PROGRAMMATIC CATEGORICAL EXCLUSION APPROVAL AGREEMENT
BETWEEN
THE FEDERAL HIGHWAY ADMINISTRATION
AND
THE MINNESOTA DEPARTMENT OF TRANSPORTATION
The Federal Highway Administration, Minnesota Division, hereinafter FHWA, and the
Minnesota Department of Transportation, hereinafter MnDOT, have developed this
programmatic agreement to describe the policy and procedures for environmental processing of
certain "Categorical Exclusion" (CE) actions as defined in section 23 CFR 771.117 which are
normally found to have no significant social, economic, and environmental effects. MnDOT
will act in place of the FHWA in determining that federal environmental requirements are met on
the types of categorical exclusion actions identified in this agreement.
The FHWA hereby concurs in advance, on a programmatic basis, with MnDOT's
determination that those types of actions satisfying conditions and criteria in attachment "B" will
not result in significant environmental impacts, either individually or cumulatively, and are
therefore categorical exclusions and satisfy the requirements of Executive Order 12898, ”Federal
Actions to Address Environmental Justice in Minority Populations and Low-Income Populations”.
These actions will not require individual documentation submitted to the FHWA. Examples of
these actions are in 23 CFR Part 771.117(c) and Attachment "A".
PROCESS - Where MnDOT determines the action may be processed as described in this
Agreement, the determination shall be appropriately documented. “Documentation" as referred to
in this agreement is the appropriate engineering and environmental documentation required for a
federally funded highway project.
MnDOT shall notify the FHWA that CE concurrence for the project was programmatically
approved in accordance with this Agreement at the time authorization to proceed using Federal
funds is requested.
Documentation will be retained and accessible to authorized representatives of the FHWA and
MnDOT for a minimum of 3 years following submittal of the final project voucher. Electronic
files meeting Federal and State requirements may eventually replace "hard copy".
AGREEMENT REVISIONS - This Agreement may be modified by mutual consent at any time.
Attachments may be revised by mutual consent of the Division Administrator of the FHWA and
the Commissioner of the Minnesota Department of Transportation or designate.
AGREEMENT TERMINATION - This Agreement may be terminated in writing by FHWA or
MnDOT at any time.
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APPROVAL OF AGREEMENT
The undersigned have reviewed this Agreement and determined that it complies with the laws,
regulations, and policies applicable to the FHWA and MnDOT.
Accordingly, it is hereby approved and becomes effective on the last date noted below.
2/9/98
Date
___________________________________
James N. Denn
Commissioner
Minnesota Department of Transportation
2/18/98
Date
____________________________________
Alan R. Steger
Division Administrator
Federal Highway Administration
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ATTACHMENT "A"
In addition to the actions covered under 23 CFR 771.117(c), the following actions that meet the
criteria and conditions in Attachment "B" shall be processed by MnDOT under this
programmatic categorical exclusion approval agreement:
1.
*2.
*3.
4.
5.
6.
7.
8.
9.
*10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
*21.
*22.
*23.
*24.
Pavement resurfacing, restoration, or rehabilitation.
Junkyard screening.
Erosion and water pollution control work.
Acquisition and/or preservation of minor amounts of abandoned railroad right of way.
Architectural planning, research, and site investigations.
Anti-skid treatments.
Curb/gutter repairs or construction.
Repair or construction of sidewalks, ramps, or handrails as required by the Americans
with Disabilities Act.
Mechanical, electrical, lighting or traffic signal work.
Traffic detours.
Surfacing existing unpaved roadway or bikeways.
Impact attenuator and glare screen installation.
Retaining wall restoration, fencing, guardrail installation or replacement, intermittent
resurfacing, restoration or replacement of drainage structures.
Shoulder resurfacing, restoration, or rehabilitation
Installation of turn lanes at roadway intersections.
Change of driveway/access configuration.
Upgrading safety features.
Traffic demand management activities (such as ramp metering and high occupancy
vehicle ramp bypasses).
Improvements to existing waysides and scenic overlooks.
Disposal of excess right of way.
Bridge rehabilitation, deck replacement or painting.
Bridge replacement on existing alignment with minor impacts associated with placement
of fill material.
Railroad crossing work outside of existing right of way.
Reconstruction and/or widening of roadway on existing alignment with NO additional
through lanes, continuous turn lanes, or auxiliary lanes.
* ACTION WITH HIGHER POTENTIAL FOR ENVIRONMENTAL IMPACTS
1/30/98
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ATTACHMENT "B"
SECTION 4(f) or 6(f): The action does not use Section 4(f) property; OR the Negative
Declaration/4(f) statement by the FHWA dated May 23, 1977 for bikeway/walkways applies to
the action.
HISTORIC / ARCHAEOLOGICAL: The provisions of the National Historic Preservation Act
have been satisfied by no involvement as per the “Programmatic Agreement between FHWA,
MnDOT, the Advisory Council on Historic Preservation and the Minnesota State Historic
Preservation Officer regarding implementation of the Federal Aid Highway Program in
Minnesota”; OR the action does not occur within any areas of effect on properties eligible for, or
listed on, the National Register of Historic Places as concurred by the Minnesota State Historic
Preservation Officer's opinion.
THREATENED OR ENDANGERED SPECIES: The action does not affect species or critical
habitat protected by the Endangered Species Act; OR does not adversely affect species or critical
habitat as per written correspondence with the United States Fish and Wildlife Service.
RIGHT OF WAY: The action requires no or minor amounts of new right of way or temporary
easement, minor access change, no relocations, and has low risk of hazardous materials
involvement.
FARMLAND: The action will not involve the acquisition of farmland; OR form AD-1006 of the
Farmland Protection Policy Act has been completed and provided to the Natural Resources
Conservation Service.
SECTION 404: The action does not involve placement of fill into Waters of the United States
(33 CFR 328); OR a NATIONWIDE 404 Permit applies.
FLOODPLAINS: The action does not encroach into a floodplain; OR the impact is not
significant (Executive Order 11988; Federal Aid Policy Guide section 650.105.q).
WETLANDS: The action does not impact or encroach into wetlands; OR documentation is
available demonstrating compliance with the requirements of Executive Order 11990 and
USDOT Order 5660.1A.7.g.
NOISE: The action is not a type I action in accordance with Section 772 of the Federal Aid
Policy Guide and will not significantly impact noise levels.
AIR: The action will not significantly impact air quality.
PUBLIC CONTROVERSY: The action is not controversial.
1/30/98
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