[Federal Register Volume 69, Number 111 (Wednesday, June 9, 2004)]
[Notices]
[Page 32398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13011]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Revised Programmatic Executive Order 11990 (EO 11990) Wetland 
Finding

AGENCY: Federal Highway Administration (FHWA), New York Division 
Office, DOT.

ACTION: Notice and request for comments.

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Finding: In accordance with EO 11990, and based on the following 
procedures, the FHWA NYDO finds that this programmatic wetland finding 
may be applied to any Federal-aid project classified as a Categorical 
Exclusion (CE) with an approved US Corps of Engineers (COE) permit 
(excluding Nationwide Permit 23) and/or a project classified as a CE 
that impacts isolated wetlands for which:
    1. There will be no practicable alternative to the proposed 
construction in wetlands;
    2. The proposed project will include all practicable measures to 
minimize harm to the involved wetlands which may result from such use;
    3. The project will be developed in accordance with the procedure 
for a public involvement/public hearing program approved by FHWA 
pursuant to 23 CFR 771.111(h)(1); and
    4. The project CE documentation shall demonstrate that avoidance 
and minimization issues are discussed and described for each wetland. 
The following information shall be documented in the New York State 
Department of Transportation (NYSDOT) project file:
    a. Approximate wetland size;
    b. Area of impact including temporary and permanent impacts;
    c. Type of wetland, including the function and value of the 
wetland;
    d. Any plan sheets that show the location of the wetland and the 
project boundaries.
    Any Federal-aid transportation project requiring an Environmental 
Assessment (EA) or Environmental Impact Statement (EIS) that may impact 
wetlands shall require an individual wetland finding.
SUMMARY:  The NYDO is advising the public that it has made a 
programmatic EO 11990 Wetland Finding for Federally Aided Highway 
Projects classified as CEs under 23 CFR 771.117 with approved COE 
permits (excluding those projects that require Nationwide Permit 23). 
The Nationwide Permit 23 is issued only if it has been determined by 
FHWA that a project will not have significant impacts and that the 
project is to be classified as a CE; therefore, FHWA must review the 
wetlands impacts of a project prior to making this decision.
    The programmatic EO 11990 evaluation and wetland finding has been 
prepared for transportation improvement projects which require a COE 
Section 404 Permit (both Nationwide adn Individual) and those that 
impact isolated wetlands. It satisfies the requirements of EO 11990 and 
US Department of Transportation (DOT) Order 5660.1A for all projects 
that meet the applicability criteria listed. No individual wetland 
findings will thus be required for such projects.

Background: EO 11990, issued on May 24, 1977, requires each Federal 
agency to develop procedures for Federal actions whose impact is not 
significant enough to require the preparation of an EIS under Section 
102(2)(c) of the National Environmental Policy Act (NEPA), as amended. 
The EO states that each Federal agency ``shall avoid undertaking or 
providing assistance for new construction located in wetlands unless 
the head of the agency finds:
    (1) That there is no practicable alternative to such construction, 
and (2) that the proposed;
    (2) Action includes all practicable measures to minimize harm to 
wetlands which may result from such use.
    The US DOT Order 5660.1A states, ``In carrying out any activities 
(including small scale projects which do not require documentation) 
with a potential effect on wetlands, operating agencies should consider 
the following facts * * *'' this rquires USDOT agencies to consider the 
effects on wetlands for all projects (including categorical 
exclusions).
    Federal-aid applicants consider these effects during the NEPA 
evaluation process and further consider these effects through the 
wetland permitting process and associated meetings with resource 
agencies (COE, EPA, FWS, NYDEC). The NYSDOT and FHWA routinely evaluate 
practicable avoidance alternatives or options. If avoidance 
alternatives are not practicable, then practicable measures to minimize 
harm are considered and included in the project.
    The DOT Order 5660.1A requires USDOT agencies to make a formal 
wetland finding for major projects. The NYSDOT will make a formal 
wetland finding for all EAs and EISs. This formal wetland finding will 
be made in the Final EA/Finding of No Significant Impact or Final EIS/
Record of Decision.
    There will be a 45-day public comment period starting the day of 
publication and prior to the issuance of the Programatic Agreement.

FOR FURTHER INFORMATION CONTACT: Erika Thompson, Environmental Program 
Coordinator, Federal Highway Administration, New York Division Office, 
Leo W. O'Brien Federal Building 7th Floor, Albany, NY 12207 (e-mail 
[email protected] or telephone 518-431-4125 x 255).

    Dated: June 3, 2004.
Robert Arnold,
Division Administrator.
[FR Doc. 04-13011 Filed 6-8-04; 8:45 am]
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