1. Waterway
Permits
Categorical Exclusion Training Class – Presented by the Office of Environmental Services

2. Waterway Permitting Process
The Waterway Permit Unit (WPU) is responsible for facilitating the waterway permitting process
Evaluate the district’s Permit Determination Request
Issue the OES Permit Determination
Coordinate waterway permit applications between the regulatory agencies, district, and consultant
Negotiate permit conditions and mitigation proposals
[2] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

3. Waterway Permitting Process
Not all projects require a permit application, agency coordination, and wetland/stream mitigation
The details of this process are included in the NEPA document
[3] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

4. Permit Determination Request
The district (or consultant) completes the Permit Determination Request (PDR)
Requires information from the ecological survey and design details
Uploaded to EnviroNet by the district (or consultant)
Notify the district and Waterway Permit Program Manager via EnviroNet
[4] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

5. Permit Determination
OES Permit Determination completed by the Waterway Permit Unit (WPU) and identifies:
Type of permit(s) required
Mitigation requirements
Permit expiration dates and timeframes
If a permit strategy meeting is required (Individual Permits)
OES-WPU uploads to EnviroNet
[5] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

6. Waterway Permits and EnviroNet
EnviroNet  two sections addressing the waterway permitting process:
C1 and C2 Projects
The C1 Tab does not require documentation because no waters are impacted
The C2 Tab requires documentation regarding waterway impacts (if applicable)
D-listed Projects
The Permits Tab is automatically displayed
Waterway permit specific section
[6] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

7. C2 Tab - EnviroNet
For C2  multiple scenarios when answering question 5-9
Waterways: Not Present
No additional boxes will need completed
Waterways: Present; No Coast Guard, Individual 404, or Section 10 Permit
If higher level permits were required, the level of CE would be affected
Waterway Permit Type:
Select the type of permit based on the OES Permit Determination
- OR - Permit Determination and/or Permit Application Approval Pending
Waterway Permit Approval Date
Isolated Wetland Permit: select yes/no
Isolated Wetland Permit Approval Date
[7] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

8. C2 Tab - EnviroNet
[8] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

9. Permits Tab - EnviroNet
The Permits Tab is automatically displayed for D- listed projects
First Question  Are Waterway Permits Required?
ONLY answer if an official OES Permit Determination has been completed
The OES Permit Determination will provide all of the remaining answers
If the environmental staff is absolutely certain no waters will be impacted then it is safe to answer NO
[9] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

10. Permits Tab - EnviroNet
If “Yes” or “No” was accidentally checked prior to an OES Permit Determination:
Leave remaining unknowns blank and indicate an OES Permit Determination is pending
You cannot return to a blank field unless you reset the entire tab
You can only reset if project is “In Process”
All data is deleted (hint: cut and paste into a word document prior to using the reset feature)
[10] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

11. Permits Tab - EnviroNet
If “No” is selected, dropdowns 2-13 are hidden
Only select “No” if it is certain that waterway permits are not required or the OES Permit Determination indicates that this is the case
[11] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

12. Permits Tab - EnviroNet
If “Yes” is selected, all dropdowns are visible
Use the OES Permit Determination to answer these questions
DO NOT GUESS
[12] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

13. Permits Tab - Remarks Summarize findings of OES Permit Determination
What type of permits are necessary?
Is the project covered under a general permit?
Will waterway permit application(s) need to be submitted to the agencies for authorization?
Is wetland mitigation or stream mitigation required?
Are there additional restrictions and limitations?
Did OES-WPU provide Special Provisions or will they do so after permit authorization from the agencies?
[13] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

14. Permits Tab - Remarks
If waterway permits have been authorized, indicate which ones and cite special provisions:
Example: “Nationwide Permit #3 was authorized by the USACE. Specific conditions of the permit are found in the Waterway Permit Conditions, Special Provisions.”
If waterway permits have NOT been authorized, indicate the status:
Example: “A USACE 404 Individual Permit and OEPA 401 Water Quality Certification application were submitted in January 2018 and are currently pending authorization. No waters shall be impacted until these permits have been granted.”
[14] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

15. Environmental Commitments
Indicate the waterway permit(s) authorized for the project
If permits are pending, state that “No waters will be impacted until waterway permits have been authorized”
Other waterway-related commitments:
In-water work restrictions
Mitigation of waterway impacts
No build zones
Navigational requirements
[15] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

16. Points to Remember
The waterway permits portion of the CE can be cleared prior to an OES Permit Determination and/or permit authorization from the agencies IF the Remarks and Environmental Commitments are appropriate
Remarks indicate the progress of the permits
Environmental Commitments, at a minimum, must state that “no waters will be impacted until a 401/404 permit has been obtained”
[16] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

17. Project File Documentation may include: Permit Determination Request
OES Permit Determination
Waterway Permit
Public Notice
Mitigation Plan
Special Provisions
Follow ODOT NEPA File Management and Documentation Guidance
[17] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

18. Contact Information
Adrienne Earley - Waterway Permits Program Manager or
Katie Dunlap - Permits Coordinator or
Craig Kerscher - Permits Coordinator or
Tara Tarlton - Permits Coordinator or
[18] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

19. Guidelines for CE Document Preparers
Permits Floodplains
Guidelines for CE Document Preparers

20. Topics Basics of Floodplain Management Navigating EnviroNet
[20] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

21. Two Paths NFIP NEPA/EO 11988 The National Flood Insurance Program
Managed by FEMA
ODOT compliance administered through the Office of Hydraulic Engineering
NEPA/EO 11988
Executive Order (E.O.)
Impacts to floodplains must be discussed in the NEPA document
Administered by ODOT Office of Environmental Services
[21] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

22. Definitions 100-Year Flood
A flood that has a 1% annual chance of occurring
Floodplain
An area inundated from flood waters
Floodway
A portion of the floodplain designated by FEMA as critical for flood flow conveyance - highly regulated
Flood Fringe
The portion of the floodplain outside the floodway
Special Flood Hazard Area (SFHA)
The area designated by FEMA that includes both the floodway and flood fringe
Also referred to as “floodplain” when discussing NFIP
[22] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

23. Diagram of Floodplain
[23] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

24. Is My Project Within a FEMA Floodplain?
Most reliable resources are FEMA Flood Insurance Studies (FIS) and Flood Insurance Rate Map (FIRM) panels
Generally, FISs contain more detailed hydraulic information such as peak stormflow rates, flood profiles, and stream reach
To prepare a CE, only a FIRM is required
Other acceptable resources are FEMA Effective and Approximate Study Hydraulic Models and prior project specific studies
[24] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

25. How to Locate a FEMA FIRM panel
Most FIRMs are posted on FEMA’s website at
Note any revisions, amendments, or revalidations
If map not available, it may be ordered from FEMA (Note this may take six weeks or more)
[25] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

26. Interpreting the FIRM panel
Use the legend to determine if the project is within the FEMA 100-year Floodplain (SFHA)
Typically within the blue lines on the FIRM
Be sure to check the legend on each panel
The regulated floodway is identified by hash marks
[26] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

27. FEMA FIRM
[27] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

28. NFIP Administered by FEMA Provides flood insurance to communities
Requires local communities to adopt and enforce minimum floodplain management regulations
ODOT must comply with these regulations (more to follow…)
FEMA may audit compliance with NFIP requirements
Penalties for non-compliance include probation and suspension from the NFIP
Administered by ODOT Office of Hydraulic Engineering
[28] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

29. NFIP Responsibilities for Document Preparers
Environmental Document preparers are responsible for including appropriate documentation for NFIP compliance in EnviroNet
When a project is determined to be within the 100- year floodplain, ODOT employees should send an e- mail to the District Hydraulic Engineer (or equivalent) requesting all applicable documents
[29] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

30. NEPA/EO 11988 The E.O. requires agencies to:
Avoid, to the extent possible, long and short- term adverse impacts associated with the occupancy and modification of floodplains
Avoid direct or indirect support of floodplain development when there is a practicable alternative
[30] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

31. NEPA/EO 11988
The E.O. applies to all federal agencies and actions, in all floodplain locations described as the “100- year flood” or “Base Floodplain”
It requires agencies to:
Avoid the Base Floodplain
Adjust to the Base Floodplain
Evaluate, Design, and Implement all agency actions to meet the Executive Order
Notify the public if there are impacts to floodplains
[31] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

32. Does EO 11988 apply to my project?
Applies to C2, D1, D2, D3, EA, and EIS projects occurring within the 100-year floodplain that have federal funding, work performed by the federal government, or require federally issued permits (e.g. Corps Waterway Permits)
Does not apply to C1 projects because ODOT has determined the potential impact to the base flood elevation is negligible
[32] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

33. Steps to Follow
Step 1 - Determine if a proposed project is in the floodplain
Follow the process described
Step 2 – Conduct early public review/public involvement
The E.O. includes requirements that the public be provided adequate information, opportunity for review and comment, and an accounting for the rationale for proposed actions affecting floodplains
Follow the ODOT-OES Public Involvement Manual
This is a path based decision tree
For more information regarding ODOT’s Paths, see the PDP manual
[33] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

34. Steps to Follow
Step 3 - Identify and evaluation practicable alternatives to locating in the floodplain
ODOT is required by the E.O. to identify and evaluate practicable alternatives to locating in the floodplain
Alternatives to be evaluated include:
Alternative Sites
Alternative Actions
No Action
It is possible that there is no alternative, such as culvert replacement, bridge pier repairs, etc.
[34] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

35. Steps to Follow Step 4 - Identify impacts of the proposed project
Categories of impacts
Impacts to Lives and Property
Natural and Beneficial Floodplain Values
Three types of impacts that must be addressed for each category
Positive and negative
Concentrated and dispersed
Short and long-term
[35] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

36. Steps to Follow
Step 5: Minimize, Restore, and Preserve Impacts to Lives, Property, and Natural and Beneficial Floodplain Values
ODOT must develop mitigation measures if:
Locating within a floodplain with no practicable alternative sites
The project impacts lives, property, or natural and beneficial floodplain values
Mitigation measures vary from project-to-project
Some projects may not require mitigation because it is economically infeasible or the project area is so small that it will not allow measures
[36] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

37. Steps to Follow Step 6: Re-evaluate alternatives
Having identified the impacts the proposed action would have on the floodplain (Step 4), methods to minimize these impacts, and opportunities to restore and preserve floodplain values (Step 5); the proposed action should now be reevaluated
For proposed actions in the floodplain, the reevaluation should consider if the action is still feasible at this site
Three Options must be discussed under this section:
Is locating the project in the Floodplain still practicable?
Is there any way to limit the extent of the action within the floodplain?
Is it possible to perform no action?
[37] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

38. Steps to Follow Step 7: Present findings and a public explanation
If re-evaluation results in the determination that there is no practicable alternative to locating in or impacting the floodplain, a statement of findings and public explanation must be provided
Use the template statement of findings
[38] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

39. Steps to Follow Step 8: Implement the Project Free Step!!
[39] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

40. Documenting the 8-Step Process
Use Exhibit A of the ODOT Floodplain Guidance to show documentation of steps 3, 4, 5, 6, and 7 OR
Upload document that demonstrates compliance with all steps
Follow the ODOT Public Involvement Manual to show compliance with Step 2
[40] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

41. Permits Tab - EnviroNet
Floodplain is a sub-section of the Permits Tab
[41] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

42. Remarks Give a short narrative of the process followed
Describe impacts to floodplain, floodway, and base flood elevations
Discuss coordination efforts and project related correspondence with Local Floodplain Administrator
[42] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

43. Project File Upload the following documents (If applicable):
FIRM panel showing the project area
Initial Local Floodplain Coordination letter
Exhibit B in ODOT Floodplain Guidance
Any correspondence from Local Floodplain Coordinator
Statement of Findings
Exhibit A in ODOT Floodplain Guidance
Other documents required by ODOT L&D Manual
Follow ODOT NEPA File Management and Documentation Guidance
[43] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

44. Contact Information
Ross Irvine (Assistant Legal Counsel) or
[44] Categorical Exclusion Training Class – Presented by the Office of Environmental Services