[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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