AND THE OHIO RAIL DEVELOPMENT COMMISSION

Transcription

1 PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION, THE OHIO DEPARTMENT OF TRANSPORTATION, AND THE OHIO RAIL DEVELOPMENT COMMISSION SEPTEMBER 13, 2010 (Agreement Nnmber 16400) (Supersedes Agreement Number 11321)

2 INTRODUCTION PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT This agreement establishes a procedure that will reduce the paperwork and processing time for certain federal actions that do not have significant impacts on the human and natural environment. In entering into this agreement, the Ohio Department of Transportation (ODOT) and Ohio Rail Development Commission (ORDC) agree to act on behalf of the Federal Highway Administration (FHWA) in assuring compliance with all applicable federal environmental and related requirements. This agreement has been developed to be in confornjance with the policy and procedures for environmental process of Class II-Categorical Exclusion (CE) actions as defined in Section 23 CFR (and as amended). ODOT, ORDC, and FHWA concur in advance with the classification of those types of CEs (identified on pages 6-13 of this agreement) which normally are found to have no significant social, economic and environmental effect. ODOT agrees that all the conditions stated in this Programmatic CE Agreement will be satisfied for all projects processed under this agreement. This agreement supersedes all previous CE processing agreements held between FHWA and ODOT. [n accordance with FHW A regulations (23 CFR 771, "Environmental Impact and Related Procedures"), CEs are actions which meet the definition contained in the Council on Environmental Quality regulations, 40 CFR , and based on past experience with similar actions, do not involve significant environmental impacts. They are actions which: do not induce significant impacts to planned growth or land use for the area, do not require the relocation of significant numbers of people, do not have a significant impact on any natural, cultural, recreational, historic, or other resource, do not involve significant air, noise or water quality impacts, do not have significant impacts on travel patterns, or do not otherwise, either individually or cumulatively, have any signi ficant environmental impacts, and are, therefore, excluded from the requirement to prepare an EA or EIS. The provisions of this CE Agreement provide for: I. ODOT Districts, ODOT's Office of Environmental Services (OES), and the ORDC to act on behalf of FHW A in assuring compliance with all applicable federal environmental and related requirements. 2. A process that will be consistent in documenting information that allows for defensible CEs on a statewide basis. 3. A process that is concise and easy to follow. 4. A process that personnel with limited exposure to the environmental process can follow, provides the proper information, and makes appropriate decisions within the bounds of this Agreement. 5. A process that utilizes technological advances by reducing the amount of paperwork and providing a digital format for processing. 2

3 In carrying out this Agreement, ODOT, FHWA, and ORDC agree to five levels of review and approval and to continue efforts towards achieving a paperless environmental process for Categorical Exclusion projects. The appropriate level ofa CE is detem1ined based upon the type of action and the impact of the project. The five levels of CEs are discussed on the fo llowing pages: GENERAL Per CFR (h)(2)(i) and (ii), every federal action requires some level of public involvement, including providing for early and continuous opportunities throughout the project development process. The level of public involvement should be commensurate with the proposed action. For all actions processed under this agreement, all project impacts, regardless of CE Level, must be assessed for context and intensity (40 CFR ). As such, the application of 23 CFR I l(h)(2)(iii) must be evaluated to detem1ine if a public hearing or the opportunity for a hearing is in the public's interest. Hearings are to be held at a convenient time and place for any Federal-Aid project which requires significant amounts of right-of-way, substantially changes the layout or functions of connecting roadways or the facility being improved, has a substantial adverse impact on abutting property, otherwise has a significant social, economic, environmental or other effect or for which the FHWA detem1ines that a public hearing is in the public interest. DOCUMENTATION Each CE Level requires completion of a specifically designated fom1 that is approved by ODOT, ORDC. and FHWA to facilitate implementation of this agreement. Exempt - Categorical Exclusion Exempt Project FOm1; CE Level I - CE Level I FOm1; CE Level 2, 3, and 4 - CE Level 2, 3, and 4 Fom1 All coordination, evaluations, and detem1inations made by ODOT or ORDC under this Agreement shall be adequately documented using the appropriate Categorical Exclusion FOm1. These standard fom1s have been designed for use in preparation of CE documents for transportation projects (See OES's Categorical Exclusion Evaluation Handbook). This Agreement shall not preclude ODOT or ORDC from requesting individual CE review and approval from the FHW A when deemed necessary even though the action falls within the bounds of this Agreement. This Agreement shall not preclude processing projects outside the bounds of this Agreement with FHWA's participation and approval. This Agreement shall also not preclude the FHWA the right to request, for individual review, CE actions that fa ll within any classification of document. RE-EVALUA TIONS Upon approval, CE documents are valid for three years unless there is a change in the project scope. ODOT and ORDC agree to re-evaluate the CE classification on all proposed actions prior to requesting subsequent major project approvals. This is intended to establish whether or not conditions of the project have changed and to detem1ine if the NEPA determination remains valid for 3

4 the action. Projects, which upon re-evaluation, remain within the limits of this Agreement, need no further NEPA coordination with FHW A. Re-evaluations should be conducted in accordance with 23 CFR [f there is a change in project scope or if no major federal action (e.g. authority to undertake final design, authority to acquire a significant portion of the right-of-way, or approval of the plans, specifications, and estimates) has taken place in the last three years, a written reevaluation will be required before further approvals may be granted. FurthernlOre, in accordance with guidance provided by the Council on Environmental Quality, environmental studies should be reviewed every five years. Based on 40 CFR [502.9 (c)(i)(i) and (ii) a written re-evaluation should be completed if there are substantial changes in the proposed action that are relevant to environmental concerns or if there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed actions or its impacts. Therefore, if five years have passed since the document was approved and the environmental studies have not been re-examined during that time, a re-evaluation of those studies should be completed. The signature authority for re-evaluations will be the same as for the original CE document (see below) unless the reevaluation indicates a change in the level of document needed. FHWA has developed the attached Programmatic Wetland Finding for all actions processed under this Agreement. S[GNATURE AUTHORITY For Exempt projects, the ODOT District Environmental Coordinator (DEC) or ORDC Environmental Coordinator (EC)* will ensure that the project meets the criteria for an Exempt Level project. They wi ll complete a Categorical Exclusion Exempt Project Form and place a copy in the Exempt project reading file to be maintained by each District and ORDC. Confirmation that a project is a CE Level I will be performed by the DEC or ORDC EC. For CE Level 2 projects, the confirmation will be made by the DEC or ORDC EC and the Planning Administrator or ORDC Executive Director (see below). ** For CE Level 3 projects, the confirmation will be made by the DEC or ORDC EC, the Planning and Programming Administrator or ORDC Executive Director, and the Office of Environmental Services (OES) Administrator or OES Assistant Administrator of the Policy Section. ** For CE Level 4 projects, the FHW A Division Office will review and approve the document after it is signed by the DEC or ORDC EC, Planning and Programming Administrator or ORDC Executive Director, and the OES Administrator or OES Assistant Administrator of the Policy Section. ** * The Ohio Rail Development Commission (ORDC) will establish an EC (Environmental Coordinator) position to process their projects in accordance with this agreement. This position will require the same level of training as is required of the ODOT DECs. The ORDC EC shall participate in environmental program and project level coordination and quality assurance meetings, reviews, conferences, and assessments to a level that is consistent with their DEC peers. ** Approval of CE Level 2 documents by the ORDC will be phased in following implementation of this agreement. Prior to receiving signature authority, all ORDC projects that are CE Level 2 and 4

5 higher must be submitted to ODOT's Office of Environmental Services or appropriate ODOT District office for review and approval. Once the ORDC is granted signatory authority for CE Level 2 documents, the Executive Director of the ORDC will sign as the Planning Administrator. All CE Level 3 and higher projects will require signature of the ORDC EC and the ORDC Executive Director and will require coordination with ODOT OES. On all CE Level projects, initial coordination with the various resource agencies must be complete prior to approval of the document. This includes any MOAs that need to be signed and incorporated in the document as an environmental commitment. MONITORING Full compliance with this Agreement will be determined through a process review to be jointly conducted by FHWA, ODOT-OES, ODOT district staff, and ORDe. The results of such reviews will be used to determine what agreement modifications, if any, may appropriately be made. Process reviews wi II be conducted on a regu lar basis. On a semi-annual basis, ODOT wi ll provide FHWA with a list of projects (including, county, route, and section, PID, date of action, level of CE and a short project description) that have been processed using this Agreement. It is hereby determined that all Categorical Exclusion projects that fall within the bounds of this Agreement are actions which meet the definition contained in 40 CFR , and, based upon past experience with similar actions, do not involve significant environmental impacts. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic, or other resource; do not involve significant air, noise, or water quality impacts; do not have any significant impacts on travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental impacts and do not require the preparation of an Environmental Assessment or an Environmental Impact Statement. ENVIRONMENTAL COMMITMENT COMPLIANCE ODOT and ORDC shall have FHW A approved protocols to ensure that environmental commitments are fulfilled. 5

6 EXEMPT ACTIONS Due to the limited scope of work for certain projects and based on past experience with similar actions, a Categorical Exclusion Exempt Project Form must be prepared for the actions listed below. These actions meet the intent of23 CFR (c): some actions "... meet the criteria for CEs in the CEQ regulation and normally do not require any further NEPA reviews by the Administration." These projects are standard stand alone transportation activities that, based on ODOT's and FHW A's past experience, wi ll not result in any significant impacts to the human or natural environment. If resources wi ll be impacted, the level of documentation wi ll need to be elevated. Exempt actions require a Categorical Exclusion Exempt Project Form to be completed and signed by the DEC or ORDC EC. A copy of the form should be placed in an Exempt Form reading file to be maintained by Districts and ORDC. Exempt Project Types: (I) Guardrail installation and replacement (including median cable barriers) where roadway ditches and backs lopes will not be relocated. (2) Replacement of existing or installation of new traffic signals, flashing beacons, railroad warning devices and the installation of ITS system components (provided there is no likelihood of encountering contaminated materials). (3) General pavement marking or " line painting" projects. (4) Herbicidal spraying. (5) Mowing or brush removal/trimming projects. (6) The installation or maintenance of signs, pavement markingslraised pavement markers/sensors, traffic calming activities, and/or new or replacement fencing (right-of-way, vandal, etc.) provided there is no likelihood of encountering contaminated materials. (7) Study type projects (i. e. feasibility studies, etc.). (8) Bridge deck overlays, bridge deck replacements, superstructure replacement and other maintenance activities, including bridge painting projects. (9) General highway maintenance, including filling potholes, crack sealing, mill and resurfacing, full pavement rehabilitation, joint grinding/milling, shoulder reconstruction, minor slide stabilization/repair, minor erosion control, grading, parking lot pavement/repair, access roadway pavement, etc. (10) Disposal of excess ROW parcels provided environmental resources are not present.* (II) Improvements to existing ODOT/County maintenance facilities. (12) Improvements to existing rest areas and weigh stations for minor maintenance (i.e. mill and resurfacing of existing parking areas). Projects involving major construction may require a higher level of documentation. (13) Beautification or facility improvement projects (i.e. landscaping, curb and gutter replacement, installation of park benches, decorative lighting, etc.). (14) General permits to use or occupy highway ROW not involving National Highway System (NHS) or limited access highways and having no environmental impacts (i.e. wetlands, Section 106, relocations, etc.). (15) ODOT culvert maintenance (e.g. culvert lining) or replacement (up to 60" diameter) and highway maintenance ditching activities, having no environmental impacts. ( 16) Construction of bicycle lanes and pedestrian walkways, sidewalks, shared-use paths, and faci lities, small passenger shelters, alterations to facilities or vehicles in order to make them accessible for elderly and handicapped persons (i.e. construction of a bike path on an ex isting 6

7 railroad bed, designations of certain highways as bike routes, pamtmg of existing paved shoulders as bike lanes, ADA ramps, etc.) provided that no new disturbance will occur. (17) Upgrade of existing tower lighting to new technologies that ensure a lesser impact than the current system. (18) Approval of utility installations along or across a transportation facility provided no drainage of wetlands will occur. (19) Acquisition of scenic easements. (20) Transportation corridor fringe parking facilities, bus pull-ins and pull-outs, park-and-ride lots and ridesharing activities. (2 1) Maintenance and/or replacement of existing noise wall panels and/or posts and alterations to existing publicly owned buildings to provide for noise reduction. (22) Track and rail-bed maintenance activities and rail improvements. (23) Bus and rail car rehabilitation. (24) Determination of payback under 23 USC 156 for property previously acquired with federalaid participation. (25) Transfer of federal lands pursuant to 23 USC 317 when the subsequent action is not an FHW A action. (26) Program administration, technical assistance activities, and operating assistance to transit authorities to continue existing service or increase service to meet routine changes in demand. (27) Purchase and installation of operating or maintenance equipment to be located within the transit facility and with no significant impacts off the site. (28) Purchase or conversion of vehicles to alternative fuel uses (CNG, E-85, etc.). *The Environmental Right-of-Way checklist must be completed and approved by the DEC or ORDC EC. Exempt Project Impacts Projects that involve any impacts to the following will not be considered eligible for processing as an Exempt: Acquisition of new right-of-way. All Exempt projects must occur within existing right-ofway with the exception of work agreements. Scenic River corridor impacts Waterway Permits Impacts to state or federally threatened or endangered species Impacts to wetlands Impacts to historic properties or historic districts Section 4(1)/6(1) impacts Substantial traffic disruption Minor public controversy when all issues have been addressed 7

8 CE LEVEL 1 ACTIONS CE Level I projects assume little or no impact to the environment. The CE Level 1 forn1 and necessary supporting documentation shall be completed and kept on file by the District or ORnC. The DEC or ORnC EC shall confim1 that these actions meet the criteria for CE Levell projects and no significant impacts exist. Only the DEC or ORnC EC signature is required for CE Level I projects. CE Levell projects can include any of the projects listed as Exempt that have impacts that elevate the project to a Level I and those listed below. Projects that do not meet the criteria for CE Level I projects shall be processed at the next appropriate higher level. CE Levell Project Types: ( 1) Culvert and bridge replacement/reconstruction that involve no more than minimal additional right-of-way necessary to grade around the new bridge/culvert plus any necessary channel work (All permits and coordination are still required). (2) Modernization of a highway by resurfacing, restoration, rehabilitation and reconstruction. (3) Modernization ofa highway by the addition of tum lanes and/or the addition of shoulders. (4) Environmental mitigation activities (wetland, stream, upland, etc.). (5) Tower lighting and street li ghting projects. (6) Major re-construction improvements to existing, rest areas and truck weigh stations. (7) Track and rail-bed improvements or acquisition. (8) Installation of new fencing, signs, small passenger shelters. (9) Emergency repairs under 23 USC 125. Necessary work to restore essential travel, typically within 180 days of the event. Includes emergency projects like mine collapse, flooding damage, etc. (10) 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. (II) Approvals for changes in access control that involve the National Highway System (NHS) and limited access ROW (i.e. work necessary within state controlled ROW for the realignment of an intersecting local road; breaks in the limited access ROW for new roads or drives.) (12) Acquisition of land for hardship or protective purposes; advance land acquisition loans under section 3(b) of the UMT Act. Hardship and protective buying will be pem1itted only for a particular parcel or a limited number of parcels. These types ofland acquisition 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. No project development on such land may proceed until the NEPA process has been completed. (I 3) Installation of new noise walls and other new noise mitigation projects. (14) Highway safety and truck escape ramps. (15) Construction of bicycle lanes and pedestrian walkways, sidewalks, shared-use paths, or facilities and trailhead parking. (16) ROW acquisition only for bikeway/pedestrian facility (no construction). (17) Beautification or facility improvement projects (i.e. landscaping, curb and gutter installation and replacement, ADA ramps/curb ramps, installation of park benches, decorative lighting, etc.). (18) Land donations to ODOT associated with ROW pem1its (non-nhs/non-limited Access right-of-way). 8

9 (19) Construction of alternative energy facilities (CNG, electrification, solar, fuel tank farms, wind turbines, etc.). (20) Lane reduction ( road diet ) changes provided traffic analysis is completed. (21) Land acquisition by a public agency/public park entity for passive recreational use. (22) Geotechnical activities (i.e. grouting, rock fall barrier installations, rock fall netting installations, and drilled shafts and walls for stabilization, etc.). (23) Transportation corridor fringe parking facilities, park-and-ride lots and ridesharing activities. (24) Railroad projects that close at-grade crossings. (25) Other project types (must be approved by OES and/or FHWA). CE Level 1 Project Impacts Projects that involve two or more impacts of the following will not be considered eligible for processing as a CE level 1. If only one of the follow impacts apply to the project, all necessary coordination and supporting documentation must be attached to the CE Level 1 form. Section 106 resource impacts resulting in No Adverse Effect Programmatic or de minimis Section 4(f) impacts provided Programmatic Section 4(f) documentation has been approved by OES or de minimis Section 4(f) has been approved by FHWA. (A combined Section 106 and Section 4(f) impact on one resource qualifies a project for a CE Level 1). Impacts up to 3 acres of Category 1 and 2 wetlands only. (Enough information must be presented to issue a wetland finding) (A combined wetland impact and Individual 404 ACOE permit on one resource qualifies a project for a CE Level 1) Scenic River corridor impacts Individual 404/401 Substantial traffic disruption Minor public controversy when all issues have been addressed Impacts to state or federally threatened or endangered species 9

10 CE LEVEL 2 and 3 ACTIONS These projects invo lve combined impacts or those with higher thresholds based on context and intensity compared to a CE Level I. The CE Level 2, 3, and 4 Form and necessary supporting documentation shall be completed and kept on file by the District or ORDC. The DEC and the District Planning and Programming Administrator confirm that the projects meets the criteria ofa CE Level 2 action. Approval of CE Level 2 documents by the ORDC will be phased in following implementation of this agreement. Prior to receiving signature authority, all ORDC projects that are CE Level 2 and higher must be submitted to ODOrs Office of Environmental Services or appropriate ODOT District office for review and approval. Once the ORDC is granted signatory authority for CE Level 2 documents, the Executive Director of the ORDC will sign as the Planning and Programming Administrator. The DEC or ORDC EC, Planning Administrator or ORDC Executi ve Director, and the Administrator of OES or the Assistant Environmental Administrator in the OES Policy Section confi rms that a project meets the criteria of a CE Level 3 action. CE Level 2 and 3 projects can include any projects listed as Exempt or CE Level I that have impacts that elevate the project to a higher level and those listed below. CE Level 2 and CE Level 3 Project Types: I) Addition of auxiliary lanes (e.g., parking, weaving, turning, cl imbing) or the addition of through lanes (with the exception of the Interstate or "Interstate-look-alike" freeways). Major reconstruction work on an Interstate will be considered on a case-by case basis with OES. 2) Bridge rehabilitation, reconstruction, or replacement. 3) Construction of realignments on new location (not to exceed 2 mi les in realignment length). 4) Construction of a minor new highway fac ility (with the exception of the Interstate or "Interstate-look-alike" freeways) on new location. 5) Modi fication of an existing non-interstate interchange or the construction of a grade separation to replace an existing at grade intersection. 6) Construction of new interchange with the exception of the Interstate or "Interstate-Iookalike" systems. 7) Minor modification of an Interstate interchange can include, but not be limited to, addition/deletion of tum lanes, minor lane shi fts or access to deceleration/acceleration ramps. Major re-confi guration of interchange will require consultation with OES and FHWA. 8) Construction of new truck weigh stations or rest areas. 9) The construction of a railroadlroad grade separation to replace existing at-grade rail road crossings, or the removal of existing railroad/road grade separation structures. 10) Rehabilitation, reconstruction or conversion of existing rail and bus buildings and ancillary fac ilities where onl y minor amounts of additional land are required and there is not a substantial increase in the number of users. II) Construction or conversion of ra il storage and maintenance fac ilities on new location in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there is no signi fi cant noise impact on the surrounding community. 10

11 12) 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. 13) Construction of new bus transfer facilities (an open area consisting of passenger shelters, boarding areas, kiosks and related street improvements) when located in a commercial area or other high activity center in which there is adequate street capacity for projected bus traffic. 14) Construction of ODOT storage and maintenance facilities on new location in areas used predominantly for industrial or transportation purposes where such construction is not inconsistent with existing zoning and where there are no significant environmental impacts. 15) Construction of bicycle and pedestrian lanes, paths or facilities. 16) Other project types (must be approved by OES and/or FHW A). CE Level 2 Project Impacts Can Involve: Minor right-of-way (ROW) acquisition involving a maximum of two relocations. (The context and intensity of the impact may require the CE to be elevated to the next higher level. Confirmation (by ODOT) shall be made that the acqllisition will not res lilt in significant impacts to the commllnity or environment). Minor amounts of hazardous materials (involvement limited to petroleum related underground storage tanks and/or releases). Impacts up to 3 acres of Category I and 2 wetlands and/or up to 0.5 acres of Category 3 wetlands. (Enough information to issue a wetland finding must be included in the CE documentation.) Section 106 impacts (no Archaeological Phase III recommendations) provided ne~e ss ary documentation for consultation is included in the project fil es as required by 36 CFR Part 800. Programmatic or de minimis Section 4(f) impacts provided Programmatic Section 4(f) documentation has been approved by OES or de minimis Section 4(f) has been approved by FHWA. Minor public or agency controversy on environmental grounds (no opposition ji-om any organized grollps or agencies and no linresolved environmental coordination). CE Level 2 Projects Cannot Involve: Addition of through travel lanes with more than I mile in length; Construction of an interchange to replace an existing at grade intersection; Coast Guard permit; Indi vidual Section 4(f) impacts/use; Substantial flood plain impacts; Impacts to federally threatened or endangered species/"critical" habitat that results III a Biological Opinion; or Any disproportionately high and adverse impacts relative to environmental justice. 11

12 CE Level 3 Project Impacts Can Involve: Right-of-way (ROW) acquisition involving a maximum of eight relocations. (The context and intensity of the impact may require the CE to be elevated to the next higher level. Confirmation shall be made to determine that the acquisition will not result in significant impacts to the commll/lily or environment.) Section 106 impacts, provided necessary documentation of consultation is included in the project files as required by 36 CFR Part 800. Wetland impacts of 5 acres or less. (Enough information to issue a wetland finding must be included in the CE documentation.) Substantial public or agency controversy on environmental grounds (strong opposition ji-om organized groups or agencies). CE document must include documentation demonstrating that the public or agency concerns have been addressed. Programmatic or de minimis Section 4(1) impacts provided Programmatic Section 4(1) documentation has been approved by OES or de minimis Section 4(1) has been approved by FHWA. Individual Section 4(1) impacts/use as long as a draft of the CE Level 3 is provided to FHWA for review along with the Individual 4(1) packet. CE Level 3 Projects Cannot Involve: Substantial/significant flood plain impact; Requiring an individual air quality analysis; or Any disproportionately high and adverse impact relative to environmental justice. 12

13 CE LEVEL 4 ACTIONS CE Level 4 actions can include projects with impacts not discussed in this agreement or those with hi gher impacts than listed. These actions must be coordinated and approved by ODOT's Office of Environmental Services and FHW A. Projects in this category must meet the intent of 23 CFR (d) and satisfy the criteria for CE Classification. Based on past experience with similar actions, these actions do not involve significant environmental impacts. The confinnation that CE Level 4 actions meet the appropriate criteria will be made by the OES Administrator ancvor the Assistant Environmental Administrator in the OES Policy Section. CE Level 4 environmental documents must be approved by FHW A. 13

14 APPROVED, ~d#o: ~3/~OIO Laura Leffl Date Division Administrator Ohio Federal Highway Administration Ohio Department of Transportation Uz: ;Uti. <1/13/" Environmental Program Coordinator Ohio Federal Highway Administration 1\-;jQ t!>/22>/i {) Timothy. Hill Date OES, Ad lstrator Ohio Department of Transportation Executive Director Ohio Rail Development Commission 14

15 Programmatic Wetland Finding 15

16 WETLAND FINDING FOR FEDERAL AID PROJECTS COVERED UNDER THE PROGRAMMATIC CATEGORICAL EXCLUSION AGREEMENT This statement sets fotth the basis for a tinding lhat there is no practical alternllti ve to construction in wetlands for those Federal-aid projccts d esc rib ~ d in the March Programmatic Categorical Exclusion Agreement. All practical measures to avoid, l1linimi ~ e and mitigate impacl~ to wetlands, which may result fro m slich u s~, wi ll be taken. Enhanccment opportunities will al so be considered as appropriate for each impacted wetland. Thi s finding is madc in accordance with the requiremenl5 of Executive Order on the Pro t ~'Cti() n or Wetlands, dated May I, t 977. The ty pes of projects to be constnlcted under this finding are classified as Class II Federal-aidactions as described in 23 CF R and fall within the bounds of th e March 6,2003 Programmatic Categorical Exclusion Agreement. In complinnce with this Finding the Ohio Department of Transportation, (ODOT), shall ensure that the project record includes an appropriate discussion of avoidance, minimization and mitigation aliemntives for each impacted wetland. "nlc work in wetlands covered by this Pi nding can include those cntegori es of activit ies described in Ule following Federal permits. regulations. or agreements: Dredge or fill acti vitics covered by and that satisfy the conditions oflhe Corps of Engineers (CaE) Nationwide or Regional pcmliis issued by the CaE for waters of the United States under the CaE jurisdiction (Title 33 CFR Part published November 13, 1986, as amended), and individual pennit actions for 2 hectares (S acres) orless of impacted wetlands. Altemative di scussions for wetland i1voidonce shnll di scuss as a minimum: I. Do Nothing; and 2. improvements that wi ll not result in any wetl and impacts.

17 In order for this Finding to be applied to a project covered under this Programmatic Categorical Exclusion Agreement it must be documented that the I) Do Nothing alternative is not practicable because: (a) It would not correct existing or projected capacity deficiencies; or (b) it would not correct existing safety hazards; or (c) it would not correct existing deteriorated conditions and maintenance problems; or (d) it would result in serious impacts to the motoring public and the general welfare of the economy in the area. It must also be documented that 2) Improvements that will not result in any wetland impacts are not practicable because such avoidance would result in (a) substantial adverse community impacts to adjacent homes, businesses or other improved properties; or (b) substantially increased project cost; (c) unique engineering, traffic, maintenance, or safety problems; or (d) substantial adverse social, economic, or environmental impacts; or (e) the project not meeting identified needs. Within this discussion alternatives that would result in minor alignment shifts, use of minimum design requirements, use of retaining walls and! or other structures, or alternative designs shall be assessed. In addition it must be documented that all practicable measures to minimize the wetland impact(s) both within and outside of the highway right of way have been fully considered and incorporated into the projects design. Minimization measures that are incorporated into the design shall be listed as environmental commitments in the document. The use of appropriate erosion and sedimentation control and other measures required by the current ODOT Standard Specifications and special provisions shall be a standing ODOT commitment. ODOT shall consider the mitigation of all wetland impacts and shall consider enhancement opportwrities when they exist. Project mitigation measures shall be listed as environmental commitments in the document. During the projects preliminary development, and design, coordination, as appropriate, with the Ohio Department of Natural Resources (ODNR), Corps of Engineers (COE), Ohio EPA and other State or local agencies shall be conducted. Additional measures, to avoid, minimize and mitigate the projects wetland impacts may be identified as a result of this coordination and incorporated into the project in order to secure the necessary permit(s). Based on the discussions that shall be incorporated into the project records for each action processed under this Finding, it is determined that there is no practical alternative to the proposed construction in wetlands for the actions processed under the March 6, 2003 Programmatic Categorical Exclusion Agreement and that the actions processed under this finding include all practicable measures to minimize harm to wetlands which may result from such use. Larry D. derson, Date: Acting Division Administrator Ohio Federal IDghway Administration