Month 20XXDRAFTDESIGN REPORT PIN XXXX.XX

Month 20XXDRAFTDESIGN REPORT PIN XXXX.XX

Month 20XXDRAFTDESIGN REPORT PIN XXXX.XX

CHAPTER 4- SOCIAL, ECONOMIC andENVIRONMENTAL CONDITIONS and CONSEQUENCES

4.1 Introduction[for complex (EIS) projects]

General introductory statement

Ensure that information presented here is consistent with all other sections of the design report, and particularly with Chapter 1.

Section 4.1 may contain the following subsections, as appropriate:

4.1.1 Environmental Classification and Lead Agencies

NEPA Classification

[For projects with no federal funding]

This project is 100% State funded; therefore, following the FHWA NEPA process is not required.

On 100% state projects, NYSDOT does not follow the NEPA process. However, when the project requires the granting of a permit by a federal agency (e.g., Corps permit), that agency is required to follow their own NEPA process. In such cases, the Region may be required to submit additional information to the federal agency in support of the agency’s NEPA requirements.

[For projects with federal funding]

This project is classified as a NEPA Class I, II OR III action in accordance with 23 CFR 771.115.

[For projects with Federal funding and qualifying as a NEPA Class II Automatic Categorical Exclusion]

See the ‘C List’ of actions referred to in Part II, Automatic Categorical Exclusionsof the NEPA Assessment Checklist. Even if YES to question 2 of the Checklist, there may be specific environmental issues that still require an action such as an EO 11990 Individual Wetland Finding or a determination of effect on cultural resources. The project is still an Automatic Categorical Exclusion but the necessary action must be taken, such as obtaining FHWA's signature on the wetland finding.

The project is considered to be a NEPA Class II action as defined by 23 CFR 771.117(c) (the ‘C List’), and qualifies as an Automatic Categorical Exclusion. This project meets the description of #8 of the ‘C List’:“installation of fencing, signs, pavement markings, small passenger shelters, traffic signals and railroad warning devices where no substantial land acquisition or traffic disruption will occur.” No FHWA concurrence is required prior to Design Approval.

[For projects with Federal funding and qualifying as a NEPA Class II Programmatic Categorical Exclusion (CE) or NEPA Class IICategorical Exclusion (CE) with Documentation]

  • To determine if a project is a Programmatic CE or a CE with Documentation do the following:
  • Determine if the project is one of the types listed in 23 CFR 771.117(d) (
  • Complete the NEPA Assessment Checklist,
  • Programmatic CE:
  • If questions 3 – 21 are answered NO, the project is a Programmatic CE
  • If questions 3 – 20 are answered NO, question 21 is answered YES, and questions 22i – v are answered YES, the project is a Programmatic CE.
  • CE with Documentation:
  • If any of questions 3 – 20 are answered YES, the project is a CE with Documentation
  • If questions 3 – 20 are answered NO, question 21 is answered YES, and any of questions 22i – v are answered NO, the project is aCE with Documentation; question 23 must be answered in this instance.
  • Each YES or NO answer requiring documentation must be concisely documented to explain why the response does not cause a significant environmental impact.

Aftercompletionof the NEPA Assessment Checklist (included in Appendix ---)it has been determined that the project is a Class II Programmatic Categorical Exclusion. This is because it will not cause a significant environmental impact, either individually or cumulatively. As a Programmatic Categorical Exclusion, the project is exempt under NEPA from the requirement to prepare an Environmental Impact Statement (EIS) or an Environmental Assessment (EA).

OR

Aftercompletionof the NEPA Assessment Checklist (included in Appendix ---)it has been determined that the project meets the requirement(s) of a Class II Categorical Exclusion with Documentation. This determination requires FHWA’s concurrence. [Provided this concurrence is issued, the project is not required to have an Environmental Impact Statement (EIS) or Environmental Assessment (EA) prepared under NEPA.] Use previous statement or: [FHWA’s concurrence memo of ___/___/___ is included in Appendix ___. This project is, therefore, not required to have an Environmental Impact Statement (EIS) or Environmental Assessment (EA) prepared under NEPA.] This is because Class II Categorical Exclusion with Documentationis a class of actions that do not cause significant environmental impacts, either individually or cumulatively.

The NEPA Assessment Checklist is included in Appendix ---. As noted in thechecklist,question(s) _, _, and _ require(s) supporting documentation. This documentation also is included in [Appendix ---] or [sections----] of this report.

[For projects with Federal funding and qualifying as a NEPA Class I Environmental Impact Statement]

The project is classified as a NEPA Class I project in accordance with 23 CFR 771. NEPA Class I projects require the preparation of an Environmental Impact Statement to determine the likely impact the proposed project alternatives will have on the environment.

SEQR Classification and Lead Agencies

17 NYCRR Part 15 can be found here.

[For SEQR Non-Type II Environmental Assessment (EA) projects]

The Department has determined that this project is a SEQR Non-Type II Action in accordance with 17 NYCRR Part 15 - Procedures for Implementation of State Environmental Quality Review Act. SEQR Non-Type II projects include actions for which the environmental impacts are not clearly established and require an Environmental Assessment (EA). The project is being progressed as SEQR Non-Type II (EA) because: cite the applicable section(s) of 17 NYCRR Part 15.14(d), e.g., the need to acquire more than one acre in an agricultural district, or the extent or significance of the effects is unknown.

Example language: The Route 7 bridge has been determined to be National Register Eligible. Under 17 NYCRR Part 15.14(d) (6), a Type II action has “no effect on any district, site, structure or object that is listed, or may be eligible for listing, on the National Register of Historic Places.” This project, with its potential effects to the bridge, does not meet the Type II criteria, and is therefore classified as a Non-Type II (EA) project.

(Guidance on preparing a Determination of No Significant Effect (DONSE) notice is available in the PDM; also, notice examples are included in PDM App. 3 and samples posted on the PDM web page.)

[For SEQR Non-Type II Environmental Impact Statement (EIS) projects]

This project is 100% state funded. The project is classified as a State Environmental Quality Review Act (SEQRA) Non-Type II action (EIS) in accordance with 17 NYCRR Part 15 - Procedures for Implementation of State Environmental Quality Review Act.

4.1.2Coordination withagencies

NEPA Cooperating and Participating Agencies

[For projects with no federal funding]

This project is 100% State funded; therefore, following the FHWA NEPA process is not required. On 100% state projects, NYSDOT does not follow the NEPA process. However, when the project requires the granting of a permit by a federal agency (e.g., Corps permit), that agency is required to follow their own NEPA process. In such cases, the Region may be required to submit additional information to the federal agency in support of the agency’s NEPA requirements.

[For projects with federal funding]

[Example Letters 3-6 and 3-7 in Appendix 3 of the Project Development Manual (PDM), and links within, may be helpful]

The following agencies have been identified as Cooperating Agencies in accordance with

23 CFR 771:

List agencies

Guidance on using this shell:

•RED TEXT offers choices; chose one or all paragraphs that apply.

•BLUE TEXT is hyperlinks to web pages.

•GREEN TEXT instructs the writer of action to be taken; such as, text that needs to be added to address the project or informs the writer of important information.

•BLACK text is the text to be included in the report (after selecting one of the choices and deleting the non-selected choices)

•Be sure to change or delete ALL colored text before submittal.

•ALL COLORED TEXT WILL NEED TO BE INDIVIDUALLY CLICKED ON AND CHANGED/DELETED BEFORE YOU PRINT.

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