Waterway Permits

1. 0 Waterway Permits Categorical Exclusion Training Class – Presented by the Office of Environmental Services

2. Waterway Permitting Process • The Waterway Permit Unit (WPU) is responsible for facilitating the waterway permitting process • Evaluate the district’s Permit Determination Request • Issue the OES Permit Determination • Coordinate waterway permit applications between the regulatory agencies, district, and consultant • Negotiate permit conditions and mitigation proposals [2] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

3. Waterway Permitting Process • Not all projects require a permit application, agency coordination, and wetland/stream mitigation • The details of this process are included in the NEPA document [3] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

4. Permit Determination Request • The district (or consultant) completes the Permit Determination Request (PDR) • Requires information from the ecological survey and design details • Uploaded to EnviroNet by the district (or consultant) • Notify the district and Waterway Permit Program Manager via EnviroNet [4] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

5. Permit Determination • OES Permit Determination completed by the Waterway Permit Unit (WPU) and identifies: • Type of permit(s) required • Mitigation requirements • Permit expiration dates and timeframes • If a permit strategy meeting is required (Individual Permits) • OES-WPU uploads to EnviroNet [5] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

6. Waterway Permits and EnviroNet • EnviroNet  two sections addressing the waterway permitting process: • C1 and C2 Projects • The C1 Tab does not require documentation because no waters are impacted • The C2 Tab requires documentation regarding waterway impacts (if applicable) • D-listed Projects • The Permits Tab is automatically displayed • Waterway permit specific section [6] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

7. C2 Tab - EnviroNet • For C2  multiple scenarios when answering question 5-9 • Waterways: Not Present • No additional boxes will need completed • Waterways: Present; No Coast Guard, Individual 404, or Section 10 Permit • If higher level permits were required, the level of CE would be affected • Waterway Permit Type: • Select the type of permit based on the OES Permit Determination • - OR - Permit Determination and/or Permit Application Approval Pending • Waterway Permit Approval Date • Isolated Wetland Permit: select yes/no • Isolated Wetland Permit Approval Date [7] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

8. C2 Tab - EnviroNet [8] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

9. Permits Tab - EnviroNet • The Permits Tab is automatically displayed for D-listed projects • First Question  Are Waterway Permits Required? • ONLY answer if an official OES Permit Determination has been completed • The OES Permit Determination will provide all of the remaining answers • If the environmental staff is absolutely certain no waters will be impacted then it is safe to answer NO [9] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

10. Permits Tab - EnviroNet • If “Yes” or “No” was accidentally checked prior to an OES Permit Determination: • Leave remaining unknowns blank and indicate an OES Permit Determination is pending • You cannot return to a blank field unless you reset the entire tab • You can only reset if project is “In Process” • All data is deleted (hint: cut and paste into a word document prior to using the reset feature) [10] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

11. Permits Tab - EnviroNet • If “No” is selected, dropdowns 2-13 are hidden • Only select “No” if it is certain that waterway permits are not required or the OES Permit Determination indicates that this is the case [11] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

12. Permits Tab - EnviroNet • If “Yes” is selected, all dropdowns are visible • Use the OES Permit Determination to answer these questions DO NOT GUESS [12] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

13. Permits Tab - Remarks • Summarize findings of OES Permit Determination • What type of permits are necessary? • Is the project covered under a general permit? • Will waterway permit application(s) need to be submitted to the agencies for authorization? • Is wetland mitigation or stream mitigation required? • Are there additional restrictions and limitations? • Did OES-WPU provide Special Provisions or will they do so after permit authorization from the agencies? [13] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

14. Permits Tab - Remarks • If waterway permits have been authorized, indicate which ones and cite special provisions: • Example: “Nationwide Permit #3 was authorized by the USACE. Specific conditions of the permit are found in the Waterway Permit Conditions, Special Provisions.” • If waterway permits have NOT been authorized, indicate the status: • Example: “A USACE 404 Individual Permit and OEPA 401 Water Quality Certification application were submitted in January 2018 and are currently pending authorization. No waters shall be impacted until these permits have been granted.” [14] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

15. Environmental Commitments • Indicate the waterway permit(s) authorized for the project • If permits are pending, state that “No waters will be impacted until waterway permits have been authorized” • Other waterway-related commitments: • In-water work restrictions • Mitigation of waterway impacts • No build zones • Navigational requirements [15] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

16. Points to Remember • The waterway permits portion of the CE can be cleared prior to an OES Permit Determination and/or permit authorization from the agencies IF the Remarks and Environmental Commitments are appropriate • Remarks indicate the progress of the permits • Environmental Commitments, at a minimum, must state that “no waters will be impacted until a 401/404 permit has been obtained” [16] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

17. Project File • Documentation may include: • Permit Determination Request • OES Permit Determination • Waterway Permit • Public Notice • Mitigation Plan • Special Provisions • Follow ODOTNEPA File Management and Documentation Guidance [17] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

18. Contact Information • Adrienne Earley - Waterway Permits Program Manager 614-466-2159 or Adrienne.Earley@dot.ohio.gov • Katie Dunlap - Permits Coordinator 614-466-6983 or Kathleen.Dunlap@dot.ohio.gov • Craig Kerscher - Permits Coordinator 614-752-2175 or Craig.Kerscher@dot.ohio.gov • Tara Tarlton - Permits Coordinator 614-644-7087 or Tara.Tarlton@dot.ohio.gov [18] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

19. 0 PermitsFloodplains Guidelines forCE Document Preparers

20. Topics • Basics of Floodplain Management • Navigating EnviroNet [20] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

21. Two Paths NEPA/EO 11988 • Executive Order (E.O.) • Impacts to floodplains must be discussed in the NEPA document • Administered by ODOT Office of Environmental Services NFIP • The National Flood Insurance Program • Managed by FEMA • ODOT compliance administered through the Office of Hydraulic Engineering [21] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

22. Definitions • 100-Year Flood • A flood that has a 1% annual chance of occurring • Floodplain • An area inundated from flood waters • Floodway • A portion of the floodplain designated by FEMA as critical for flood flow conveyance - highly regulated • Flood Fringe • The portion of the floodplain outside the floodway • Special Flood Hazard Area (SFHA) • The area designated by FEMA that includes both the floodway and flood fringe • Also referred to as “floodplain” when discussing NFIP [22] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

23. Diagram of Floodplain [23] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

24. Is My ProjectWithin a FEMA Floodplain? • Most reliable resources are FEMA Flood Insurance Studies (FIS) and Flood Insurance Rate Map (FIRM) panels • Generally, FISs contain more detailed hydraulic information such as peak stormflow rates, flood profiles, and stream reach • To prepare a CE, only a FIRM is required • Other acceptable resources are FEMA Effective and Approximate Study Hydraulic Models and prior project specific studies [24] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

25. How to Locate a FEMA FIRM panel • Most FIRMs are posted on FEMA’s website at https://msc.fema.gov/portal • Note any revisions, amendments, or revalidations • If map not available, it may be ordered from FEMA (Note this may take six weeks or more) http://goo.gl/1yUXcB [25] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

26. Interpreting the FIRM panel • Use the legend to determine if the project is within the FEMA 100-year Floodplain (SFHA) • Typically within the blue lines on the FIRM • Be sure to check the legend on each panel • The regulated floodway is identified by hash marks [26] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

27. FEMA FIRM [27] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

28. NFIP • Administered by FEMA • Provides flood insurance to communities • Requires local communities to adopt and enforce minimum floodplain management regulations • ODOT must comply with these regulations (more to follow…) • FEMA may audit compliance with NFIP requirements • Penalties for non-compliance include probation and suspension from the NFIP • Administered by ODOT Office of Hydraulic Engineering [28] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

29. NFIP Responsibilities for Document Preparers • Environmental Document preparers are responsible for including appropriate documentation for NFIP compliance in EnviroNet • When a project is determined to be within the 100-year floodplain, ODOT employees should send an e-mail to the District Hydraulic Engineer (or equivalent) requesting all applicable documents [29] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

30. NEPA/EO 11988 • The E.O. requires agencies to: • Avoid, to the extent possible, long and short-term adverse impacts associated with the occupancy and modification of floodplains • Avoid direct or indirect support of floodplain development when there is a practicable alternative [30] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

31. NEPA/EO 11988 • The E.O. applies to all federal agencies and actions, in all floodplain locations described as the “100-year flood” or “Base Floodplain” • It requires agencies to: • Avoid the Base Floodplain • Adjust to the Base Floodplain • Evaluate, Design, and Implement all agency actions to meet the Executive Order • Notify the public if there are impacts to floodplains [31] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

32. Does EO 11988 apply to my project? • Applies to C2, D1, D2, D3, EA, and EIS projects occurring within the 100-year floodplain that have federal funding, work performed by the federal government, or require federally issued permits (e.g. Corps Waterway Permits) • Does not apply to C1 projects because ODOT has determined the potential impact to the base flood elevation is negligible [32] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

33. Steps to Follow • Step 1 - Determine if a proposed project is in the floodplain • Follow the process described • Step 2 – Conduct early public review/public involvement • The E.O. includes requirements that the public be provided adequate information, opportunity for review and comment, and an accounting for the rationale for proposed actions affecting floodplains • Follow the ODOT-OES Public Involvement Manual • This is a path based decision tree • For more information regarding ODOT’s Paths, see the PDP manual [33] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

34. Steps to Follow • Step 3 - Identify and evaluation practicable alternatives to locating in the floodplain • ODOT is required by the E.O. to identify and evaluate practicable alternatives to locating in the floodplain • Alternatives to be evaluated include: • Alternative Sites • Alternative Actions • No Action • It is possible that there is no alternative, such as culvert replacement, bridge pier repairs, etc. [34] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

35. Steps to Follow • Step 4 - Identify impacts of the proposed project • Categories of impacts • Impacts to Lives and Property • Natural and Beneficial Floodplain Values • Three types of impacts that must be addressed for each category • Positive and negative • Concentrated and dispersed • Short and long-term [35] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

36. Steps to Follow • Step 5: Minimize, Restore, and Preserve Impacts to Lives, Property, and Natural and Beneficial Floodplain Values • ODOT must develop mitigation measures if: • Locating within a floodplain with no practicable alternative sites • The project impacts lives, property, or natural and beneficial floodplain values • Mitigation measures vary from project-to-project • Some projects may not require mitigation because it is economically infeasible or the project area is so small that it will not allow measures [36] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

37. Steps to Follow • Step 6: Re-evaluate alternatives • Having identified the impacts the proposed action would have on the floodplain (Step 4), methods to minimize these impacts, and opportunities to restore and preserve floodplain values (Step 5); the proposed action should now be reevaluated • For proposed actions in the floodplain, the reevaluation should consider if the action is still feasible at this site • Three Options must be discussed under this section: • Is locating the project in the Floodplain still practicable? • Is there any way to limit the extent of the action within the floodplain? • Is it possible to perform no action? [37] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

38. Steps to Follow • Step 7: Present findings and a public explanation • If re-evaluation results in the determination that there is no practicable alternative to locating in or impacting the floodplain, a statement of findings and public explanation must be provided • Use the template statement of findings [38] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

39. Steps to Follow • Step 8: Implement the Project • Free Step!! [39] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

40. Documenting the 8-Step Process • Use Exhibit A of the ODOT Floodplain Guidance to show documentation of steps 3, 4, 5, 6, and 7 OR Upload document that demonstrates compliance with all steps • Follow the ODOT Public Involvement Manual to show compliance with Step 2 [40] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

41. Permits Tab - EnviroNet • Floodplain is a sub-section of the Permits Tab [41] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

42. Remarks • Give a short narrative of the process followed • Describe impacts to floodplain, floodway, and base flood elevations • Discuss coordination efforts and project related correspondence with Local Floodplain Administrator [42] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

43. Project File • Upload the following documents (If applicable): • FIRM panel showing the project area • Initial Local Floodplain Coordination letter • Exhibit B in ODOT Floodplain Guidance • Any correspondence from Local Floodplain Coordinator • Statement of Findings • Exhibit A in ODOT Floodplain Guidance • Other documents required by ODOT L&D Manual • Follow ODOT NEPA File Management and Documentation Guidance [43] Categorical Exclusion Training Class – Presented by the Office of Environmental Services

44. Contact Information • Ross Irvine (Assistant Legal Counsel) 614-387-0268 or Ross.Irvine@dot.ohio.gov [44] Categorical Exclusion Training Class – Presented by the Office of Environmental Services