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Published bySarah Blair Modified over 9 years ago
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GENERAL INFORMATION FOR ODOT ENVIRONMENTAL SITE ASSESSMENT INVESTIGATIONS
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When are ESA investigations needed? Acquisition of ROW ◦ Permanent ROW ◦ Temporary ROW ◦ Easement And/or Deep excavation ◦ ≥ 4 feet No ROW and no deep excavation, no ESA!
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Purpose of ESA Investigations CERCLA Due Diligence OperatorOwner Due Care
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All ESA Investigations Actively Look for Impacts to Project
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Who is Using of ESA Investigations at ODOT Ownership Issues Operator Issues ESA Investigations Real Estate Chief Legal Attorney General Environmental Construction Environmental
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Who Reads ESA Reports? The Public Contractors Judges Juries Lawyer ESA Reports are Public Documents Shouldn’t be marked “Client/Attorney Privilege” Or “Confidential”
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What is a Subject Site? ◦ The total assemblage of adjoining and/or contiguous property owned by a single entity ◦ Subject Site & Subject Property used interchangeably at ODOT ◦ ESA discussions are for the entire site as defined by ODOT Don’t split into discussion by the portion to be acquired for the project and the rest of the site
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Site Identification Use ODOT ID Number if available Assign number to each site (Site 1, Site 2) ◦ Don’t use auditor number List current site tenant and the address used ◦ Site 12, Joe’s Donut Store, 99 W. Main St. Keep same ESA Site ID for all ESA investigations
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Site Map Using Auditor Numbers
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Site Map with Site Numbers
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Subject Site Access ODOT has Right of Entry for project as per ORC §163.03 and ORC §5517.01 Includes ODOT’s Consultants If there problems with site access, contact DEC Do NOT sign an access agreement with property owner ORC provides access with or without owner approval ODOT prohibited from providing indemnification ODOT cannot restrict report access ODOT doesn’t require permission to access/copy reports
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Report Submittal All reports must have a signature page All reports are to be submitted to the CE On-line file ◦ Environmental Assessments and Environmental Impact Statements may have a CE file created to capture all of the documentation If there’s no CE project file, must deliver at least 2 hard copies to ODOT, 1 For District, 1 For OES
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QUESTIONS?
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