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Environmental Site Assessment Guidelines - Ohio Department of ...

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9.1.3 Background Information<br />

This section should include information <strong>of</strong> the transportation project area such as the physical<br />

setting, general land use, and general geological and regional hydro-geological information. This<br />

section should also include a brief discussion <strong>of</strong> parcels requiring Phase II ESAs, the rationale, and<br />

constituents <strong>of</strong> concern.<br />

9.1.4 Field Activities and Sampling Procedures<br />

9.1.4.1 The State <strong>of</strong> <strong>Ohio</strong>'s Right <strong>of</strong> Entry<br />

There are two state laws that govern ODOT right and responsibility to conduct any necessary<br />

testing for a transportation project. ORC §163.03 and ORC §5517.01 (see Appendix I) allows<br />

ODOT and/or their representative to enter a property to conduct necessary testing. Property<br />

owner approval to enter a site to conduct the Phase II ESA, while desired, is not necessary.<br />

The property owner must be notified at least 48 hours before entering a property but the entry<br />

must take place no more than 30 days from the date <strong>of</strong> the notification letter. The District or the<br />

prime consultant is responsible for providing notification to the property owner. Examples <strong>of</strong><br />

notification letters are presented in Appendix G. If the property owner does not allow access<br />

after receiving the notification, contact the ODOT District <strong>Environmental</strong> Coordinator and/or the<br />

prime consultant who will work with the property owner to resolve any issues. On very rare<br />

occasions these issues may not be resolved. In these instances, ODOT will review the<br />

situation, the reason for the Phase II ESA and any other information to determine the next step<br />

for this property. If ODOT determines that the Phase II ESA will be conducted, the consultant<br />

will be escorted by law enforcement onto the property to conduct the field activities. This action<br />

is a last resort and should not be used unless all other options and/or discussions with the<br />

property owner fail.<br />

9.1.4.2 Sampling Methods<br />

A discussion <strong>of</strong> the methodologies used for conducting soil borings and/or installing<br />

groundwater monitoring wells must be included. In addition, the proposed number and terminal<br />

depth <strong>of</strong> soil borings must be included. If applicable, methodologies for collecting samples<br />

other than soil or groundwater (i.e. water, near surface, sediment, etc.) must also be included.<br />

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