IOWA DEPARTMENT OF TRANSPORTATION
To Office
Federal Highway Administration
,1
Attention
Philip Barnes, Division Administrator
,1
Date October 7, 2004
James Rost, Director ~
Location & Environment
Subject
Iowa Programmatic Categorical Exclusion Actions and Process
As part of our joint efforts to streamline the environmental process, we propose to
implement the "Iowa Programmatic Categorical Exclusion Agreement and Process"
for actions currently addressed by the "Programmatic Memorandum of
Understanding" (PMOU). jointly prepared and signed by FHWA, SHPO. and lowa
DOT and the action types identified in 23 CFR 771.117 (c) and (d). The actimns [as
described in 23 CFR 771.117 (a)] addressed by this process are non-controversial.
they are consistent with federal. state, and local laws and plans. It is our
determination that the projects cause no significant environmental or social impact.
As such, they are appropriately classified as Categorical Exclusion (CE) Actions (as
referenced in the Office of Location and Environment Manual Part III Chapter 17).
There are two (2) types of CE actions that fit this programmatic agreement:
Non-evaluated
I Significant
! construction
Programmatic
Environmental
actions,
i way or actions
CE -Action
types that have 'No Potential for
Effect' (attachment A). The action types are n<!>n-
construction
projects within the previously
disturbed
'
right-of-
that transfer the use rights of a property.
Evaluated Programmatic
CE -Action
types listed in 23 CFR 771.117
I not included as a Non-evaluated
Programmatic CEo
(c) and (d), but
For these actions the process is:
Project information will be reviewed for all action types. Action types fitting None'{aluated Programmatic CE will have concluded the environmental review process.
A project summary (attachment B) will be prepared for Evaluated Programmatic CE
action types, when the pertinent environmental issues have been addressed. The
action will have conclud~d the environmental review process when Office of
Location & Environment staff signs the project summary.
Upon concluding the environmental review process, Location & Environment staff
will prepare a notification memo advising of the completion of the environmental
review process and noting that project development may continue toward letting.
This memo will be sent to the project sponsor and appropriate Iowa DOT offices.
The CE date will be included in the letter requesting authorization for right of way
acquisition, final design or project construction by the appropriate Iowa DOT
offices. In the cases of disposal of excess right of way, joint use or change in
access control, the determination date will be included in the approval request
letter by the appropriate Iowa DOT office.
October 7, 2004
Page 2
If the details of the action change, therprevious CE will be re-visited to determine
if the action continues to fit the classification. The CE classification will either be
re-confirmed, or it will be re-classified.
All specific environmental surveys or permits will continue to be accompli$hed by
the project sponsor. Copies of SHPO comments, Farmland Impact Ratings, etc,
will be retained in the project file.
Location & Environment staff will develop and maintain a listing of all proj~cts
reviewed using this process. A copy of this list will be forwarded to the FHWA as
requested. The list will identify future additions to the action types covered by the
PMOU as agreed to by the signatories.
Actions that have unusual circumstances [as identified in 23 CFR 771.117 (b)], or
involve other issues that warrant more intensive evaluation will continue to be
processed by an individual CE submittal.
Your concurrence on the process for these project types is requested.
Concu
r fdtl(IJ l JJ i ;:
For the Division Administrator
--Federal
Highway Administration
JPR:KDR
Attachments (2)
10/07/04 Agreement
Previous Version's Signature date
07/30/04
1 0/29/02
03/11/02
03/11/99
Date
L6{'7!OLf
,
Attachment
A -No
Potential
for Significant
y/
Environmental
Effect A$tions
.-
The listed action types have 'No Potential for Significant Environmental Effect',
and are currently addressed as 'No Potential to Cause Effect' by the PMOU.
1. Non-Construction Actions -These actions do not directly lead to construction
activity that would cause ground disturbance or right-of-way acquisition. *
.State
Planning and Research Funds Projects
.Intelligent
Transportation Systems (ITS)/ Seatbelt Incentive Projects
.Funding
for Planning Studies, Corridor Management Plans, and
Preliminary Engineering
.Research
and Development
.Publications
.Local
Technical Assistance Program (LTAP)
.Urban
Youth Corps
.Technology
Transfer
.Pooled
Fund Studies (TPF)
.On
The Job Training (OJT)/ Supportive Services
,
.Motor
Carrier Safety Assistance Program (MCSAP)
t
2. Construction Actions -These action types are completed within the previously
disturbed right-of-way limits. *
.Traffic
Signalization, Signing, and Lighting
.Railroad
warning devices
.Maintenance
Vehicles (Trail Groomer)
.Landscaping
(Tree Plantings or Seeding)
.Emergency
Relief funds projects
.Roadway
or trail way Patching
.Roadway
or trail way 3R or 4R type pavement projects (Resurfa<j;ing,
Restoration, Rehabilitation, and Reconstruction)
.Railroad
bed and track maintenance
.Rest
Area repair
3. These action types change the use rights for a property. These actions will
not limit the evaluation of alternatives, including shifts in the alignment for
planned construction projects, which maybe required for the NEPA process. No
project development on such land may proceed until the NEPA process has been
completed.
.Purchase
.Purchase
Scenic and Rails-to- Trails Easements
of land (Protective and Hardship Acquisitions)
* In some cases, these action types could require right-of-way acquisition. If so,
the action will require additional environmental review, and a project summary
will need to be completed.
yes
County:
Project #:
Action type identified in 23 CPR 771.117 (c) or (d)?
Comments:
2. Project description addressedby "Programmatic Memorandum of
Understanding" (PMOU)?
Comments:
yes or no
or no
If either 1 or 2 are no, an individual categorical exclusion action (CE) must be
completed.
3. Does the project require more than a minor amount of right of way?
.Comments:
yes or no
If the answer to 3 is es, an individual CE must be com leteQ. .
4. Involve acquisition of homes or businesses?
yes or no
If yes,
a) number of homes
businesses.
b) is there adequateavailable replacementhousing/commercial builtiings to
absorb this number of displacements?
yes or no
Comments:
If the answer to 4b) is no, Office of Right of Way Relocation Assista~ce Agent
must be contacted, and an individual CE must be completed~
5 Involve land that has gQ!been previously disturbed?
Comments:
yes or no
.'
6. Involve acquisition of a house, building or structure more than 50 yea~sold?
Comments:
r'
yes! or no
If the answer to 6 is yes, a cultural resource survey needs to be comp~eted and
submitted for SHPO comments/concurrence.
7. Affect an NRHP listed or eligible historic structure, district, and/or arqhaeology
site, which warrants preservation in place?
If yes, does it involve use of the property?
Comments:
8. Affect a public park?
If yes, does it involve:
a) use of the property?
b) Land and Water Conservation Act funds?
Comments:
9. Affect a wildlife or waterfowl refuge?
If yes, does it involve use of the property?
Comments:
yes, or no
yes or no
yes; or no
yes! or no
yes i or no
yes i or no
yes: or no
If the answers to 7, 8, or, 9 are yes for a use of the property, an indiwdual CE
must be completed and begin consultation with FHW A on 4(f) applicability.
10. Involve an adverse affect to a threatened or endangeredspecies?yes; or no
Comments:
If the answer to 10 is es an individual CE must be com let ~.
11. Involve more than a minimal amount of wetlands or streamchanneliiation?
Comments:
yes; or no
If the answer to 11 is es,an individual CE must be com lete:d.
12. Involve more than a minimal
Comments:
affect on a floodplain
"
or floodway?
13. Involve an impact to a high-risk regulated material site?
Comments:
14. Involve more than a minor impact on:
a) a noise sensitive area?
b) air quality?
c) water quality?
Comments:
yes! or no
yes! or no
yes! or no
yes' or no
yes or no
If any answer to 14 is yes, an individual CE must be complet~d.
15. Involve the acquisition of more than five acresoffannland in any on~-mile (or
less) length of project?
"
yes) or no
If yes, has form AD-IOO6, Farmland Conversion Impact Rating been:
completed?
yes or no
Comments:
Prepared by:
Date:
Office of Location and Environment
Date Received:
Checked By:
Action: