Programmatic Agreement for Approval of Categorical Exclusions

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Additionally, the FHWA and MassHighway concur that, for a project to be classified as a CE, the following two conditions must be met: i+ The project conforms to the U.S. EPA's Transportation Conformity Regulations and the Massachusetts Air Quality State Implementation Plan, and; 3 The project is consistent with the Massachusetts Coastal Zone Management Plan as determined by the Massachusetts Office of Coastal Zone Management. Processing of Categorical Exclusions The foilowing section provides information on processing the three levels of CEs (Automatic, Programmatic, and Individual) to be used as part of this Programmatic Agreement. Automatic Categorical Exclusions Based on past experience with similarly environmentally insignificant actions, FHWA and MassHighway have concluded and are documenting under this Agreement the actions (listed below) that constitute CE actions and will not indirectly or cumulatively cause significant impacts to the human or natural environment. These actions meet the criteria of 23 CFR 771 .I 17(a) and (c) "and normally do not require any further NEPA reviews by the Administrationn. The Environmental Section's Deputy Chief Engineer, or hislher designee, shall confirm that these actions meet the above criteria for Automatic CE. All Automatic CE determinations made by MassHighway must be documented. The Categorical Exclusion Determination Checklist will serve as this documentation. List of Automatic CE's Activities that do not involve or lead directly to construction, such as planning and technical studies; grants for training and research programs; research activities; approval of a unified work program; approval of Statewide Transportation Improvement Program and any findings required in the planning process; approval of project concepts for interstate substitution; engineering to define the elements of a proposed action or alternatives so that social, economic and environmental effects can be assessed; and Federal-Aid system revisions which establish classes of highways on the Federal-Aid highway system; Approval of utility installations along or across a transportation facility; Construction of bicycle and pedestrian lanes, paths, and facilities; Activities included in MassHighway's "highway safety plan," and funded by Highway Related Safety Grants (402 Safety Program); The installation of noise barriers or alterations in existing publicly owned buildings to provide for noise reduction; Landscaping; Installation of fencing, signs, pavement markings, small passenger shelters, traffic signals, and railroad warning devices where no substantial land acquisition or traffic disruption will occur; Emergency repairs under the Emergency Relief Program; Acquisition of scenic easements; Determination of payback for property previously acquired with Federal-Aid participation; Improvements to existing rest areas and truck weigh stations; Ridesharing activities;
P Alterations to facilities to make them accessible to elderly and handicapped persons. Programmatic Categorical Exctusions There are additional actions that qualify as CEs under 23 CFR 771.1 17(d). The FHWA and MassHighway have agreed to a Programmatic CE classification and approval process for these actions. If each of the following conditions is satisfied, an action is automatically classified as a CE and does not require additional approval by FHWA. 1. The action does not have any significant environmental impacts as described in 23 CFR 771.1 17(a). 2. The action does not involve unusual circumstances as described in 23 CFR 771.1 17(b). 3. The action does not involve the following: the acquisition of more than minor amounts of permanent right-of-way; such acquisitions will not require any commercial or residential displacement; substantial environmental impact anticipated from the intended future use of land involved in a sale, transfer, or lease of state-owned property; a determination of adverse effect by the State Historic Preservation Officer; a disproportionately high and adverse impact on minority or low-income populations; a Type I action requiring a noise assessment; the use of properties protected by Section 4(f) of the Department of Transportation Act necessitating the preparation of an Individual Section 4(f) Evaluation; the use of properties protected by Section 6(f) of the Land and Water Conservation Act; a U.S. Army Corps of Engineers Individual Section 404 permit; a U.S. Coast Guard construction permit; an average of greater than one-half acre of wetlands impact per linear mile; an effect on a federally-listed threatened or endangered species or critical habitat; an adverse impact on a regulatory fioodway or the base floodplain (100-year flood) elevations of a water course or water body; m. construction in, across, or adjacent to a river designated as a component in the National System of Wild and Scenic Rivers; n. an effect on prime or unique farmland; o. work within or adjacent to a known Superfund site; p. any changes in access control; q. the use of a temporary road, detour or ramp closure unless the use of such facilities satisfy the following conditions: 1) provisions are made for access by local traffic and so posted;
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Page 11 and 12: physical alteration of an existing
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Programmatic Agreement for Approval of Categorical Exclusions

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