| Categorical Exclusions |
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| Overview |
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Recently, FHWA stated that they are dissatisfied with the current process used by ODOT for identifying class 2 projects (categorical exclusions) with regards to environmental classification. FHWA has said they will no longer allow right of way funding to be federalized until ODOT modifies its Cat X process to align with FHWA requirements. As an interim step to keep projects on track, ODOT is currently funding the right of way phase with state funds. We may request credit for ROW acquisition during the construction phase only if the amount is substantial and the credit meets all the criteria in the federal regulations. Even though Cat X projects represent approximately 90 to 95% of the highway improvement work performed by ODOT, the annual amount spent funding these ROW projects is minimal ($10M-$20M) so there's minimal financial impacts to ODOT. However, we cannot fund local projects in the same manner so they must either wait for the ROW process to be completed or go through the same process as above (which, the locals may not be able to cover the funding).
ODOT and FHWA recently held facilitated partnering sessions to review and discuss both FWHA and ODOT’s interpretation of the environmental classification system; specifically that which is used for Cat X projects. ODOT researched environmental processes in other state DOT’s and developed a process they believe will adhere to, if not exceed national environmental requirements and standards. The partnering sessions resulted in FHWA requiring ODOT follow an established process for submitting environmental documentation when classifying class two projects. The new process will require environmental documentation be completed and submitted earlier on in the project lifecycle which could impact the project development timeline. When ODOT Geo/Environmental is ready to begin implementing the new process, Technical Services Project Delivery Unit will assist with development of an Implementation Plan outlining issues, necessary policy and procedural modifications, resource and training requirements, and system impacts.
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| Contacts |
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For more technical information, please e-mail Greg Holthoff of ODOT Geo-Environmental or call him at (503) 986-3428.
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