[Federal Register Volume 62, Number 99 (Thursday, May 22, 1997)]
[Notices]
[Pages 28101-28102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13396]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Programmatic EO 11990 Wetland Finding: New York State
AGENCY: Federal Highway Administration, New York Division Office
(NYDO), DOT.
ACTION: Public notice of programmatic EO 11990 wetland finding.
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SUMMARY: The NYDO is issuing this notice to advise the public that it
has made a programmatic EO 11990 Wetland Finding for Federally Aided
Highway Projects Classified as a Categorical Exclusion under 23 CFR
771.117 which involve only the use of U.S. Corps of Engineers (COE)
Section 404 Nationwide Permits. The Finding was circulated to Federal
and State regulatory and resource agencies as well as all of the New
York Metropolitan Planning Organizations and the Statewide
clearinghouse for their input prior to finalization.
FOR FURTHER INFORMATION CONTACT:
William A. Gates, Environmental Coordinator, Federal Highway
Administration, New York Division Office, Leo W. O'Brien Federal
Building, 9th Floor, Albany, NY 12207, Telephone: 518-431-4125.
SUPPLEMENTARY INFORMATION: This programmatic Executive Order 11990 (EO
11990) evaluation and wetland finding has been prepared for
transportation improvement projects which require only a Corps of
Engineers (COE) Section 404 Nationwide Permit for work which will
affect waters of the United States. It satisfies the requirements of EO
11990 and U.S. Department of Transportation (DOT) Order 5660.1A for all
projects that meet the applicability criteria listed below. No
individual wetland finding need be prepared for such projects.
Background
EO 11990, issued on May 24, 1977, requires each agency to develop
procedures for Federal actions whose impact is not significant enough
to require the preparation of an
[[Page 28102]]
Environmental Impact Statement (EIS) under Section 102(2)(C) of the
National Environmental Policy Act (NEPA) as amended. It also includes a
clause in Section 6 indicating that existing processes ``to the extent
possible'' be used to fulfill the requirements of the order.
The DOT issued DOT Order 5660.1A on August 24, 1978. The DOT Order
defines ``New construction'' as including any draining, dredging,
channelizing, filling, diking, impounding, and related activities. It
does not include routine repairs and maintenance of existing
facilities. The DOT Order indicates that any project which will have a
significant impact on wetlands will require preparation of an EIS.
Paragraph 7f of the Order states ``In carrying out any activities
(including small scale projects which do not require documentation)
with a potential effect of wetlands, operating agencies should consider
the following factors in implementing the Department policy relevant to
a proposal's effect on the survival and quality of wetland: (1) Public
health, safety and welfare, including water supply, water quality,
recharge and discharge, and pollution; flood and storm hazards; and
sedimentation and erosion; (2) Maintenance of natural systems,
including conservation and long-term activity of existing flora and
fauna, species habitat diversity and stability, hydrologic utility,
fish and wildlife, timber, and food and fiber resources; and other uses
of wetlands in the public interest, including recreational, scientific,
and cultural use as well as transportation uses and objectives.''
On August 28, 1987, the Federal Highway Administration published
new regulations implementing the National Environmental Policy Act
codified in 23 CFR 771. Section 771.117 describes a class of actions
that do not individually or cumulatively have a significant
environmental effect and are excluded from the requirement to prepare
an Environmental Assessment or Environmental Impact Statement.
The COE has promulgated regulations establishing several types of
general permits, Nationwide Permits (NWPs), which are designed to
regulate with little, if any, delay or paperwork certain activities
having minimal impacts. These activities are authorized under an NWP
only if that activity and the permittee satisfy all of the NWP's terms
and conditions.
Applicability
This programmatic wetland finding may be applied in the following
circumstances:
1. The project being evaluated is classified as a Categorical
Exclusion under NEPA.
2. The only COE permit(s) required fits the description and
satisfies all of the terms and conditions, including regional
conditions of an NWP.
3. The New York State Department of Transportation has prepared a
Design Approval Document containing:
A. A brief narrative describing the wetland(s) location, state and
federal wetlands classifications, approximate wetland area, covertypes,
and the area of proposed wetland impact;
B. A plan showing the wetland(s) location, approximate boundaries,
and area within the project limits, and the area(s) of proposed wetland
impact;
C. A brief discussion of the type and size of permanent and/or
temporary direct and indirect impacts on the wetlands and its functions
caused by draining, dredging, channelizing, filling, diking,
impounding, and related activities considering factors described in
Section five of EO11990;
D. A statement that there are no practicable alternatives to the
construction in wetland(s) and brief supporting explanation describing
the efforts to avoid impacts; and
E. A brief discussion of the practicable measures to minimize harm
to the involved wetlands that will be incorporated into the design and
construction of the project.
4. The project has been developed in accordance with the procedure
for a public involvement/public hearing program approved by FHWA
pursuant to 23 CFR 771.111(h)(1).
In accordance with Executive Order 11990, Section 2(a), I find that
for all Federal-aid projects which meet the above conditions (1) that
there is no practicable alternative to the proposed construction and
(2) the proposed project includes all practicable measures to minimize
harm to the involved wetlands which may result from the construction of
the transportation project. Any Federal-aid transportation project
impacting wetlands not meeting the above conditions shall require an
individual wetland finding.
Comments or questions concerning this finding should be directed to
the FHWA at the address provided above.
(Catalog of Federal Assistance Program Number 20.205, Highway
Planning and Construction. The regulations implementing Executive
Order 12372 regarding intergovernmental consultation on Federal
programs and activities apply to this program)
Authority: 23 U.S.C. 315; 49 CFR 1.48.
Issued on: March 9, 1997.
[FR Doc. 97-13396 Filed 5-21-97; 8:45 am]
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