Guidance on
New CEs
Emergency Repair Projects
Operational Right-of-Way
Limited Federal Funds
Email questions to: OES@dot.state.oh.us
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MAP-21
 Congress mandated that certain actions be
categorically excluded from requirements
related to EA’s and EIS’s
 Section 1315 (Emergency repairs)
 Section 1316 (Operational right-of-way)
 Section 1317 (Limited Federal funds)
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FHWA Rulemaking
 Amended 23 CFR 771.117(c) to add new CEs
 (c)(9) Emergency Repair Projects (2/19/13)
 (c)(22) Operational Right-of-Way (2/12/14)
 (c)(23) Limited Federal Funds (2/12/14)
 Rulemaking did not change procedural
requirements for approval of projects
 Environmental requirements under Federal
and State statutes and regulations still apply
o e.g. Endangered Species Act, Public
Involvement, EJ
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Level
of
Impacts
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Documentation
The new CEs are considered to meet the c-list
(undocumented CE) criteria, however…
 FHWA required documentation to ensure a
higher level of NEPA document is not warranted
 No significant impacts will occur
 No unusual circumstances exist
 An Environmental Verification Form was
developed in accordance with rulemaking
 Only for projects that meet new CE criteria
 Shows due diligence performed
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No Anticipated Impact
 Actions related to Emergency Repairs (c)(9),
Operational Right-of-Way (c)(22), and Limited
Federal Funds (c)(23), are not anticipated to have
impacts to:
 Air Quality & Noise (conduct proper studies,
as appropriate)
 Hazardous Materials (limited to petroleum
related underground storage tanks/releases)
 Farmland
 Drinking Water
 No documentation required
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No Significant Impact
Specific environmental resource areas require
documentation to illustrate allowable thresholds
are not exceeded
 Waterway Permits
 Nationwide or Regional General Permits
 May include PCNs
 Endangered Species
 No Effect or May Effect, But Not Likely to
Adversely Effect
 100-year Floodplain
 No substantial impacts
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No Significant Impact
 Section 4(f)/6(f)
 No permanent incorporation of land or
conversion
o No 4(f), No Use, or Exceptions (e.g.
Temporary No Use), and Maintenance or
Temporary Non-Conforming Use
 Cultural Resources
 Minimal Potential to Cause Effect or No
Historic Properties Affected
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EJ and PI
 For Operational Right-of-Way (c)(22) and
Limited Federal Funds (c)(23), the following
applies
 Follow OES EJ Guidance
o If an EJ Analysis Report is needed or if
impacts rise to disproportionate and
adverse, cannot apply new CEs
 PI is commensurate to project’s type and scope
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Guidance
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FHWA
 Based on FHWA Ohio Division correspondence
of 2/18/2014, the new CE’s can be applied to
projects in accordance with 23 CFR 771.117(c)
 OES Guidance and Environmental Verification
Form was accepted
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Exempt per CE PA
 If a project qualifies as an Exempt Action Type
under the existing CE PA, it can be processed as
such with no additional documentation
 Complete Online CE Exempt Form Tab
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Exempt Exceeded
 When a project exceeds the limits of an Exempt
Action Type under the existing CE PA, it may
meet the criteria of one of the new CE’s
 Environmental Verification Form required
 Include documentation in Project File
 Potential impacts to environmental resources
will follow coordination requirements per
ODOT’s typical environmental process
 If thresholds exceeded altogether, a higher level
of NEPA document would be required
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771.117(c)(9)
Emergency Repair Projects
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Definition
 Transportation facilities damaged by an incident
resulting in an emergency declared by the
Governor of the State or a disaster or emergency
declared by the President
 Damage must be caused by a natural disaster or
a catastrophic failure from an external cause
 The repair occurs within existing right-of-way
and in a manner that substantially conforms to
pre-existing design, function, and location
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Process
 Perform Damage Survey Assessment
 The assessment will help determine if a higher
level of NEPA document is warranted based
on the context and intensity of impacts
 Prepare Damage Survey Report (DSR)
o Upload to the Project File
 Upload Environmental Verification Form
 Document Level Tab is left blank
o
Exempt Form Tab not generated
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771.117(c)(22)
Operational ROW
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Definition
 ROW disturbed for an existing transportation
facility
OR
Is maintained for a transportation purpose
 See guidance for specific definitions/examples
 Portions of ROW that have not been disturbed
or that are not maintained for a transportation
purpose do not qualify as existing operational
ROW
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Temporary ROW
 Temporary easements and takings needed for
construction purposes are covered even if that
work is located outside existing operational
ROW
 Areas acquired as temporary easements or ROW
for past projects are not considered part of the
existing transportation facility
o Easements end once the original project is
complete
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Process
 Upload all pertinent documentation to the
Project File
 Upload Environmental Verification Form
 Document Level Tab is left blank
o
Exempt Form Tab not generated
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771.117(c)(23)
Limited Federal Funds
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Definition
 A project must receive federal transportation
funds in order to qualify under this CE
 May include funds from a variety of Federal
sources, but only applies to FHWA actions
 Projects receiving limited funds are those that:
 Receive less than $5,000,000
OR
 Have a total estimated cost of not more than
$30,000,000 and Federal funds comprise less
than 15% of the total estimated project cost
o Includes all phases
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Re-Evaluation
 When federal funds for the project increase
beyond established thresholds
 An FHWA action needed when changes occur
 FHWA approvals or grants needed during
construction
 If federal funds are in excess of the established
threshold, the project will not qualify under
(c)(23)
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Process
 Upload all pertinent documentation to the
Project File
 Upload Environmental Verification Form
 Document Level Tab is left blank
o
Exempt Form Tab not generated
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Future Updates
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More to Come…
 Another Final Rule to follow soon…
 Four new c-list CE’s
 Three d-list moving to c-list
 Develop new CE PA
 BIG changes to Online CE
 Feature sets illustrating changes are in-process
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