Programmatic Agreement for Approval of Categorical Exclusions
Programmatic Agreement for Approval of Categorical Exclusions
Programmatic Agreement for Approval of Categorical Exclusions
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
I<br />
I<br />
I<br />
I General<br />
PROGRAMMATIC AGREEMENT<br />
FOR APPROVAL OF CATEGORICAL EXCLUSIONS<br />
BETWEEN THE FEDERAL HIGHWAY ADMINISTRATION<br />
AND THE MASSACHUSETTS HIGHWAY DEPARTMENT<br />
The Federal Highway Administration (FHWA) and the Massachusetts Highway Department<br />
(MassHighway) have developed this <strong>Programmatic</strong> <strong>Agreement</strong> to outline the policy and procedures <strong>for</strong><br />
the processing <strong>of</strong> <strong>Categorical</strong> <strong>Exclusions</strong> (CEs) <strong>for</strong> Federal-aid Actions under the National Environmental<br />
Policy Act (NEPA). These procedures comply with FHWA regulations titled Environmental Impact and<br />
Related Procedures, in 23 CFR 771. This agreement supersedes MassHighway's Policy Directive<br />
No. 90-04, <strong>Categorical</strong> <strong>Exclusions</strong> <strong>for</strong> Federal-Aid Actions and accompanying CE checklist and detailed<br />
instructions.<br />
FHWA coricurs in advance, on a "programmatic" basis, with MassHighway's designation that those types<br />
<strong>of</strong> projects that satisfy certain conditions identified in this agreement will not result in significant social,<br />
economic, and environmental impacts, and are, there<strong>for</strong>e, categorically excluded from the requirement to<br />
prepare an Environmental Assessment (EA) or Environmental impact Statement (EIS).<br />
Definition <strong>of</strong> <strong>Categorical</strong> <strong>Exclusions</strong><br />
Categor icai <strong>Exclusions</strong> are actions which meet the definition contained in 23 CFR 771 .I 17(a), that is, they<br />
are actions which individually or cumulatively do not involve si~nificant environmental impacts. They are<br />
actions which:<br />
9 Do not induce significant impacts to planned growth or land use <strong>for</strong> the area;<br />
9 Do not require the relocation <strong>of</strong> significant numbers <strong>of</strong> people;<br />
P Do not have a significant impact on any natural, cultural, recreational, historic or other resource;<br />
9 Do not involve significant air, noise, or water quality impacts; or<br />
9 Do not have significant impact on travel patterns.<br />
In addition, regulation 23 CFR 771.1 17(b) states that any action which would normally be classified as a<br />
CE, but could involve unusual circumstances, will require that MassHighway, in cooperation with the<br />
FHWA, conduct appropriate environmental studies to determine if the CE classification is proper.<br />
Such unusual circumstances include:<br />
9 Significant environmental impacts;<br />
P Substantial controversy on environmental grounds;<br />
P Significant impact on properties protected by Section 4(f) <strong>of</strong> the DOT Act or Section 106 <strong>of</strong> the<br />
National Historic Preservation Act; or<br />
9 Inconsistencies with any federal or state law, requirement or administrative determination relating<br />
to the environmental aspects <strong>of</strong> the action.
Additionally, the FHWA and MassHighway concur that, <strong>for</strong> a project to be classified as a CE, the following<br />
two conditions must be met:<br />
i+ The project con<strong>for</strong>ms to the U.S. EPA's Transportation Con<strong>for</strong>mity Regulations and the<br />
Massachusetts Air Quality State Implementation Plan, and;<br />
3 The project is consistent with the Massachusetts Coastal Zone Management Plan as determined<br />
by the Massachusetts Office <strong>of</strong> Coastal Zone Management.<br />
Processing <strong>of</strong> <strong>Categorical</strong> <strong>Exclusions</strong><br />
The foilowing section provides in<strong>for</strong>mation on processing the three levels <strong>of</strong> CEs (Automatic,<br />
<strong>Programmatic</strong>, and Individual) to be used as part <strong>of</strong> this <strong>Programmatic</strong> <strong>Agreement</strong>.<br />
Automatic <strong>Categorical</strong> <strong>Exclusions</strong><br />
Based on past experience with similarly environmentally insignificant actions, FHWA and MassHighway<br />
have concluded and are documenting under this <strong>Agreement</strong> the actions (listed below) that constitute CE<br />
actions and will not indirectly or cumulatively cause significant impacts to the human or natural<br />
environment. These actions meet the criteria <strong>of</strong> 23 CFR 771 .I 17(a) and (c) "and normally do not require<br />
any further NEPA reviews by the Administrationn. The Environmental Section's Deputy Chief Engineer, or<br />
hislher designee, shall confirm that these actions meet the above criteria <strong>for</strong> Automatic CE.<br />
All Automatic CE determinations made by MassHighway must be documented. The <strong>Categorical</strong> Exclusion<br />
Determination Checklist will serve as this documentation.<br />
List <strong>of</strong> Automatic CE's<br />
Activities that do not involve or lead directly to construction, such as planning and technical<br />
studies; grants <strong>for</strong> training and research programs; research activities; approval <strong>of</strong> a unified work<br />
program; approval <strong>of</strong> Statewide Transportation Improvement Program and any findings required<br />
in the planning process; approval <strong>of</strong> project concepts <strong>for</strong> interstate substitution; engineering to<br />
define the elements <strong>of</strong> a proposed action or alternatives so that social, economic and<br />
environmental effects can be assessed; and Federal-Aid system revisions which establish<br />
classes <strong>of</strong> highways on the Federal-Aid highway system;<br />
<strong>Approval</strong> <strong>of</strong> utility installations along or across a transportation facility;<br />
Construction <strong>of</strong> bicycle and pedestrian lanes, paths, and facilities;<br />
Activities included in MassHighway's "highway safety plan," and funded by Highway Related<br />
Safety Grants (402 Safety Program);<br />
The installation <strong>of</strong> noise barriers or alterations in existing publicly owned buildings to provide <strong>for</strong><br />
noise reduction;<br />
Landscaping;<br />
Installation <strong>of</strong> fencing, signs, pavement markings, small passenger shelters, traffic signals, and<br />
railroad warning devices where no substantial land acquisition or traffic disruption will occur;<br />
Emergency repairs under the Emergency Relief Program;<br />
Acquisition <strong>of</strong> scenic easements;<br />
Determination <strong>of</strong> payback <strong>for</strong> property previously acquired with Federal-Aid participation;<br />
Improvements to existing rest areas and truck weigh stations;<br />
Ridesharing activities;
P Alterations to facilities to make them accessible to elderly and handicapped persons.<br />
<strong>Programmatic</strong> <strong>Categorical</strong> Exctusions<br />
There are additional actions that qualify as CEs under 23 CFR 771.1 17(d). The FHWA and MassHighway<br />
have agreed to a <strong>Programmatic</strong> CE classification and approval process <strong>for</strong> these actions. If each <strong>of</strong> the<br />
following conditions is satisfied, an action is automatically classified as a CE and does not require<br />
additional approval by FHWA.<br />
1. The action does not have any significant environmental impacts as described<br />
in 23 CFR 771.1 17(a).<br />
2. The action does not involve unusual circumstances as described in 23 CFR 771.1 17(b).<br />
3. The action does not involve the following:<br />
the acquisition <strong>of</strong> more than minor amounts <strong>of</strong> permanent right-<strong>of</strong>-way; such acquisitions<br />
will not require any commercial or residential displacement;<br />
substantial environmental impact anticipated from the intended future use <strong>of</strong> land<br />
involved in a sale, transfer, or lease <strong>of</strong> state-owned property;<br />
a determination <strong>of</strong> adverse effect by the State Historic Preservation Officer;<br />
a disproportionately high and adverse impact on minority or low-income populations;<br />
a Type I action requiring a noise assessment;<br />
the use <strong>of</strong> properties protected by Section 4(f) <strong>of</strong> the Department <strong>of</strong> Transportation Act<br />
necessitating the preparation <strong>of</strong> an Individual Section 4(f) Evaluation;<br />
the use <strong>of</strong> properties protected by Section 6(f) <strong>of</strong> the Land and Water Conservation Act;<br />
a U.S. Army Corps <strong>of</strong> Engineers Individual Section 404 permit;<br />
a U.S. Coast Guard construction permit;<br />
an average <strong>of</strong> greater than one-half acre <strong>of</strong> wetlands impact<br />
per linear mile;<br />
an effect on a federally-listed threatened or endangered species or critical habitat;<br />
an adverse impact on a regulatory fioodway or the base floodplain (100-year flood)<br />
elevations <strong>of</strong> a water course or water body;<br />
m. construction in, across, or adjacent to a river designated as a component in the<br />
National System <strong>of</strong> Wild and Scenic Rivers;<br />
n. an effect on prime or unique farmland;<br />
o. work within or adjacent to a known Superfund site;<br />
p. any changes in access control;<br />
q. the use <strong>of</strong> a temporary road, detour or ramp closure unless the use <strong>of</strong> such facilities<br />
satisfy the following conditions:<br />
1) provisions are made <strong>for</strong> access by local traffic and so posted;
2) through-traffic dependent business will not be adversely affected;<br />
3) the detour or ramp closure, to the extent possible, will not interfere with any<br />
local special event or festival;<br />
4) the temporary road, detour or ramp closure does not substantially change the<br />
environmental consequences <strong>of</strong> the action;<br />
5) there is no substantial controversy associated with the temporary road, detour,<br />
or ramp closure;<br />
All programmatic CE determinations made by MassHighway under this blanket classification must be<br />
supported by documentation that indicates that all the required conditions are satisfied. The<br />
<strong>Categorical</strong> Exctusion Determination Checklist with supporting documentation will serve as this<br />
documentation.<br />
As early as possible in the design phase, the MassHighway project manager will be responsible <strong>for</strong><br />
ensuring that the checklist is completed and has obtained the signature <strong>of</strong> the MassHighway<br />
Environmental Section Deputy Chief Engineer or hisiher designee on the checklist.<br />
lndividual <strong>Categorical</strong> <strong>Exclusions</strong><br />
Actions that do not satisfy the conditions <strong>for</strong> a programmatic CE may still qualify as a CE, but approval <strong>of</strong><br />
the action as an lndividual CE is needed from FHWA. In this case, as early as possible in the design<br />
phase, the MassHighway project manager must coordinate the completion <strong>of</strong> a <strong>Categorical</strong> Exclusion<br />
Checklist, with adequate supporting in<strong>for</strong>mation attached, that clearly establishes that the proposed action<br />
has little or no potential <strong>for</strong> significant environmental impacts. The signature <strong>of</strong> the MassHighway<br />
Environmental Section Deputy Chief Engineer or hislher designee on the CE Determination Checklist is<br />
required. The MassHighway project manager must then <strong>for</strong>mally submit this documentation to FHWA <strong>for</strong><br />
approval <strong>of</strong> the action as an lndividual CE determination.<br />
In all cases, the MassHighway project manager is responsible <strong>for</strong> indicating to the FHWA that the action<br />
qualifies as either an Automatic, <strong>Programmatic</strong>, or lndividual CE in routine early design submittals. This<br />
documentation will become a permanent part <strong>of</strong> the project file and will be available <strong>for</strong> FHWA review<br />
upon request.<br />
Additional in<strong>for</strong>mation concerning the completion <strong>of</strong> the CE checklist can be found in the<br />
MassHighway <strong>Categorical</strong> Exclusion Determination Checklist Detailed Instructions.<br />
Federal Highway Administration<br />
Massachusetts Division
I<br />
CATEGORICAL EXCLUSION (CE) DUERNINATION CHECKLIST<br />
Section 1 Proiect In<strong>for</strong>mation<br />
CityRown MassHighway Project Number<br />
MassHighway District Federal-Aid Number<br />
Route or Road Name Project Manager or Preparer<br />
Section 2 Proiect Description and Purpose<br />
Briefly describe the project, including purpose, location, and limits. If necessary, additional sheets<br />
may be attached to the checklist.<br />
Starting with Section 3, answer the questions by checking Yes or No.<br />
After each <strong>of</strong> the following sections there will be instructions that direct the preparer to either stop<br />
completing the checklist or continue to the next section <strong>of</strong> the checklist. All supporting '<br />
documentation should be attached to the checklist. The preparer should refer to<br />
MassHighway's <strong>Categorical</strong> Exclusion Checklist Detailed Instructions <strong>for</strong> further in<strong>for</strong>mation and<br />
guidance on completing this checklist.<br />
Section 3 Automatic <strong>Categorical</strong> Exclusion YES NO<br />
1. Is the Project an Automatic CE?<br />
If Yes, the remainder <strong>of</strong> checklist does not have to be completed and the checklist should<br />
be included in the project file. If No, the preparer should complete Section 4 below. A list<br />
<strong>of</strong> projects that qualify as an Automatic CE is provided in the <strong>Categorical</strong> Exclusion<br />
Detailed Instructions.<br />
Section 4 <strong>Categorical</strong> Exclusion<br />
2. Does the project induce significant impacts to planned growth or<br />
land use <strong>for</strong> the area?<br />
3. Does the project require the relocation <strong>of</strong> significant numbers <strong>of</strong><br />
people?<br />
4. Does the project have a significant impact on any natural, culturai,<br />
recreational, historic or other resource?<br />
0 a<br />
0<br />
C1 0
Does the project involve significant air, noise or water quality<br />
impacts?<br />
Does the project have a significant impact on travel patterns?<br />
Does the project involve substantial controversy on environmental<br />
grounds?<br />
Does the project have significant impact on properties protected by<br />
Section 4(f) <strong>of</strong> the DOT Act, or Section 106 <strong>of</strong> the<br />
National Historic Preservation Act?<br />
Is the project inconsistent with any federal or state requirement or<br />
administrative determination relating to the environmental aspects <strong>of</strong><br />
the action?<br />
Is the project inconsistent with the Massachusetts Coastal Zone<br />
Management Plan as determined by the Massachusetts Office <strong>of</strong><br />
Coastal Zone Management?<br />
Yes No<br />
El e-l<br />
If the answer <strong>for</strong> any <strong>of</strong> the questions within Section 4 is Yes then the proiect does not qualify<br />
as a CE and an EA or EIS is required. If the answer <strong>for</strong> all <strong>of</strong> the questions within Section 4 is<br />
No, the preparer should complete Section 5 below.<br />
Section 5 <strong>Programmatic</strong> <strong>Categorical</strong> Exclusion<br />
Does the project involve the permanent acquisition <strong>of</strong> more than<br />
minor amounts <strong>of</strong> right-<strong>of</strong>-way?<br />
If the action involves the sale, transfer, or lease <strong>of</strong> state-owned land,<br />
does the intended future use <strong>of</strong> such land result in any substantial<br />
environmental impact?<br />
Does the project have a determination <strong>of</strong> adverse effect by the<br />
State Historic Preservation Officer?<br />
Does the project have a disproportionately high and adverse impact<br />
on minority or low-income populations?<br />
Is the project a Type I action requiring a noise assessment?<br />
Does the project require the use <strong>of</strong> properties protected by<br />
Section 4(f) <strong>of</strong> the DOT Act necessitating the preparation <strong>of</strong> an<br />
Individual Section 4(f) Evaluation?<br />
Does the project require the use <strong>of</strong> properties protected by<br />
Section 6(f) <strong>of</strong> the Land and Water Conservation Act?
Does the project require an Army Corps <strong>of</strong> Engineers Individual<br />
Section 404 permit?<br />
Does the project require a U.S. Coast Guard construction permit?<br />
Within the project area, does the project result in an average <strong>of</strong><br />
greater than one-half acre <strong>of</strong> permanent wetland impact per linear<br />
mile?<br />
Does the project affect federally listed threatened or endangered<br />
species or critical habitat?<br />
Does the project adversely affect a regulatory floodway or the base<br />
floodplain (100-year flood) elevations <strong>of</strong> a watercourse or<br />
waterbody?<br />
Does the project involve construction in, across, or adjacent to a river<br />
designated as a component in the Natural System <strong>of</strong> Wild and<br />
Scenic Rivers?<br />
Does the project affect prime or unique farmland?<br />
Does the project involve work within or adjacent to a known<br />
Supetfund site?<br />
Does the action involve any changes in access control?<br />
If the project involves the use <strong>of</strong> a temporary road, detour or ramp<br />
closure, will any <strong>of</strong> the following conditions occur?<br />
o Provisions have not been made <strong>for</strong> access by local traffic;<br />
o Through-traffic dependent business will be adversely<br />
affected;<br />
o The detour or ramp closure will interfere with a local special<br />
event or festival;<br />
o The temporary road, detour or ramp closure will substantially<br />
change the environmental consequences <strong>of</strong> the action;<br />
o There is a substantial controversy associated with the<br />
temporary road, detour, or ramp closure.<br />
Yes<br />
123<br />
0<br />
0<br />
cl<br />
0<br />
0<br />
0<br />
cl<br />
0
(<br />
If the answers to all questions in Section 5 are "No" then the project qualifies as a <strong>Programmatic</strong><br />
CE. The checklist and all supporting in<strong>for</strong>mation should be submitted to the MassHighway Project<br />
Manager.<br />
If the answer <strong>for</strong> any <strong>of</strong> the questions in Section 5 is Yes then the proiect does not aualifv as a<br />
Prosrammatic CE and an Individual CE approval from FHWA is required. The preparer should<br />
attach to this checklist all supporting in<strong>for</strong>mation to clearly establish that there is little or no<br />
potential <strong>for</strong> significant impact. The Individual CE, and supporting in<strong>for</strong>mation, will be submitted to<br />
the FHWA Division Office <strong>for</strong> approval.<br />
I concur with this categorical exclusion determination:<br />
Environmental Section Deputy Chief Engineer<br />
Date
Section 1 Proiect In<strong>for</strong>mation<br />
<strong>Categorical</strong> Exclusion Detemindion Checklist<br />
Detailed Instructions<br />
Complete the Cityflown, MassHighway District, and RoutelRoad Name. Each project is issued a project file<br />
number and a federal-aid number. Contact the project manager <strong>for</strong> the correct number.<br />
Section 2 Project Description and Purpose<br />
Prepare a brief description <strong>of</strong> the project, including the project purpose, location, limits, existing conditions,<br />
proposed conditions, environmental impacts and mitigation. This project description is <strong>of</strong>ten prepared<br />
separately and attached to the CE checklist.<br />
When the proposed action is the disposition <strong>of</strong> land purchased wholly or in part with federal funds include a<br />
physical description <strong>of</strong> the site and its proposed use.<br />
Section 3 Automatic <strong>Categorical</strong> Exclusion<br />
Question 1 - The following is a list <strong>of</strong> project types that qualify as Automatic CEs according to<br />
MassHighwayls <strong>Programmatic</strong> <strong>Agreement</strong> <strong>for</strong> <strong>Approval</strong> <strong>of</strong> <strong>Categorical</strong> <strong>Exclusions</strong>.<br />
Activities that do not involve or lead directly to construction, such as planning and technical studies;<br />
grants <strong>for</strong> training and research programs; research activities; approval <strong>of</strong> a unified work program;<br />
approval <strong>of</strong> Statewide Transportation Improvement Program (STIP) and any findings required in the<br />
planning process; approval <strong>of</strong> project concepts <strong>for</strong> interstate substitution; engineering to define the<br />
elements <strong>of</strong> a proposed action or alternatives so that social, economic and environmental effects can<br />
be assessed; and Federal-Aid system revisions which establish classes <strong>of</strong> highways on the<br />
Federal-Aid highway system;<br />
<strong>Approval</strong> <strong>of</strong> utility installations along or across a transportation facility;<br />
Construction <strong>of</strong> bicycle and pedestrian lanes, paths, and facilities;<br />
Activities included in the state's "highway safety plan," and funded by Highway Related Safety<br />
Grants (402 Safety Program);<br />
The installation <strong>of</strong> noise barriers or alterations in existing publicly owned buildings to provide <strong>for</strong><br />
noise reduction:<br />
Landscaping;<br />
Installation <strong>of</strong> fencing, signs, pavement markings, small passenger shelters, traffic signals, and<br />
railroad warning devices where no substantial land acquisition or traffic disruption will occur;<br />
Emergency repairs under the Emergency Relief Program;<br />
Acquisition <strong>of</strong> scenic easements<br />
Determination <strong>of</strong> payback <strong>for</strong> property previously acquired with Federal-Aid participation;
3 Improvements to existing rest areas and truck weigh stations;<br />
9 Ridesharing activities;<br />
> Alterations to facilities to make them accessible to elderly and handicapped persons.<br />
Section 4 Cateqorical Exclusion<br />
Questions 2-1 0 - <strong>Categorical</strong> <strong>Exclusions</strong> are actions that do not, individually or cumulatively, involve<br />
sianificant environmental impacts. "Significant", as defined in the Council on Environmental Quality (CEQ)<br />
regulations (40 CFR 1508.27), requires the consideration <strong>of</strong> both context and intensity. Context and<br />
intensity can be defined as follows:<br />
Context<br />
The significance <strong>of</strong> a project varies with the setting and both short-term and long-term effects are relevant. In<br />
the case <strong>of</strong> a highway project, <strong>for</strong> example, the impact <strong>of</strong> removing twenty large trees in a heavily <strong>for</strong>ested<br />
rural area with hundreds <strong>of</strong> trees <strong>of</strong> the same size and type may not be regarded as significant. The impact <strong>of</strong><br />
removing twenty large trees from a tree-lined urban street may be regarded as significant.<br />
Intensitv<br />
This refers to the severity <strong>of</strong> impact. For example, a highway project with a perpendicular encroachment on a<br />
floodplain that raises the 100-year flood elevation by 0.1 inch may not be regarded as significant. A project<br />
with a longitudinal encroachment on the same floodplain that raises the 100-year flood elevation by eight<br />
inches may be regarded as significant.<br />
The preparer should remember that other agencies may be involved in decisions or permits <strong>for</strong> the project<br />
and they should be consulted about severity <strong>of</strong> impact.<br />
Question 2 - Examples <strong>of</strong> projects that may induce significant impacts to planned growth or land use:<br />
9 Construction <strong>of</strong> a highway on new location.<br />
9 Changing a segment <strong>of</strong> highway from partially or fully-controlled access to uncontrolled access.<br />
9 Modification <strong>of</strong> an existing interchange by adding or relocating ramps.<br />
9 Adding a new interchange to a highway.<br />
Question 3 - Determining the significance <strong>of</strong> a relocation <strong>of</strong> people requires the consideration <strong>of</strong> the "context"<br />
and "intensity" <strong>of</strong> that relocation. For example, the relocation <strong>of</strong> 100 people from two multi-family buildings in<br />
a densely populated urban area may not be considered significant while the relocation <strong>of</strong> 100 people from<br />
20 homes in rural area may be considered significant.<br />
Question 4 - These resources include, but are not limited to, wetlands, lakes, rivers, streams, plants, fish,<br />
wildlife, historic and archaeological resources, parkland and recreational areas. Historic resources are<br />
bridges, districts, structures, objects, or sites that are potentially eligible <strong>for</strong> or on the National Register <strong>of</strong><br />
Historic Places.<br />
Question 5 -Air Quality: A project can be assumed not to have significant air quality impacts if it is included<br />
in a con<strong>for</strong>ming Transportation Improvement Program (TIP), and, <strong>for</strong> only intersection projects and other<br />
required projects in CO nonattainment areas, a CO hot-spot analysis has been conducted (see 40 CFR<br />
93.109, 93.1 16, and 93.123). CO nonattainment area with Full Maintenance Plan: Boston Area - Boston,<br />
Cambridge, Chelsea, Everett, Malden, Med<strong>for</strong>d, Quincy, Revere, Somerville. CO nonattainment areas with<br />
Limited Maintenance Plan: Lowell, Springfield, Waltham, and Worcester. Noise: In most cases, there are no<br />
significant noise impacts if the project does not involve construction <strong>of</strong> a highway on new location or the
physical alteration <strong>of</strong> an existing highway that significantly changes either the horizontal or vertical alignment<br />
or increases the number <strong>of</strong> through-traffic lanes. Water Quality: A project can be assumed not to have<br />
significant water quality impacts if it is in compliance with Section 401 and Section 404 <strong>of</strong> the<br />
Clean Water Act.<br />
Question 6 -Types <strong>of</strong> projects that may have a significant impact on travel patterns are the same as those<br />
that may have a significant impact to planned growth or land use listed in Question 1 above.<br />
Question 7 - Substantial controversy on environmental grounds may be evident from written or oral<br />
comments received at any time during the development <strong>of</strong> the project, including during public meetings or<br />
hearings or as part <strong>of</strong> the MEPA process. Controversy would be considered substantial if it is founded on<br />
environmental grounds and it is <strong>of</strong> significant magnitude to warrant FHWA's consideration <strong>of</strong> the project as<br />
requiring an EA or an EIS.<br />
Question 8 - Section 4(f) applies to any federal-aid highway project requiring the use <strong>of</strong> land from a significant<br />
publicly owned park, recreation area, historic property, or wildlife or waterfowl refuge. A historic property may<br />
be a bridge, structure, site, object, or district. For purposes <strong>of</strong> Section 4(9, a historic site is significant only if it<br />
is eligible <strong>for</strong> or on the National Register, unless the FHWA determines that the application <strong>of</strong> Section 4(9 is<br />
otherwise appropriate. Publicly owned property is determined to be significant by the federal, state, or local<br />
<strong>of</strong>ficials having jurisdiction.<br />
Question 9 -A CE will not be approved unless it is consistent with all applicable federal or state laws,<br />
requirements or administrative determinations relating to the environmental aspects <strong>of</strong> the project.<br />
Question 10 - The Massachusetts Coastal Zone Management Plan applies to Federal-aid highway projects<br />
within the designated coastal zone. The designated coastal zone extends seaward from the coastline out to<br />
three miles and landward to 100 feet inland <strong>of</strong> specified roads and railroads. It includes all <strong>of</strong> Cape Cod,<br />
Martha's Vineyard and Nantucket. Projects that do not exceed any thresholds <strong>for</strong> the preparation <strong>of</strong> an<br />
Environmental Notification Form (ENF), in accordance with MEPA, can be assumed to be in compliance with<br />
the Massachusetts Coastal Zone Management Plan.<br />
Section 5 <strong>Programmatic</strong> <strong>Categorical</strong> Exclusion<br />
Question 11 -The permanent acquisition <strong>of</strong> greater than minor amounts <strong>of</strong> right-<strong>of</strong>-way is defined as more<br />
than 10 percent <strong>of</strong> a parcel under 10 acres in size, one acre <strong>for</strong> parcels 10 to 100 acres in size and<br />
one percent <strong>of</strong> the parcel <strong>for</strong> parcels greater than 100 acres in size. The documentation <strong>for</strong> permanent<br />
right-<strong>of</strong>-way takings should include a list that includes the name <strong>of</strong> the parcel owner, total parcel area, area <strong>of</strong><br />
the taking, and percentage <strong>of</strong> the total parcel area.<br />
Question 12 - If the action does not involve the sale, transfer, or lease <strong>of</strong> state-owned land, the answer to<br />
Question #I2 is "No". If the action is the sale, transfer, or lease <strong>of</strong> state-owned land then the intended future<br />
use <strong>of</strong> the land must be determined. The impacts from the intended future use will be considered "substantial"<br />
if they exceed the FHWA review thresholds <strong>for</strong> an Individual CE established in Questions 11, and 13 through<br />
27.<br />
Question 13 - The determination <strong>of</strong> adverse effect shall be made by the Massachusetts State Historic<br />
Preservation Officer (MA Historical Commission), in coordination with MassHighway's Environmental Section<br />
and FHWA.<br />
Question 14 - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority<br />
Populations and Low-Income Po~ulafjons (E012898) requires Federal agencies to achieve environmental<br />
justice by identifying and addressing disproportionately high and adverse human health and environmental<br />
effects, including the interrelated social and economic effects <strong>of</strong> their programs, policies, and activities on
minority populations and low-income populations in the United States. In response to EO 12898, FHWA has<br />
established policies and procedures to achieve environmental justice.<br />
Projects that otherwise qualify as <strong>Programmatic</strong> CEs are generally unlikely to be found to violate FHWA<br />
environmental justice policies, i.e., have a disproportionately high and adverse impact on minority or<br />
low-income populations. The types <strong>of</strong> projects that generally would not violate FHWAs Environmental Justice<br />
polices include, but are not limited to:<br />
> any project that qualifies as an Automatic CE;<br />
> transportation enhancement projects;<br />
> routine maintenance;<br />
> footprint bridge replacement;<br />
9 roadway resurfacing; and<br />
> roadway reconstruction including widening less than travel lane.<br />
However, determining whether a project has a disproportionately high and adverse impact on minority or<br />
low-income populations requires a three-step process.<br />
I. Determine if minority or low-income populations in the project area exceed the state mean average<br />
<strong>of</strong> these populations. The source <strong>of</strong> this in<strong>for</strong>mation is U.S. Census Block Data.<br />
If these populations exist then continue below.<br />
2. Analyze the future condition on the minority and low-income populations within the study area with<br />
and without the proposed transportation project considering:<br />
9 positive and negative impacts;<br />
9 short- and long-term impacts;<br />
> the magnitude and context <strong>of</strong> all project impacts, including a consideration <strong>of</strong> the public's<br />
perception <strong>of</strong> the impacts.<br />
3. Determine whether potential project impacts would disproportionately affect minority or low-income<br />
populations in the project area.<br />
Refer to the following definitions when considering environmental justice.<br />
Minority Po~ulation - A minority population is a readily identifiable group <strong>of</strong> minority persons (Black, Hispanic,<br />
Asian American, American Indian, or Alaskan Native) living in geographic proximity <strong>of</strong> each other.<br />
Low-Income Population -A low-income population is a readily identifiable group <strong>of</strong> persons living in<br />
geographic proximity <strong>of</strong> each other, whose median household income is at or below the<br />
Department <strong>of</strong> Health and Human Service poverty guidelines.<br />
Dis~ro~ortionatelv Hish Impact - An adverse impact is disproportionately high if it is predominately borne<br />
by a minority andlor low-income population, or if the adverse impact that could be suffered by the minority<br />
or low-income community is more severe or greater in magnitude than the adverse impact that could be<br />
suffered by the non-minority or non-low-income community.<br />
Question 15 -All Type I projects require a noise assessment. A Type I project involves the construction <strong>of</strong> a<br />
highway on new location or the physical alteration <strong>of</strong> an existing highway that significantly changes either the<br />
horizontal or vertical alignment or increases the number <strong>of</strong> through-traffic lanes.<br />
Question 16 - Section 4(9 property, as defined in 49 USC Section 303, is publicly owned land <strong>of</strong> a public<br />
park, recreation area, or wildlife or waterfowl refuge, or land <strong>of</strong> a historic site <strong>of</strong> National, State, or local<br />
significance. A "use" <strong>of</strong> a Section 4(9 property occurs (1) when land from a Section 4(9 site is acquired <strong>for</strong> a<br />
transportation project, (2) when there is an occupancy <strong>of</strong> land that is adverse in terms <strong>of</strong> the statute's<br />
preservationist purposes, or (3) when the proximity impacts <strong>of</strong> the transportation project on the Section 4(9<br />
site, without acquisition <strong>of</strong> land, are so great that the purposes <strong>for</strong> which the Section 4(9 site exists are<br />
substantially impaired. The "use" <strong>of</strong> a Section 4(9 property requires the preparation <strong>of</strong> either an Individual or<br />
<strong>Programmatic</strong> Section 4(9 Evaluation.
I<br />
Question 17 - Section 6(9 property refers to recreational areas acquired or improved by state and local<br />
governments through grants from the Land and Water Conservation Fund (LWCF). The conversion <strong>of</strong> the<br />
property acquired with Section 6(9 funding to a non-recreation purpose requires the preparation <strong>of</strong> an<br />
Individual Section 4(f) Evaluation and the approval <strong>of</strong> the Department <strong>of</strong> the Interior's National Park Service.<br />
LWCF properties are typically publicly-owned parks, recreation, or conservation land. If these types <strong>of</strong><br />
properties are to be acquired <strong>for</strong> the project, the Executive Office <strong>of</strong> Environmental Affairs' Division <strong>of</strong><br />
Conservation Services should be consulted to determine if LWCF funds have been used to acquire or<br />
improve these properties.<br />
Question 18 -A Section 404 permit is required from the U.S. Army Corps <strong>of</strong> Engineers <strong>for</strong> work involving a<br />
discharge <strong>of</strong> dredged or fill material into waters <strong>of</strong> the United States. Jurisdiction under this law extends to<br />
lakes, rivers, streams, wetlands, and mudflats. For highway projects, a Section 404 <strong>Programmatic</strong> General<br />
Permit (PGP I or It) is required <strong>for</strong> any fill, up to one acre, into water <strong>of</strong> the U.S. An Individual Section 404<br />
permit is required <strong>for</strong> projects with more substantial water resource impacts, such as fill exceeding one acre<br />
or any fill in special aquatic sites. Special aquatic sites are defined in the 40 CFR Part 230 Section 404(b)(f)<br />
Guidelines.<br />
Question 19 - A Coast Guard permit is required to construct a new bridge or causeway or to reconstruct or<br />
modify an existing bridge or causeway across navigable waters <strong>of</strong> the United States. For Coast Guard bridge<br />
permitting purposes a navigable waterway is defined as (1) any waterway which is subject to the ebb and<br />
flow <strong>of</strong> the tide or (2) any waterway which is presently used or is susceptible to use in its natural condition, or<br />
by reasonable improvement, as a means to transport interstate or <strong>for</strong>eign commerce. In any case, a bridge or<br />
causeway conveying watercraft less than 21 feet in length are not subject to Coast Guard jurisdiction. If the<br />
preparer is uncertain whether or not a bridge is under Coast Guard jurisdiction, MassHighway's<br />
Environmental Section should be contacted to coordinate Coast Guard consultation.<br />
Coast Guard permits are required <strong>for</strong> the following projects:<br />
> Construction <strong>of</strong> bridges crossing non-tidal waters not presently used as, or susceptible <strong>for</strong> use as, a<br />
means <strong>of</strong> transporting interstate or <strong>for</strong>eign commerce.<br />
> Removal <strong>of</strong> an existing bridge that will not be replaced <strong>for</strong> another bridge.<br />
> Repair or replacement <strong>of</strong> worn or obsolete parts on an existing bridge.<br />
Question 20 - The question shall be answered "no" if the total permanent wetland impact within the project<br />
area is less then one-half acre (21,780 square feet) per linear mile.<br />
Question 21 - The preparer should request a written response from the US. Fish and Wildlife Service and the<br />
Massachusetts Natural Heritage Program as to the presence <strong>of</strong> federally-listed, threatened, or endangered<br />
species in the project area.<br />
Question 22 -Applicable National Flood Insurance Program (NFIP) maps (such as a Flood Boundary and<br />
Floodway Map (FBFM) or a Flood lnsurance Rate Map (FIRM)) should be used to determine encroachments<br />
on the base floodplain or regulatory floodway. Appropriate hydraulic studies are required to determine if an<br />
encroachment will adversely affect a regulatory floodway or the base floodplain elevations.<br />
Question 23 - Rivers designated as components <strong>of</strong> the Natural System <strong>of</strong> Wild and Scenic Rivers include<br />
portions <strong>of</strong> the Westfield River including portions <strong>of</strong> the West Branch from a railway bridge 2000 feet<br />
downstream <strong>of</strong> the Becket Town Center to the HuntingtonlChester town line; the Middle Branch from the<br />
Perurnorthington town line downstream to the confluence with Kinne Brook in Chester; Gendale Brook;<br />
and the East Branch from the Windsorlcummington town line to the Knightville Reservoir.<br />
Additionally, portions <strong>of</strong> the ConcordlAssabetlSudbury Rivers have been designated including the
Sudbury River beginning at the Dan<strong>for</strong>th Street Bridge in the Town <strong>of</strong> Framingham, downstream to the<br />
Route 2 Bridge in Concord. The Sudbury River from the Route 2 Bridge downstream to its confluence<br />
with the Assabet River at Egg Rock. Also, the Assabet River beginning 1,000 feet downstream from the<br />
Damon Mill Dam in the town <strong>of</strong> Concord, to its confluence with the Sudbury River at Egg Rock in Concord<br />
and the Concord River from Egg Rock at the confluence <strong>of</strong> the Sudbury and Assabet Rivers downstream<br />
to the Route 3 Bridge in the Town <strong>of</strong> Billerica.<br />
Question 24 -Areas containing prime or unique farmland can be identified using Natural Resource<br />
Conservation Service (NRCS) maps. NRCS maps can be viewed at most local libraries or regional<br />
U.S. Department <strong>of</strong> Agriculture (USDA) Service Centers. Service Center locations can be found on the<br />
USDA web site.<br />
Question 25 -The Environmental Protection Agency publishes the National Priorities List (Superfund) <strong>for</strong><br />
Massachusetts on their web site.<br />
Question 26 - Examples <strong>of</strong> projects involving changes in access control include:<br />
9 Changing a segment <strong>of</strong> highway from partially or fully-controlled access to uncontrolled access.<br />
9 Modification <strong>of</strong> an existing interchange by adding or relocating ramps.<br />
9 Adding a new interchange to a highway.<br />
9 Changing an at-grade intersection to a grade separation.<br />
9 Changes in access control <strong>for</strong> non-highway purposes.<br />
Question 27 - If the five listed conditions concerning a temporary road, detour or ramp do not occur, "no"<br />
should be checked on the CE checklist.