified as “C” or “D” in accordance with 23 CFR  The appropriate determination level is based upon the type of action and project impacts  The approval and documentation process is facilitated through the Online CE System Highlights Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 C1  C2  D1  D2  D3 Five Determination Levels Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 C1, C2, and D1  District Environmental Coordinator (DEC)  ORDC Environmental Coordinator (EC)  D2  Above, plus OES  D3  Above, plus FHWA Determination Authority Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

C1 Project Types

 Standard stand-alone transportation activities  Do not result in significant impacts to the human or natural environment  Meet the intent of 23 CFR (c)  No additional documentation required beyond determination that they meet the criteria presented in Appendix A of the PA Definition Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(1)Activities which do not involve or lead directly to construction…  Study type projects (e.g. feasibility studies)  Projects that do not utilize federal monies or do not require federal actions  State-funded actions only*  Land donations to ODOT associated with ROW permits (Non-NHS/non-Limited Access)  State-funded actions only* C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(2)Approval of utility installations along or across a transportation facility  Tower and street lighting projects (3)Construction of bicycle and pedestrian lanes, paths, and facilities  Walkways, sidewalks, shared-use paths and facilities, and small passenger shelters  No new disturbance C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(4)Activities included in the State's "highway safety plan" under 23 U.S.C. 402 (5)Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317  Land transfer in support of an action that is not otherwise subject to FHWA review C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(6)Installation of noise barriers or alterations to existing publicly owned buildings to provide noise reduction  Maintenance and/or replacement of existing noise wall panels and/or posts (7) Landscaping  H erbicidal spraying  Mowing or brush removal/trimming projects  Beautification/facility improvement projects C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(8) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices  No substantial land acquisition or traffic disruption will occur  Installation or maintenance of signs, pavement markings/raised pavement markers/sensors, traffic calming activities, and/or new or replacement fencing  General pavement marking or “line painting” C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(9)…transportation facilities damaged by an incident resulting in an emergency declared by the Governor…or a disaster or emergency declared by the President…  Emergency repairs under 23 U.S.C. 125  Repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility…, including ancillary transportation facilities…, in operation or under construction when damaged C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(10)Acquisition of scenic easements  Conservation/mitigation easements and fee simple  Land acquisition by a public agency/public park entity for passive recreational use (11) Determination of payback under 23 U.S.C. 156 for property previously acquired with Federal-aid participation C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(12)Improvements to existing rest areas and truck weigh stations  Improvements to existing rest areas and weigh stations for minor maintenance  Projects involving major construction may require a higher level of documentation  Truck stop electrification and construction/installation of alternative energy facilities at existing facilities C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(13)Ridesharing activities  Transportation corridor parking facilities, park-and-ride lots and ridesharing activities (14)Bus and rail car rehabilitation (15)Alterations to facilities or vehicles to make them accessible for older adults and handicapped persons C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(16)Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(17)Purchase of vehicles where the use of these vehicles can be accommodated by existing facilities or by new facilities which themselves are within a CE  Purchase or conversion of vehicles to alternative fuel uses C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(18)Track and railbed maintenance and improvements within existing right-of-way  Track and railbed acquisition (19)Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(20)Not applicable to ODOT (21)Deployment of electronics, photonics, communications, or information processing used singly or in combination, or as components of a fully integrated system, to improve the efficiency or safety of a surface transportation system or to enhance security or passenger convenience C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(22) Projects, as defined in 23 U.S.C. 101, that would take place entirely within the existing operational right-of-way (23) 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 with Federal funds that comprise less than 15 percent of the total estimated project cost C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(24) Localized geotechnical and other investigations for preliminary design, environmental analyses and permitting purposes  Drilling test bores for soil sampling; archaeological investigations for resource assessment or similar survey; and wetland surveys  Only applies to stand alone projects, not for surveys being conducted as part of a project with an environmental document C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(25)Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of an existing transportation facility to address water pollution or environmental degradation  Environmental mitigation activities (e.g. wetland, stream, upland, etc.) C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(26) Thru (28) Per 23 CFR 771(c)(26)-(28) and MAP- 21, these items cannot be processed as a C1  See Appendix B (29) Purchase, construction, replacement, or rehabilitation of ferry vessels  No change in function of ferry terminals  Can be accommodated by existing or new facilities C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(30) Rehabilitation or reconstruction of existing ferry facilities  Occupies the same geographic footprint  No change in their functional use or substantial increase in the existing facility’s capacity  Pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals C1 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

C1 Impact Thresholds

Not a C1 if… …a project involves any of the following:  Acquisition of new temporary/permanent ROW  National Scenic River Corridor impacts  Waterway Permits  Threatened & Endangered Species impacts  Wetland impacts  Historic Properties or Historic District impacts  Section 4(f) and/or Section 6(f) impacts  Substantial traffic disruption  Minor public or agency controversy on env. grounds Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

C2 Project Types

 Do not result in significant impacts  Have independent utility and logical termini  Require a minimum level of documentation to ensure no unusual circumstances are present  Do not exceed constraints listed at 23 CFR (e) Definition Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Definition  Certain C1 actions can be processed as a C2 only if they meet the criteria of a C2 and do not exceed C2 impact thresholds  C1 actions that do not meet the criteria for C2 shall be processed at the next appropriate higher level (D listed projects) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(26) Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes…  Joint or limited use of right-of-way where the proposed use would have minimal or no adverse social (including highway safety), economic or environmental impacts C2 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(26)cont’d  Installation of new noise walls and other new noise mitigation projects  Construction of highway safety and truck escape ramps  Construction of bicycle lanes and pedestrian walkways, sidewalks, shared-use paths, or facilities and trailhead parking that do not otherwise qualify for a C1 designation C2 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(26)cont’d  Beautification or facility improvement projects (landscaping, curb and gutter installation and replacement, ADA ramps and/or curb ramps, installation of park benches, decorative lighting, etc.).  Construction of alternative energy facilities (fuel tank farms, wind turbines, etc.) C2 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(27) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting, if the project meets the constraints in paragraph (e) of this section  Lane reduction (“road diet”) changes provided traffic analysis is completed  Railroad projects that close at-grade crossings to improve safety or traffic operations C2 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(28) Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to replace existing at-grade railroad crossings, if the actions meet the constraints in 23 CFR (e)  Railroad projects that close or relocate at-grade crossings C2 Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

C2 Thresholds

 Acquisition of more than a minor amount of right-of-way such as strip take  Residential or non-residential displacements  A U.S. Coast Guard, Individual Section 404, or Section 10 permit is required Not a C2 if… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Section 106 consultation results in a finding of adverse effect to any historic property  Section 4(f) use is greater than de minimis  Agency coordination results in “may affect, likely to adversely affect” threatened or endangered species or critical habitat Not a C2 if… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Construction of temporary access, or the closure of an existing road, bridge, or ramps would result in major traffic disruptions  Changes in access control occur  Floodplain encroachment is other than functionally dependent uses or actions that facilitate open space use Not a C2 if… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Construction activities in, across, or adjacent to a river component designated or proposed for inclusion in the National System of Wild and Scenic Rivers  Minor public or agency controversy on environmental grounds  An EJ Analysis Report is required Not a C2 if… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Air Quality & Noise – Studies not required or no impacts will occur based on studies and coordination  Hazardous Materials - Limited to petroleum related Underground Storage Tanks (USTs) and/or releases  Farmland – Not present or amount of ROW needed does not exceed criteria of the Farmland Memorandum of Understanding (MOU) Additional Considerations Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

D1, D2 and D3 Project Types

 Meet the intent of 23 CFR (d)  Satisfy the criteria for CE Classification  Do not involve significant impacts  Require documentation to demonstrate specific conditions or criteria are satisfied Definition Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(1)-(3) [Reserved] (4) Transportation corridor fringe parking facilities (5) Construction of new truck weigh stations or rest areas (6) Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way...  Proposed use does not have significant adverse impacts (7) Approvals for changes in access control D-Listed Actions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(8)New bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes  Such construction not inconsistent with existing zoning  Located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic D-Listed Actions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(9)Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities  Minor amounts of additional land required  No substantial increase in number of users (10)Construction of bus transfer facilities when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic D-Listed Actions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(11)Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes  Such construction not inconsistent with existing zoning  No significant noise impact on surrounding community D-Listed Actions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(12)Acquisition of land for hardship or protective purposes  Hardship and protective buying is permitted only for a particular parcel or a limited number of parcels  These land acquisitions qualify for a CE only where the acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process D-Listed Actions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

(13) Actions described in (c)(26), (c)(27), and (c)(28) that do not meet constraints listed (e)  Project types that exceed thresholds in Appendix A and B D-Listed Actions Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

D1 Thresholds

 Minor acquisition involving a maximum of two relocations  Context and intensity of impacts may require elevation to the next appropriate higher level  Acquisition will not result in significant impacts to the community or environment Right-of-Way Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Individual Permit acceptable, but wetland impacts must be limited to less than 3 acres of Cat 1 and 2 wetlands and/or up to 0.5 acres of Cat 3  Section 106 impacts do not warrant the preparation of Archaeological Data Recovery recommendations  Section 4(f) impacts limited to Programmatic Evaluations or de minimis Waterways, Section 106, and 4(f) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 No public or agency controversy on environmental grounds  No impacts to federally threatened or endangered species/critical habitat that results in a Biological Opinion  No disproportionately high and adverse impacts to low-income and/or minority populations PI, T&E, and EJ Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 No substantial floodplain impacts  If a Coast Guard Permit is required contact OES for additional guidance regarding applicability of the Memorandum of Agreement Between The United States Coast Guard and The Federal Highway Administration To Coordinate and Improve Bridge Planning and Permitting, executed January 14, Floodplains and USCG Permit Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

D2 Thresholds

 Acquisition involving 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 Right-of-Way Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Section 106 impacts, provided necessary documentation of consultation is included in the project files as required by 36 CFR Part 800  Wetland impacts of five acres or less  Enough information to issue a wetland finding must be included in the CE  Substantial public or agency controversy on environmental grounds Section 106, Wetlands, and PI Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Programmatic Evaluation or de minimis impacts  Documentation for Programmatic approved by OES  FHWA non-objection for de minimis  Individual impacts/use  Draft of D2 CE provided to FHWA for review along with the Individual 4(f) documentation package Section 4(f) Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Any disproportionately high and adverse impacts on low-income and/or minority populations  Quantitative PM 2.5 Hotspot Analysis  Quantitative MSAT Analysis  Unresolved substantial public or agency controversy on environmental grounds  Substantial/significant floodplain impact D2’s Cannot Involve… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

D3 Thresholds

 If FHWA has an interest for environmental reasons or the project exceeds D2 thresholds, the CE will require review/approval by FHWA  OES may request FHWA to review and approve a CE by providing FHWA with project and environmental analysis documentation  Requires certification that project meets CE criteria It Depends… Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

CE Preparation

 All agency coordination letters must be included for review and approval purposes  Includes OES concurrence/coordination  Technical documents summarized in remarks  Part of the Project File  ESA, Ecological Reports, Cultural Reports  Mapping, ROW plan sheets, photographs, etc.  All decision-making type documents Preparation Managing the Environmental & Project Development Process Presented 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 Process Presented by the Ohio Department of Transportation

Re-Evaluations

 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 Process Presented 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 (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 Process Presented 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 Process Presented 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 Process Presented 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 Process Presented by the Ohio Department of Transportation

Online CE

 External users register through MyODOT  Internal users contact OES to gain access It’s Electric! Managing the Environmental & Project Development Process Presented 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/reports that require revisions based on OES/FHWA review can be checked-out and checked-in Project File Tab Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Lists Districts, LPAs, and Consultants  District Primary Reviewer  ODOT Project Manager  District Staff  Primary Form Preparers Form Adminstration Tab Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Document Level  Select the level of CE or EA/EIS  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 Process Presented by the Ohio Department of Transportation

 Purpose & Need  Alternatives  Permits Tab includes Waterways, Floodplains, Stormwater and Landfills  Each tab can generate tables to list commitments  Select tabs can generate tables to record impacts to individual resources/properties  Wetlands, streams, 4(f) Resource Tabs Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

 Remarks discussion includes:  Results of secondary source review and field investigations  Anticipated or known level of impacts  Resources not directly impacted, but are within proposed project area  Anticipated public and agency involvement  Agency correspondence/concurrence Resource Tabs Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation

Erica L. Schneider, AEA-OES Policy Kevin E. Davis, Supervisor-OES Policy Contacts Managing the Environmental & Project Development Process Presented by the Ohio Department of Transportation