ENVIRONMENTAL COMMITMENTS
STATE
PROJECT NO.
SECTION
NO.
ND
ABC-9-999(999)999
6
SHEET
NO.
ENVIRONMENTAL COMMITMENTS (EC): The North Dakota Department of Transportation and the Federal Highway Administration (remove if the project is state funded only) have has made environmental commitments to
secure approval of this project. The environmental commitments are as follows: (Please remove any wording that is not needed or is not applicable to the project)
STANDARD WORDING:
EC-1: Unavoidable permanent impacts will be mitigated onsite, adjacent to the project, or at a NDDOT approved mitigation site or bank in accordance with the mitigation guidance2, 3.
ACTION REQUIRED /TAKEN: x.xx acres of permanent USACE impacts to jurisdictional waters and x.xx acres of permanent impacts to EO11990 wetlands will require mitigation. The NDDOT will mitigate jurisdictional and EO
11990 impacts at (location) in the (name) Regional Service Area. X.xx acres of temporary impacts will result from construction. Temporary impact areas will be graded to preconstruction contours. Insert updated table
from the environmental document.
STANDARD WORDING EXAMPLE:
EC-1: Unavoidable impacts to wetlands will be mitigated onsite, adjacent to the project, or at a NDDOT approved mitigation site or bank.
ACTION REQUIRED /TAKEN: 0.81 acres of permanent impacts to USACE jurisdictional waters and 0.20 acres of permanent impacts to EO 11990 wetlands will require mitigation. The NDDOT proposes to mitigate by
compensation: 0.70 acres onsite for only USACE jurisdictional impacts, 0.07 acres onsite for only EO 11990, 0.11 acres onsite for both EO 11990 and USACE jurisdictional impacts, 0.30 acres at Vollrath 15/21 Easement Bank
for USFWS Wetland Easement Impact, and 0.02 at FHWA EO 11990 Mitigation Bank Vollrath 16/17 in the Red River Regional Service Area (see map in the Design Manual, Reference and Forms). 300 linear feet of
jurisdictional other water impacts will be mitigated by compensating onsite by wetland creation and 495 linear feet will be mitigated onsite by minimizing impacts by lowering the box culvert and riprap I foot. 2.65 acres of
temporary wetland impacts and 0.48 acres of other water impacts will result from construction activities. Temporary impact areas will be graded to preconstruction contours. Insert updated table from the environmental
document.
Wetland Impact Table
Wetland Mitigation
Wetland Impacts
(acres)
Wetland
Number
1
2
Location
Sec.19,
T146N,
R95W
Sec. 6,
T146N,
R95W
Cowardin
Class.
Wetland
Type
Wetland
Size
(acres)
Wetland
Feature
USACE
Jurisdictional
Wetlands1
Temp.
Perm.
PEMCx
Ditch
5
Artificial
Yes
1
0.6
PEMA
Basin
2
Natural
Yes
0.5
0.02
USFWS Easement
Impacts (acres)
Temp.
0.03
Perm.
0.3
Mitigation Required
Bank
EO
11990
USACE
USFWS
N
Y
N
Y
N
Y
3
Sec.6,
T146N,
R95W
PEMAx
Ditch
6
Artificial
No
0.05
0.2
N
N
N
4
Sec.30,
T146N,
R95W
PEMA
Basin
2
Natural
No
0.05
0.07
Y
N
N
5
Sec.30,
T146N,
R95W
PEMCx
Ditch
0.02
Artificial
No
1
1
N
N
N
6a
Sec.27,
T146N,
R95W
PEMA
Basin
2.33
Natural
Yes
0.05
0.11
Y
Y
N
Totals
17.35
2.65
1.89
0.03
0.3
Location
Onsite
acres
Vollrath 15/21
USFWS
Easement
0.3
Vollrath 16/17
11990
0.02
0.32
Mitigation
Location;
Ratio
Site 1;
(1:1)
acres
Site 2;
(1:1)
0.1
Constructed
Site #
Constructed
size (acres)
Site 1
0.50
Site 2
0.20
0.5
Site 3;
(1:1)
0.07
Site 3
0.07
Site 4;
(1:1)
0.11
Site 4
0.11
0.78
0.88
1
ENVIRONMENTAL COMMITMENTS
STATE
PROJECT NO.
SECTION
NO.
ND
ABC-9-999(999)999
6
Other Waters Impact Table
Other Waters
Other Water Mitigation
Size
Impacts to Other Waters
Number
Location
Type
Acres
Linear
Feet
Feature
USACE
Jurisdictional1
Temp
Acres
OW 6b
Sec.19,
T146N,
R95W
Tributary
0.30
124
Natural
Yes
0.14
0.00
27.00
OW7
Sec. 6,
T146N,
R95W
Deepwater
0.12
NA
Natural
Yes
0.00
0.06
OW8
Sec.6,
T146N,
R95W
Tributary
0.90
500
Natural
Yes
0.20
OW9
Sec.30,
T146N,
R95W
Named
Stream
0.40
300
Natural
Yes
OW10
Sec.19,
T146N,
R95W
Named
Stream
1.50
150
Natural
OW11
Sec.30,
T146N,
R95W
Tributary
0.20
42
Natural
Totals
3.42
1116
Mitigation Required
EO
11990
USACE
USFWS
Mitigation
Location; ratio
Method
0.00
N
N
N
NA
NA
0.00
0.00
N
N
N
NA
NA
0.10
200.00
330.00
N
Y
N
onsite
0.1 at Site 2;
(1:1)
Wetland
creation
0.07
0.07
75.00
75.00
Y
Y
N
NA
60" pipe
lowered 1'
Yes
0.07
0.22
60.00
420.00
Y
Y
N
on site
Box culvert
and riprap
lowered 1'
Yes
0.00
0.00
0.00
0.00
N
N
N
NA
NA
0.48
0.45
362.00
825.00
Perm
Linear Feet
Temp
Perm
Include these footnotes underneath one impact table (wetland or other water)
1
A wetland Jurisdictional Determination was issued by the USACE on x/xx/xxxx; NWO-xxxx-xxxx-BIS.
2 All
impacts to natural wetlands (natural/jurisdictional and natural/non-jurisdictional), regardless of size, as well as impacts greater than 0.10 acre to artificial/jurisdictional wetlands require mitigation.
3 All
artificial/non-jurisdictional, deep water (impacts greater than 6.6 feet), Other Waters less than 300 linear feet (determined by the USACE on a case by case), and temporary impacts do not require mitigation.
Summary Impact Table
Total Permanent Impact
Summary
Temporary Impacts and
additional information
Wetland
Type
Total
(Acres)
Wetland
Type
Temporary
JD
Total
(Acres/Lf)
Natural/JD
0.00
Natural/NonJD
0.20
Non-JD
Temporary
1.10
Artificial/JD
0.60
Permanent
JD > 0.10
0.60
Artificial
/Non-JD
0.09
Permanent
OW
0.45 ac/825
ft.
Total
0.89
Temporary
OW
0.25/632
1.00
SHEET
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ENVIRONMENTAL COMMITMENTS
STATE
PROJECT NO.
SECTION
NO.
ND
ABC-9-999(999)999
6
Do Not include the table or the text below in the plans.
This table below has been provided as a guide to aid the Designer in determining whether mitigation is required for this project.
Compensation Requirements by Agency and Water
Type
Water Type
USACE Mitigation
EO 11990 Mitigation
> 0.1 acre
All
No mitigation required
All
> 0.1 acre
No mitigation required
No mitigation required
No mitigation required
No mitigation required
No mitigation required
Other Water
> 300 linear feet
No mitigation required
Pream ble
No mitigation required
No mitigation required
Natural/JD
Wetland
Natural/NonJD Wetland
Artificial/JD
Wetland
Artificial/No
n-JD
Wetland
Deep Water
(> than 6.6
feet)
EMERGENCY RELIEF PROJECT WORDING:
EC-1: Unavoidable impacts to wetlands will be mitigated onsite, adjacent to the project, or at a NDDOT approved mitigation site or bank.
ACTION REQUIRED /TAKEN:. x.xx acres of permanent impacts to USACE jurisdictional wetlands will require mitigation. The NDDOT proposes to mitigate these USACE impacts at (location) in the (name) Regional Service
Area. x.xx acres of natural/non-jurisdictional permanent wetland impacts will be mitigated at (List MOA Bank) per agency MOA.
EXAMPLE IF NO WETLAND IMPACTS OR ENVIRONMENTAL COMMITMENTS EXIST: (Section 75 sheets are not needed if there are no wetland impacts)
Based on the NEPA documentation, no additional permits or environmental commitments have been identified beyond what is covered by the NDDOT’s Standard Specification of Road and Bridge Construction.
Wetland
Number
Cowardin
Classification
Wetland
Type
Wetland
Size
(acres)
Wetland
Feature
Impacts to
Wetlands
USACE
Jurisdictional
Wetlands
Temp.
Perm.
**NO WETLANDS PRESENT**
TOTALS:
0.00
0.00
0.00
EXAMPLE IF WETLANDS ARE PRESENT BUT WORK DOES NOT INCLUDE EARTHWORK (ex. in a HBP overlay only project): (Section 75 sheets are not needed if there are no wetland impacts)
Based on the NEPA documentation, no additional permits or environmental commitments have been identified beyond what is covered by the NDDOT’s Standard Specification of Road and Bridge Construction.
Wetland
Number
Cowardin
Classification
Wetland
Type
Wetland
Size
(acres)
Wetland
Feature
USACE
Jurisdictional
Wetlands
Impacts to
Wetlands
Temp.
Perm.
There are a number of adjacent wetlands within the project limits;
however, no impacts are anticipated within the limits of construction.
TOTALS:
0.00
0.00
0.00
*A wetland Jurisdictional Determination was issued by the USACE on xx/xx/xxxx; NWO-xxxx-xxxxx-BIS.
EC-2: All impacted riparian trees within the project right-of-way and easements must be mitigated for as directed by resource agencies.
ACTION REQUIRED /TAKEN: There are (total number) riparian trees within the project right-of-way and easements. Approximately (number) trees will be impacted during construction. (number) trees will be mitigated at
a (2:1) ratio in the impacted riparian corridor(s), as shown in these plans.
SHEET
NO.
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ENVIRONMENTAL COMMITMENTS
STATE
PROJECT NO.
SECTION
NO.
ND
ABC-9-999(999)999
6
SHEET
NO.
1
EC- 3: Impacted urban trees within the project right-of-way and easements must be mitigated for.
ACTION REQUIRED /TAKEN: There are (number) urban trees within the project right-of-way and easements. Approximately (number) of these trees will be impacted during construction and mitigated for as identified by
the municipality and in conjunction with the NDDOT. (number) trees will be mitigated at a 1:1 ratio in location(s) shown in these plans.
EC- 4: No construction or demolition activities will take place during the spawning season in the (Insert name of River, Stream, or Tributary) from April 15 to June 1.
EC-5: No construction or demolition activities will take place in the Red River Channel from March 15 to June 30.
EC-6: Please contact Jeani Borchert of the Environmental and Transportation Services Division for the exact wording of this Commitment and Action Taken along with the AVOIDANCE AREAS Plan Note. The contractor shall provide,
place, maintain, and remove safety fence as directed by North Dakota Department of Transportation representatives. See plan note 107-Pxx Avoidance Areas.
ACTION REQUIRED /TAKEN: During construction, the highway side of avoidance area site (site number) will be fenced to insure there are no unanticipated impacts to the site(s). The contractor shall provide, place, maintain,
and remove safety fence as directed by North Dakota Department of Transportation representatives. See plan note 107-Pxx Avoidance Areas.
EXAMPLE PLAN NOTE FOR CULTURAL COMMITMENTS
107-Pxx AVOIDANCE AREAS: The project engineer will contact Jeani Borchert of the Environmental and Transportation Services Division to coordinate any meetings needed to identify the limits of the avoidance area.
The site is at (location) (approximate Sta. (number) to Sta. (number)). This avoidance area within the right-of-way must not be disturbed and shall be fenced prior to commencement of any construction. The contractor
shall provide the fence and fence posts, install the fence in the location designated, maintain the fence, and remove the fence upon completion of the project. A quantity of (number) LF of (type of fence stated by Jeani
Borchert) has been included for this purpose. All costs to provide, place, maintain, and remove the fence shall be included in the price bid for “xxxxxx.”
EC-7: The project is located within the migration corridor of the endangered whooping crane, and suitable stopover habitat for the whooping crane is present. The migration periods of the whooping crane are April 1st to May 15th
and September 1st to October 31st.
ACTION TAKEN/REQUIRED: The contractor will notify the Project Engineer immediately in the event a whooping crane is identified within one mile of the Project Area. The Project Engineer will cease all construction
activities, establish an avoidance area, and immediately notify and coordinate with the USFWS, FHWA, and NDDOT. The contractor will not resume work within the avoidance area until the Project Engineer has confirmed
that the bird has left the area. In addition, if above ground utility lines are adjusted/relocated or newly installed as a result of this project, line markers (bird diverters) will be added at a ratio of 1:1 (per linear foot) to the
adjusted/relocated lines, and a 2:1 ratio to the newly installed lines. Refer to the Utility Conflict Plans regarding bird diverter information, and Relocation Utility Agreement.
EC-8: The Contractor shall prevent the introduction of ANS into North Dakota waters, or transport of aquatic vegetation to or from any waters of the state, or transport of any aquatic vegetation into the state.
ACTION TAKEN/REQUIRED: The contractor shall follow the North Dakota Game and Fish Department’s (NDGFD) Administrative Rules 30-3-06 for compliance with ND Century Code Chapter 20.1-17 on Aquatic Nuisance
Species (ANS). Contractor shall notify the NDGFD at least 72 hours prior to the placement IN or ON the waters of the State of North Dakota of any and all vehicles, vessels, pumps and equipment that will be used in the
project, to allow the Department sufficient time to inspect any and all such equipment for ANS. The NDGFD ANS Coordinator, Fred Ryckman, shall be contacted by phone (701.770.0920) or e-mail fryckman@nd.gov for
equipment inspections, or any additional information regarding ANS prevention protocol.
NOTIFICATIONS TO BE FILED BY CONTRACTOR:


North Dakota Department of Health SFN 17987 Asbestos Notification of Demolition and Renovation for bridges and boxes.
Federal Aviation Administration Notice of Proposed Construction or Alteration Form 7460-1 (online at http://oeaaa.faa.gov)
REMINDERS:
Permits should no longer be listed on the environmental commitments page. See the Special Provision for Permits and Environmental Considerations.
Migratory Bird Commitments should no longer be listed on the environmental commitments page. See Special Provision for 0004(14) Federal Migratory Bird Treaty Act.
Section 75 sheets are not needed if there are no wetland impacts.
Mitigation onsite should be shown in Section 75 and 200 of the plan set.
INFORMATION ON THIS SHEET IS AN EXAMPLE ONLY. ADD SPECIFIC PROJECT INFORMATION AND CHANGE NUMBERING AS NEEDED.