1. Categorical Exclusion Training Class
Presented by the
Office of Environmental Services
September 25-26, 2018
Categorical Exclusion Training Class – Presented by the Office of Environmental Services

2. What’s in it for You? Pre-Qualification
Enhance project management awareness
Peer interaction
Share experiences
Ask questions
[2] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

3. Learning Objectives Interpret existing regulations and policies
Define and describe ODOT’s CE process
Differentiate CE classification levels
Recognize how to document decision-making
Learn how to use EnviroNet
ODOT’s Environmental Documentation System
EnviroNet – ODOT’s Online Environmental Documentation System
[3] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

4. Agenda Laws, Regulations and Policies CE Guidance Re-Evaluations
NEPA Disciplines/EnviroNet
Purpose & Need
Alternatives
Air and Noise
ESA
Cultural Resources
Ecological
Section 4(f) and Section 6(f)
Environmental Justice
Public Involvement
Permits
[4] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

5. Introductions Thanks for coming! Name Firm/Agency
Experience (Environmental/CE)
Class Expectations
Thanks for coming!
[5] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

6. Why We Do What We Do…

7. Law and Regulations National Environmental Policy Act of 1969 NEPA
40 CFR
Council on Environmental Quality (CEQ)
23 CFR
FHWA
[7] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

8. NEPA
Requires federal agencies to determine if proposed actions will result in significant impacts
Identify and assess reasonable alternatives
Avoid or minimize adverse effects
Instituted an interdisciplinary approach to project planning and decision-making
Established CEQ
Required all Federal agencies to develop implementing regulations
[8] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

9. CEQ Established by Congress as part of NEPA
Executive Office of the POTUS
Additional responsibilities provided by the Environmental Quality Improvement Act of 1970
Coordinates Federal environmental efforts
Works closely with agencies in the development of environmental policies and initiatives
The CEQ produces an annual report for the president on the state of the environment, oversees federal agency implementation of environmental impact assessments, and acts as a referee when agencies disagree over the adequacy of such assessments. NEPA tasks CEQ with ensuring that federal agencies meet their obligations under the Act, granting the body a significant role in environmental protection. Through inter-agency working groups and coordination with other EOP bodies, CEQ also works to advance the president's agenda on the environment, natural resources, and energy.
[9] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

10. How is Significance Defined?
Defined in CEQ regulations
A function of both context and intensity
Context = The significance of an action must be analyzed in several contexts such as society, interests, setting, etc.
Intensity = The severity of impact
[10] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

11. FHWA Regulations 23 CFR 771 - Environmental Impact
– Classes of Action
– FHWA Categorical Exclusions
[11] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

12. Environmental Impact/Related Procedures
FHWA Policy
Environmental Impact/Related Procedures
Environmental coordinated as a single process
The NEPA Umbrella
Decisions made in the best interest of the public
Balance transportation needs with:
Social, economic, and environmental impacts
National, state and local environmental protection goals
[12] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

13. Public Involvement is Essential!!
FHWA Policy
Public Involvement is Essential!!
Incorporate measures to mitigate adverse impacts
[13] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

14. Civil Rights Are Important!
FHWA Policy
Civil Rights Are Important!
Do not exclude any person, because of handicap, age, race, color, sex, or national origin from participating in, or deny benefits of, or be subject to discrimination under any Administration program or procedural activity required by or developed pursuant to this regulation (Title VI)
Environmental Justice
[14] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

15. NEPA-CE Relationship
Must demonstrate specific conditions are satisfied
Significant environmental impacts will not result
Documentation supports decision-making process
Level of analysis commensurate with the potential for adverse environmental impacts
[15] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

16. NEPA-CE Relationship
Actions that do not individually or cumulatively have a significant impact upon the natural/human environment
C-List ( [c])
No further NEPA approval required
D-List ( [d])
May be designated as a CE after approval
[16] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

17. 23 CFR 771.117(a) Actions meet 40 CFR 1508.4
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
[17] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

18. 23 CFR (b)
Unusual circumstances require proper environmental studies to determine if 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
[18] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

19. 23 CFR 771.117(c) Actions meet CE criteria in accordance with:
40 CFR (CEQ)
In Ohio, categorized as two levels
C1 and C2
[19] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

20. 23 CFR 771.117(d) Actions meet CE criteria in accordance with:
40 CFR (CEQ)
In Ohio, categorized as three levels
D1, D2, and D3
[20] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

21. FHWA Technical Advisory T6640.8A
A guide to identify actions that may be a CE
Actions that meet (a) may be classified a CE
Even if not listed in (d)
Must demonstrate the proposed action will not result in significant impacts
[21] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

22. ODOT’s CE Process

23. NEPA Assignment
ODOT assumed FHWA NEPA responsibilities on December 28, 2015
ODOT responsible for determining classes of action and approving CE’s, EA’s, and EIS’s
Except for projects that cross state lines
Programmatic CE Agreement null and void
ODOT NEPA Assignment CE Guidance
The Ohio Rail Development Commission (ORDC) is a state agency within ODOT that undertakes transportation projects using federal funding received under the Federal-aid Highway Program. When ODOT is cited in this document, it shall be deemed to include the ORDC in terms of responsibilities and obligations in processing CEs involving FHWA funded projects.
[23] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

24. CE Guidance Illustrates ODOT’s process for completing CE’s
Illustrates ODOT’s process for completing CE’s
Assures compliance with all applicable federal environmental laws and regulations
Establishes a consistent documentation process
Legally defensible
Concise and easy to follow
Reduces paperwork and processing time
Enables appropriate decision-making
The Ohio Rail Development Commission (ORDC) is a state agency within ODOT that undertakes transportation projects using federal funding received under the Federal-aid Highway Program. When ODOT is cited in this document, it shall be deemed to include the ORDC in terms of responsibilities and obligations in processing CEs involving FHWA funded projects.
[24] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

25. CE Guidance All CE’s classified as “C” or “D” 771.117(c) and (d)
Level based on type of action and impacts
C1, C2, D1, D2, D3
Approval process and documentation facilitated through EnviroNet
The Ohio Rail Development Commission (ORDC) is a state agency within ODOT that undertakes transportation projects using federal funding received under the Federal-aid Highway Program. When ODOT is cited in this document, it shall be deemed to include the ORDC in terms of responsibilities and obligations in processing CEs involving FHWA funded projects.
[25] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

26. Determination Authority
C1, C2, and D1
District Environmental Coordinator (DEC)
ORDC Environmental Coordinator
D2 and D3
ODOT-OES
[26] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

27. C1 Project Types

28. Definition Project types listed in Appendix A of CE Guidance
No significant impacts
Do not exceed established thresholds
Stand-alone transportation activities
Independent utility and logical termini
Meets the intent of (a) and (c)
Minimal documentation needed for Cultural Resources, Ecological, and Regulated Material Review based on existing PA/MOA or guidance/regulations
[28] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

29. C1
Activities which do not involve or lead directly to construction, such as planning and technical studies; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and Federal-aid system revisions which establish classes of highways on the Federal-aid highway system
Study type projects
Land donations to ODOT associated with ROW permits (RMR issues require coordination)
Early ROW acquistion (23 CFR [e])
Such as planning and technical studies; grants for training; engineering to define the elements of a proposed action or alternatives so that social, economic, and environmental effects can be assessed; and Federal-aid system revisions which establish classes of highways on the Federal-aid highway system.
(Asterisk) The state funded examples added for state administrative purposes only. Its inclusion in this list of examples does not mean that the action is a major Federal action subject to NEPA. It has been added to illustrate to State practitioners that this type of State-only action is similar to the type of actions associated with this CE. Environmental Site Assessment issues require coordination with ODOT-OES for state-funded actions only
[29] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

30. C1
Approval of utility installations along or across a transportation facility
Tower lighting and street lighting projects
Construction of bicycle and pedestrian lanes, paths, and facilities
Walkways, sidewalks, shared-use paths and facilities, and small passenger shelters provided no new disturbance will occur
Bike path on existing rail bed
Bike lanes on paved shoulders
(3) (i.e. construction of a bike path on an existing railroad bed, designations of certain highways as bike routes, painting of existing paved shoulders as bike lanes, ADA ramps, etc.)
[30] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

31. C1
(4) Activities included in the State's "highway safety plan" under 23 U.S.C. 402
Transfer of Federal lands pursuant to 23 U.S.C. 107(d) and/or 23 U.S.C. 317 when transfer supports an action not subject to review under NEPA
(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
[31] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

32. C1 (7) Landscaping Herbicidal spraying
Mowing or brush removal/trimming projects
Beautification or facility improvement projects
[32] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

33. C1
(8) Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur
Installation or maintenance of signs, raised pavement markers/sensors, traffic calming activities, and/or new or replacement fencing
General pavement marking or “line painting”
[33] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

34. C1
(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
(A) Occurs within the existing right-of-way and in a manner that substantially conforms to the preexisting design, function, and location as the original (which may include upgrades to meet existing codes and standards as well as upgrades warranted to address conditions that have changed since the original construction); and
(B) Is commenced within a 2-year period beginning on the date of the declaration.
[34] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

35. C1 (10) Acquisition of scenic easements
Conservation/mitigation easements/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
[35] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

36. C1 (12) Improvements to existing rest areas and truck weigh stations
Improvements for minor maintenance
Mill and resurfacing of parking areas, etc.
Projects involving major construction may require a higher level of documentation
Truck stop electrification and construction/installation of alternative energy amenities at existing facilities
(12) – First bullet – eg. Mill and resurfacing of existing parking areas – Second bullet e.g. CNG, solar, etc.
[36] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

37. C1 (13) Ridesharing activities
Transportation corridor fringe parking facilities, park-and-ride lots and ridesharing activities
Bus and rail car rehabilitation
Alterations to facilities or vehicles to make them accessible for elderly and handicapped persons
[37] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

38. C1
(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
The purchase of vehicles where the use 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
[38] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

39. C1
Track and railbed maintenance and improvements when carried out within the existing right-of-way
Track and railbed acquisition
Purchase and installation of operating or maintenance equipment to be located within the transit facility
No significant impacts off site
[39] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

40. C1 (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
Replacement or installation of traffic signals, flashing beacons, railroad warning devices
Upgrade of existing tower lighting
(21) Examples include, but are not limited to, traffic control and detector devices, lane management systems, electronic payment equipment, automatic vehicle locaters, automated passenger counters, computer-aided dispatching systems, radio communications systems, dynamic message signs, and security equipment including surveillance and detection cameras on roadways and in transit facilities and on buses. Examples include:
Replacement of existing or installation of new traffic signals, flashing beacons, railroad warning devices and the installation of ITS system components
Upgrade of existing tower lighting to new technologies that ensure a lesser impact than the current system.
Implementation of other new safety or operations technologies (must be approved by OES).
[40] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

41. C1
(22) Projects, as defined in 23 U.S.C. 101, that take place entirely within existing operational ROW (23) Projects that receive less than $5,179, of Federal funds or with a total estimated cost of not more than $31,077, and with Federal funds that comprise less than 15 percent of the total estimated project cost
(22) Existing operational right-of-way refers to right-of-way that has been disturbed for an existing transportation facility or is maintained for a transportation purpose. This area includes the features associated with the physical footprint of the transportation facility (including the roadway, bridges, interchanges, culverts, drainage, fixed guideways, mitigation areas, etc.) and other areas maintained for transportation purposes such as clear zone, traffic control signage, landscaping, any rest areas with direct access to a controlled access highway, areas maintained for safety and security of a transportation facility, parking facilities with direct access to an existing transportation facility, transit power substations, transit venting structures, and transit maintenance facilities. Portions of the right-of-way that have not been disturbed or that are not maintained for transportation purposes are not in the existing operational right-of-way. Examples include:
• Tower lighting within the existing operational right-of-way.
• Guardrail installation and replacement (including median cable barriers) where roadway ditches and backslopes will not be relocated
• Improvements to existing ODOT/County maintenance facilities.
• Construction of new ODOT/County maintenance facilities within existing operational right-of-way.
• Environmental mitigation activities within existing operational right-of-way.
• Work on pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals within existing operational right-of-way.
• Construction of alternative energy facilities (fuel tank farms, wind turbines, etc.)
(23) Section 1314 of the FAST Act directed FHWA and FTA to amend the provision for “Categorical Exclusions for Projects of Limited Federal Assistance” to adjust the monetary limits annually for inflation based on the Consumer Price Index prepared by the Department of Labor.
[41] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

42. C1
Localized geotechnical and other investigations to provide information for preliminary design and for environmental analyses and permitting purposes, such as:
Drilling test bores for soil sampling
Archaeological investigations for resource assessment or similar survey
Wetland surveys
This item number only applies to stand alone projects, not for surveys being conducted as part of a project with an environmental document
[42] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

43. C1
(25) Environmental restoration and pollution abatement actions to minimize or mitigate the impacts of any existing transportation facility carried out to address water pollution or environmental degradation
Related environmental mitigation activities (wetland, stream, upland, etc.)
(including retrofitting and construction of stormwater treatment systems to meet Federal and State requirements under sections 401 and 402 of the Federal Water Pollution Control Act (33 U.S.C. 1341; 1342))
[43] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

44. C1
(26) thru (28) Per 23 CFR 771(c)(26)-(28) and MAP-21, these items CANNOT be processed as a C1
See C2 list in Appendix B
(29) Purchase, construction, replacement, or rehabilitation of ferry vessels that would not require a change in the function of the ferry terminals and can be accommodated by existing facilities or by new facilities which themselves are within a CE
(including improvements to ferry vessel safety, navigation, and security systems)
[44] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

45. C1
Rehabilitation or reconstruction of existing ferry facilities that occupy the same geographic footprint, do not result in a change in their functional use, and do not result in a substantial increase in the existing facility’s capacity
Pedestrian and vehicle transfer structures and associated utilities, buildings, and terminals
(31) Activities that do not utilize federal monies or require federal actions
[45] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

46. C1 Project Impact Thresholds

47. Not a C1 if… A project involves any of the following:
Acquisition of permanent ROW for construction
National Scenic River corridor impacts
Waterway Permits
Impacts to Threatened & Endangered Species
Wetland impacts
Impacts to historic properties or historic districts
Impacts to Section 4(f)/6(f) properties
Substantial traffic disruption
Minor public or agency controversy on env. grounds
All C1 projects must occur within existing right-of-way with the exception of work agreements.
Substantial traffic disruption, including the use of a temporary road, detour or ramp closure unless the use of such facilities satisfy the following conditions:
O Provisions are made for access by local traffic and so posted;
O Through-traffic dependent businesses will not be adversely affected;
O The detour or ramp closure, to the extent possible, will not interfere with any local special event or festival;
O The temporary road, detour or ramp closure does not substantially change the environmental consequences of the action;
O There is no substantial controversy associated with the temporary road, detour, or ramp closure
Minor public or agency controversy on environmental grounds (no opposition from any organized groups or agencies and no unresolved environmental coordination).
[47] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

48. C1 Threshold Exception Acquisition of permanent ROW for construction
Early right-of-way acquisition conducted in accordance with 23 CFR (e) (see Item #1) and when an environmental document is being prepared for the project for which the early acquisition is being performed
All C1 projects must occur within existing right-of-way with the exception of work agreements.
Substantial traffic disruption, including the use of a temporary road, detour or ramp closure unless the use of such facilities satisfy the following conditions:
O Provisions are made for access by local traffic and so posted;
O Through-traffic dependent businesses will not be adversely affected;
O The detour or ramp closure, to the extent possible, will not interfere with any local special event or festival;
O The temporary road, detour or ramp closure does not substantially change the environmental consequences of the action;
O There is no substantial controversy associated with the temporary road, detour, or ramp closure
Minor public or agency controversy on environmental grounds (no opposition from any organized groups or agencies and no unresolved environmental coordination).
[48] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

49. C1 Clarification – Cultural Resources
Impacts to historic properties or historic districts
For projects that meet Appendix A of the Section 106 PA, a map showing the results of the SHPO GIS search is required to be uploaded to the project file (select Records Check for name)
For district or county wide projects that involve numerous locations, the CE preparer must include a statement in the project description: “District environmental staff accessed the SHPO GIS database on (insert date) and in accordance with Appendix A of the Section 106 PA executed November 8, 2017, the project will not impact historic properties or historic districts.”
All C1 projects must occur within existing right-of-way with the exception of work agreements.
Substantial traffic disruption, including the use of a temporary road, detour or ramp closure unless the use of such facilities satisfy the following conditions:
O Provisions are made for access by local traffic and so posted;
O Through-traffic dependent businesses will not be adversely affected;
O The detour or ramp closure, to the extent possible, will not interfere with any local special event or festival;
O The temporary road, detour or ramp closure does not substantially change the environmental consequences of the action;
O There is no substantial controversy associated with the temporary road, detour, or ramp closure
Minor public or agency controversy on environmental grounds (no opposition from any organized groups or agencies and no unresolved environmental coordination).
[49] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

50. C2 Project Types

51. Definition Do not result in significant impacts
Meet the intent of (a), (c) and (d)
Satisfy criteria for CE Classification
Illustrate independent utility and logical termini
Require a minimum level of documentation to ensure no unusual circumstances exist
Do not exceed constraints listed at (e)
[51] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

52. Definition
Actions that exceed C1 impact thresholds can be processed as a C2 only if they meet C2 criteria and do not exceed C2 impact thresholds
Actions that do not meet C2 criteria shall be processed at the next appropriate higher level
D listed projects
These type of projects are confirmed to meet C2 criteria by DEC or ORDC EC
[52] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

53. C2
Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding shoulders, or adding auxiliary lanes (including parking, weaving, turning, and climbing lanes)
Joint or limited use of ROW where proposed use would have minimal or no adverse social, economic or environmental impacts
Installation of new noise walls and other new noise mitigation projects
Highway safety and truck escape ramps
(including parking, weaving, turning, and climbing lanes),
[53] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

54. C2
(26) cont’d
Bicycle lanes and pedestrian walkways, sidewalks, shared-use paths, or facilities and trailhead parking that do not qualify as a C1
Beautification or facility improvement projects
Landscaping
Curb and gutter installation and replacement
ADA/curb ramps
Park benches
Decorative lighting
Construction of alternative energy facilities
Fuel tank farms, wind turbines, etc.
(including parking, weaving, turning, and climbing lanes),
[54] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

55. C2
(27) Highway safety or traffic operations improvement projects, including the installation of ramp metering control devices and lighting
Lane reduction (“road diet”) changes provided traffic analysis is completed
Railroad projects that close at-grade crossings to improve safety or traffic operations
(including parking, weaving, turning, and climbing lanes),
[55] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

56. C2
(28) Bridge rehabilitation, reconstruction, or replacement or construction of a grade separation to replace at-grade rail crossings
Closure or relocation of at-grade rail crossings
(including parking, weaving, turning, and climbing lanes),
[56] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

57. C2 Project Impact Thresholds

58. Not a C2 if… A project involves any of the following:
Acquisition of more than a minor amount of ROW
Residential or non-residential displacements
US Coast Guard or Individual Section 404 Permit
An “adverse effect” finding to any historic property
Section 4(f) determination greater than de minimis
A “May Affect, Likely to Adversely Affect” finding to threatened or endangered species or critical habitat
Projects cannot exceed these Constraints:
[58] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

59. Not a C2 if…
Temporary access/closure of an existing road, bridge, or ramps that results in major traffic disruptions
Changes in access control
Floodplain encroachment other than functionally dependent uses or open space use
Construction activities in, across, or adjacent to a river component designated or proposed for inclusion in the National Systems of Wild and Scenic Rivers
Minor public or agency controversy
No opposition from organized groups
No unresolved environmental coordination
Floodplains – functionally dependent uses (e.g. bridges, wetlands) and open space (e.g. recreational trails, bicycle and pedestrian paths)
[59] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

60. Additional Considerations
ODOT will also consider the following areas:
Air Quality and Noise
Regulated Material Review
Farmland
Documentation of these areas is only required if there is a potential for impacts based on studies conducted
Air Quality and Noise studies not required or no impacts will occur based on studies and coordination
Regulated Material Review limited to solid wastes (OAC (R)(23)) and petroleum related Underground Storage Tanks (USTs) and/or releases
Farmland MOU criteria not exceeded
The following areas are considered for C2 projects. Documentation only required if there is a potential for impacts
[60] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

61. C2 Clarifications
For most projects that use Appendix A of the Section 106 PA, a map showing the results of the SHPO GIS search is required to be included in the project file. However, for districtwide or countywide projects that involve numerous locations (e.g. culvert replacements, signal upgrades, road striping, etc.), the environmental document preparer must include a statement in the project description that reads:
“District environmental staff accessed the SHPO GIS database on XXXX (date) and in accordance with Appendix A of the Section 106 PA executed November 8, 2017, the project will not impact historic properties or historic districts.”
The following areas are considered for C2 projects. Documentation only required if there is a potential for impacts
[61] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

62. C2 Clarifications
If the project is an Emergency (ER) project as defined in 23 CFR (c)(9) and will result in a finding of “may affect, likely to adversely affect” T&E species, the project may be cleared as a C2 level project providing all appropriate agency coordination has been completed
The following areas are considered for C2 projects. Documentation only required if there is a potential for impacts
[61] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

63. D1, D2 and D3 Project Types

64. Definition Do not involve significant impacts
Meet the intent of (d)
Satisfy criteria for CE classification
Require documentation to demonstrate specific conditions or criteria are satisfied
[64] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

65. D-Listed Actions (1)-(3) [Reserved]
(4) Transportation corridor fringe parking facilities
(5) Construction of new weigh stations or rest areas
Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where the proposed use does not have significant adverse impacts
DExROW Tab in EnviroNet facilitates this action
(7) Approvals for changes in access control
[65] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

66. D-Listed Actions
(8) Construction of new bus storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and located on or near a street with adequate capacity to handle anticipated bus and support vehicle traffic
Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where only minor amounts of additional land are required and there is not a substantial increase in the number of users
[66] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

67. D-Listed Actions
(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
(11) Construction of rail storage and maintenance facilities in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no significant noise impact on the surrounding community
10. Bus transfer facilities - an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements)
[67] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

68. D-Listed Actions
Acquisition of land for hardship or protective purposes
Hardship and protective buying is permitted to a particular parcel or a limited number of parcels
Acquisitions qualify for a CE only where acquisition will not limit the evaluation of alternatives, including shifts in alignment for planned construction projects, which may be required in the NEPA process
No project development on such land may proceed until the NEPA process has been completed.
(i) Hardship acquisition is early acquisition of property by the applicant at the property owner's request to alleviate particular hardship to the owner, in contrast to others, because of an inability to sell his property. This is justified when the property owner can document on the basis of health, safety or financial reasons that remaining in the property poses an undue hardship compared to others.
(ii) Protective acquisition is done to prevent imminent development of a parcel which may be needed for a proposed transportation corridor or site. Documentation must clearly demonstrate that development of the land would preclude future transportation use and that such development is imminent. Advance acquisition is not permitted for the sole purpose of reducing the cost of property for a proposed project.
Examples include:
• ROW acquisition only for bikeway/pedestrian facility (no construction
[68] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

69. D-Listed Actions Projects that exceed thresholds in Appendix A
(13) Actions described in (c)(26), (c)(27), and (c)(28) that DO NOT meet the constraints listed in (e)
Projects that exceed thresholds in Appendix A
Projects that exceed thresholds in Appendix B
[69] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

70. D1 Project Impact Thresholds
The DEC shall confirm that the project meets the criteria of a D1 action by ensuring:

71. Right-of-Way Minor acquisition involving a maximum of two relocations
Context and intensity of impacts may require elevation to the next appropriate higher level
DEC confirms no significant impacts will occur
The project does not propose the addition of a new interchange at an existing overpass/underpass
[71] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

72. Waterways, Section 106, and 4(f)
Individual Permit acceptable
Wetland impacts must be limited to less than 3 acres of Category 1 and 2 wetlands and/or up to 0.5 acres of Category 3
Section 106 impacts do not warrant preparation of Archaeological Data Recovery recommendations
Section 4(f) impacts limited to Programmatic Evaluations or de minimis
[72] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

73. PI, T&E, and EJ
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 - no opposition from organized groups or agencies and no unresolved environmental coordination
[73] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

74. Floodplains and USCG Permit
No substantial floodplain impacts
If Coast Guard Permit required contact ODOT-OES for 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
[74] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

75. D2 Project Impact Thresholds
It shall be confirmed by ODOT-OES that the project meets the criteria of a D2 action. The CE must include documentation demonstrating that the following concerns have been addressed.

76. Right-of-Way 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
[76] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

77. Section 106, Wetlands, and PI
Section 106 impacts
Necessary documentation of consultation included in the project file as required by 36 CFR Part 800
Wetland impacts of five acres or less
Enough information to issue a wetland finding
Substantial public or agency controversy on environmental grounds
PI is strong opposition from organized groups or agencies. CE document must include documentation demonstrating that the public or agency concerns have been addressed
[77] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

78. Section 4(f) Programmatic Evaluation or de minimis impacts
OES issues determination
Individual
Can be submitted as part of D2 CE review
[78] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

79. D2's Cannot Involve…
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
[79] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

80. D3 Project Impact Thresholds
It shall be confirmed by ODOT-OES that the project meets the criteria of a D2 action. The CE must include documentation demonstrating that the following concerns have been addressed.

81. It Depends…
If D2 thresholds exceeded, but meets 23 CFR (d), ODOT-OES review/approval is required
First bullet – Must still meet the intent of 23 CFR (d)
Second bullet - For actions that meet the intent of 23 CFR (d) but that are not specifically listed above….
[81] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

82. ODOT’s Environmental Documentation System

83. Access External users register through MyODOT
If initial registration was for another ODOT application, contact OES for access
ODOT personnel contacts OES for access
If you currently have a MyODOT account, but did not initially request Online CE, send to Kevin Davis
[83] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

84. Project File All documentation uploaded electronically
All reports initially uploaded as DRAFT documents
Body of report in Word
Appendices in PDF
Photographs, mapping, IOC’s, coordination letters, etc., can be PDF’s and marked FINAL
Enter approved/completed date when marked Final
Documents are checked-out and checked-in to facilitate review and tracking of comments/revisions
Unsure how this works? Contact OES Policy!!
Avoids duplication/versioning of documents
All decision-making documents – anything that would have gone in the paper file goes into the electronic file also
[84] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

85. Form Adminstration List appropriate ODOT/LPA/Consultant Staff
District Primary Reviewer
ODOT Project Manager
District and OES Staff
Local Agency and Consultant PM
Primary Form Preparer
Supporting Staff
[85] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

86. Document Level Identifies the appropriate document level C1, C2
D1, D2, D3
EA and EIS
Project Type displays for D-listed projects
Displays items listed in CE Guidance
[86] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

87. Project Details Tab Tracks relevant environmental project milestones
EnviroNet integrated with Ellis
Specific dates are populated to and from Ellis
[87] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

88. Project Details Tab
[88] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

89. Preparation Stand-alone documents
Results of environmental/technical studies are summarized in the remarks portion of the CE
All impacts, regardless of CE Level, must be assessed for context and intensity
[89] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

90. Resource Tabs General Includes relevant project information
Roadway and Bridge Design Criteria
Maintenance of Traffic
Right-of-way and Utility Involvement
Purpose & Need format built-in
Alternatives format follows PDP
Floodplains, Stormwater and Landfills are in Permits
Select tabs have tables to record impacts to individual resources/properties
Wetlands, streams, Section 4(f)
Each tab has tables to list environmental commitments
[90] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

91. Resource Tabs As part of remarks discussion, include:
Literature review and field investigations results
Include date completed/conducted
Firm or agency that completed/conducted
Anticipated level of impacts
Identify resources present, but not impacted
Anticipated public and/or agency involvement
Coordination/correspondence and any issues resolved based on agency concerns
[91] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

92. Resource Remarks
Consider impacts to environmental resources and associated consequences
Discuss analyses of resources and anticipated:
Impacts upon environmental resources
Public and agency involvement
Permits required
Avoidance or mitigation measures
Environmental Commitments
[92] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

93. Resource Remarks Outline how a specific resource was addressed
Agency correspondence
How issues were resolved
Associated data, studies, technical reports
Upload to project file
[93] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

94. Re-Evaluations

95. 23 CFR
Conducted when the project scope and/or impacts change after environmental document last 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
This does NOT apply to CE or EA actions
[95] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

96. Guidance
Environmental studies more than five years old may require agency re-coordination and/or new studies
40 CFR (c)(1)(i)
Significant changes require impacts to be addressed
Depending on complexity, an Administrative, Supplemental, or Full re-evaluation may be used
Same review and approval process
[96] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

97. 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
Address current status of the entire project, but focus on the current phase
Also consider:
What has happened on entire project to date (including prior construction phases)
What will follow (future construction phases)
What or how changes to the project or impacts will affect current phase (and potentially future phases if that information is known)
[97] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

98. OES Policy Contacts Erica L. Schneider, Assistant Env. Administratoror
Kevin E. Davis, Supervisor or
Doug App, Document Review Coordinator or
Veronica Trecazzi, Document Review Coordinator or
[98] Categorical Exclusion Training Class – Presented by the Office of Environmental Services