NEW PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT A WORK IN PROGRESS… ODOT—Office of Environmental Services Environmental Update Meeting20 November QUESTIONS TO:

Revised CE Programmatic Agreement:  Will incorporate changes in MAP-21  New CEs  Renamed CE categories  Exempt through CE 4  C1-D3 PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT

Revised CE Programmatic Agreement:  New look  Reorganized agreement  Moved project types and impact thresholds to Appendices  Simplify signature process at districts  Focus on impacts PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT

NEW CE PA—DOCUMENTATION LEVELS  C-list  C1—current C-list and ODOT’s “Exempt” list  C2—New CEs  D-list: based on impacts  D1  D2  D3 *Note: the New CE PA is still draft and information in this presentation is subject to change

CE LEVELS—C1  No documentation or further NEPA approval required in accordance with 23 CFR (c)  No significant impacts  Impact thresholds included in agreement  A certain amount of due diligence is required to ensure no environmental impacts  Standard stand-alone transportation activities (generally maintenance)  New agreement will eliminate “Exempt” and replace with C1—no change in documentation required—still a one page electronic form with check-boxes

CE LEVELS—C1  Similar to old “Exempt” list but tied more to regulatory language.  Included old list under headings from 23 CFR (c)  Also added “Other project types” based on our experience

CE LEVELS—C1 IMPACT THRESHOLDS Cannot Involve:  New right-of-way  National Scenic River corridor impacts  Waterway Permits  Impacts to state or federally threatened or endangered species

CE LEVELS—C1 IMPACT THRESHOLDS Cannot Involve:  Impacts to wetlands  Impacts to historic properties or historic districts  Section 4(f)/6(f) impacts  Substantial traffic disruption  Minor public controversy when all issues have been addressed

CE LEVELS—C2  New CE PA will add C2 (new CEs under MAP-21)  Focus on specific environmental areas  No need for full CE form if meet criteria  Environmental Verification Form

CE LEVELS—C2  New CEs from MAP-21  Emergency projects (C9)  Projects within operational right-of-way (C22)  Projects with limited federal funding (C23)  Localized geotech for preliminary design (C24)  Environmental restoration and pollution abatement (C25)

CE LEVELS—C2  New CEs from MAP-21  Purchase, etc. of ferry vessels (C29)  Rehab/reconstruction of ferry facilities (C30)  Modernization of highway (C26) (moved from D-list)  Highway safety or traffic operations improvement (C27) (moved from D-list)  Bridge rehabilitation, etc. and grade separations (C28) (moved from D-list)

CE LEVEL—C2 IMPACT THRESHOLDS Cannot involve:  Acquisition of more than minor amount of right-of-way. No relocations.  Coast Guard bridge permit  Individual Corps permit.  Adverse effect on Historic Properties  Section 4(f) use higher than de minimis  “May affect, likely to adversely affect” finding for T&E species or critical habitat.

CE LEVEL—C2 IMPACT THRESHOLDS Cannot involve:  Construction of temporary access or closure that would result in major traffic disruption or substantial environmental impacts.  Change in access control.  Floodplain encroachment other than for functionally dependent uses or actions that facilitate open space use  Construction activities in, across, or adjacent to a National Scenic River.  Any other environmental impacts that could elevate the level of coordination

CE LEVEL—C2 IMPACT THRESHOLDS  Complete Public Involvement and Environmental Justice analysis per ODOT’s guidance

 D-list meets the intent of 23 CFR (d)  No project types  Level is based on impacts  New CE PA will eliminate CE 1-4 and replace with D1-3 (D-list)  Require CE form CE LEVELS—D

CE LEVEL—D1 IMPACT THRESHOLDS  Only minor right-of-way acquisition involving a maximum of two relocations  Waterways:  Individual permit is acceptable but…  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 wetlands

CE LEVEL—D1 IMPACT THRESHOLDS  No Section 106 impacts warranting Archaeological Data Recovery recommendations  No Individual Section 4(f)  No public or agency controversies on environmental grounds (no opposition from organized groups or agencies and no unresolved environmental coordination).  No impacts to federally-listed T&E species/critical habitat resulting in a Biological Opinion

CE LEVEL—D1 IMPACT THRESHOLDS  No disproportionately high and adverse impacts relative to environmental justice  No substantial floodplain impacts  Contact ODOT-OES for additional guidance if a Coast Guard Permit is required

CE LEVEL—D2 IMPACT THRESHOLDS  No disproportionately high and adverse impacts relative to environmental justice  No Quantitative PM 2.5 Hotspot Analysis required  No Quantitative MSAT Analysis required  No unresolved substantial public or agency controversy on environmental grounds

CE LEVEL—D3 THRESHOLDS If FHWA has an interest in the project for environmental reasons or if the project exceeds the thresholds listed in this agreement but still meets the intent of 23 CFR (d), the CE will require the review and approval by FHWA.

DOCUMENTATION RECAP  C1 Projects:  One page form on Online CE System  C2 Projects:  Environmental Verification Form (will be incorporated into Online CE System)  D1-3 Projects:  Full CE form on Online CE System

ODOT’S ENVIRONMENTAL PROCESS IN THE (MAP) 21 ST CENTURY Questions ?

CONTACT INFORMATION Erica L. Schneider Assistant Environmental Administrator Policy and Cultural Resources