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1 Practice: Programmatic Agreement for Categorical Exclusions
Categories: Interagency Agreements: MOAs, MOUs, and Programmatic Agreements
Process/NEPA
State: Maine
Organization: Maine Department of Transportation
Contact: David Gardner
Title: Manager, Environmental Office
Email: david.gardner@maine.gov
Phone: 207-592-2471
Description: In July 2014, the Maine Department of Transportation (MaineDOT) and the FHWA Maine Division amended the Categorical Exclusion Programmatic Agreement (CE PA). The amended agreement improves the process of documenting categorical exclusions and updates existing processes, policies and terms to further streamline the review of project. Also, the amended agreement includes the addition of the two new categorical exclusions designated under MAP-21.

For more information or to view the document, please contact Cassie Chase, FHWA Maine Division, at 207-512-4921 or by e-mail at Cassandra.Chase@dot.gov, OR David Gardner (contact information above).
Last Updated: February 23, 2015
2 Practice: Programmatic Wetland Finding for Categorical Exclusions
Categories: Environmental (NEPA) Documentation
Environmental Stewardship & Streamlining
Interagency Agreements: MOAs, MOUs, and Programmatic Agreements
Interagency Coordination
Process/NEPA
State: Maine
Organization: Maine Department of Transportation
Contact: David Gardner
Title: Manager, Environmental Office
Email: david.gardner@maine.gov
Phone: 207-592-2471
Description: In July 2014, the FHWA Maine Division and the Maine Department of Transportation (MaineDOT) signed a Programmatic Wetland Finding for all Federal-aid projects that are classified as Categorical Exclusions (CEs) and issued a U.S. Army Corps of Engineers Section 404 permit. Under this programmatic finding, no individual wetland findings need to be prepared for projects classified as CEs. However, projects require an individual wetland finding if the preparation of an Environmental Assessment or Environmental Impact Statement is necessary.
Last Updated: February 23, 2015
3 Practice: Cooperative Agreement between the Maine Department of Transportation and the Federal Highway Administration and the U.S. Department of the Interior Fish and Wildlife Service
Categories: Interagency Coordination
Interagency Funded Positions
State: Maine
Organization: Federal Highway Administration ME Division
Contact: Cassandra Chase
Title: Environmental Engineer
Email: Cassandra.Chase@dot.gov
Phone: 207-512-4921
Description: Due to USFWS staff resource constraints and an inability to provide Maine Department of Transportation (MaineDOT) with timely Endangered Species Act Section 7 consultation conclusions and permitting decisions for the increased number of transportation improvement projects proposed to effect listed species and their habitats, in August 2014, the FHWA Maine Division, in cooperation with MaineDOT and the U.S. Fish and Wildlife Service, signed an extension and renewal of the 2012 cooperative agreement to fund a USFWS staff person, dedicated to review all Biological Assessments submitted for state transportation improvement projects through November 3, 2016.
Last Updated: February 23, 2015
4 Practice: Programmatic Agreement for the State of Maine Concerning Identification of Listed and Proposed Species and Designation of Non-Federal Representative under the Federal Endangered Species Act
Categories: Environmental Stewardship & Streamlining
Interagency Agreements: MOAs, MOUs, and Programmatic Agreements
Threatened & Endangered Species
State: Maine
Organization: Maine Department of Transportation
Contact: Richard Bostwick
Title: Environmental Specialist/Biologist
Email: richard.bostwick@maine.gov
Phone: 207-592-3904
Description: In January 2014, the Maine Department of Transportation (MaineDOT), the FHWA Maine Division, U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and NOAA's National Marine Fisheries Service finalized a programmatic agreement concerning identification of listed and proposed species and designation of a non-federal representative under the Federal Endangered Species Act. This agreement outlines and details the processes and procedures that all signatories shall follow to prepare a species/critical habitat list and formally documents the FHWA and USACE designation of MaineDOT as the non-federal representative to determine if listed species, proposed species or designated critical habitat are present in an action area and, if present, whether an FHWA or USACE action will have "no effect".

For more information or to view the document, please contact Cassie Chase, FHWA's Maine Division, at 207-512-4921 or by e-mail at cassandra.chase@dot.gov, OR Richard Bostwick, MaineDOT, at 207-592-3904 or by e-mail at richard.bostwick@maine.gov.
Last Updated: March 12, 2014
5 Practice: Programmatic Agreement for Categorical Exclusions
Categories: Interagency Agreements: MOAs, MOUs, and Programmatic Agreements
Process/NEPA
State: Maine
Organization: Maine Department of Transportation
Contact: Nate Howard
Title: Bureau of Planning
Email: Nathan.Howard@maine.gov
Phone: 207-624-3300
Description: In May 2001, the Maine Department of Transportation (Maine DOT) and the FHWA Maine Division finalized a programmatic agreement for projects with Categorical Exclusions (CE's). The protocol outlined in the agreement will be used to determine applicability of Federally-funded Maine DOT actions for CE's and allow most applicable actions to be certified earlier and more efficiently. FHWA retains the authority to review all of the Maine DOT's decisions.

For more information on Maine's Categorical Exclusion Process, please visit http://www.maine.gov/mdot/env/documents/CEagreementFinal05-31-06-final1.pdf.
Last Updated: March 11, 2014
6 Practice: Enhanced Project Scoping Process
Categories: Linking Planning and NEPA
Project Development
State: Maine
Organization: Maine Department of Transportation
Contact: Darryl Belz, P.E.
Title: Safety and Traffic Engineer
Email: Darryl.Belz@maine.gov
Phone: 207-624-3275
Description: The purpose of Enhance Project Scoping (EPS) is to provide support early in the Project Development phase in order to help keep the project on schedule while defining all concerns for the project. EPS will provide this support by the following:

1. Better define the intent of the project from both a regional and local transportation perspective before the design process actually begins

2. Initiate many project requests for information needed to begin the actual design.

3. Develop preliminary environmental overview in order to begin the environmental process.

4. Document any early public and agency recommendations or commitments if they exist.

5. Discuss possible alternatives for the design of the project.

6. Coordinate early stakeholder involvement and negotiate a formal agreement with the local community and relevant partners on project parameters and cost share ratios.

EPS will allow for more informed decision-making to move a project forward, refine the scope, or in some cases discontinue the project.
Last Updated: March 11, 2014
7 Practice: Maine's Integrated Transportation Decision-Making (ITD) Process - Case Study
Categories: Linking Planning and NEPA
Stormwater, The Clean Water Act, & Section 404
State: Maine
Organization: Maine Department of Transportation
Contact: Duane Scott
Title: Director, Outreach Division
Email: duane.scott@maine.gov
Phone: 207-624-3309
Description: Maine DOT's ITD process integrates the requirements of NEPA, Maine's Sensible Transportation Policy Act, and the Corps of Engineers' Highway Methodology for Section 404. The ITD process is comprised of 10-step process, a reorganization of the department, a programmatic Categorical Exclusion process, and monthly meetings with resource agencies.
Related Documentation: http://www.environment.fhwa.dot.gov/integ/case_maine.asp
Last Updated: March 11, 2014
8 Practice: Programmatic Agreement Among FHWA, FTA, the ACHP, Maine SHPO, and Maine DOT Regarding Implementation of the Federal Aid Highway and Federal Transit Programs in Maine
Categories: Historical & Archeological Preservation
Interagency Agreements: MOAs, MOUs, and Programmatic Agreements
Process/NEPA
State: Maine
Organization: Maine Department of Transportation
Contact: David Gardner
Title: Manager, Environmental Office
Email: david.gardner@maine.gov
Phone: 207-592-2471
Description: In November 2004, a programmatic agreement went into effect that was developed to save Maine DOT, Maine Historic Preservation Commission (MHPC), the Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) time and money. The focus of the agreement is to protect historic architectural and archeological resources, as required under Section 106 of the National Historic Preservation Act (NHPA), under a streamlined process specified for FHWA and FTA funded projects throughout Maine.

How does this work?

1) The agreement lists a number of activities under FHWA and FTA programs as exempt from Section 106 consultation. These activities are designated as exempt because the signatories mutually agreed they have little or no potential to affect historic properties. Some of these activities include educational programs, direct replacement of items such as road base and pavement, and selected activities within previously constructed work limits. Activities qualifying for exempt status, as reviewed by Maine DOT Cultural Resource staff, require no further review by other agencies. This could potentially exempt up to 50 percent of the projects in the DOT's entire work plan.

2) For projects that do require further review, the agreement delegates project review authority to Maine DOT for historic resources. Under NHPA, this authority is granted to federal agencies such as FHWA and FTA and a programmatic agreement is needed to legally transfer this authority. The agreement explains, step-by-step, the new authority DOT will have in Section 106 processing of projects. Essentially, it consolidates the review process by granting DOT direct, decision-making authority (that under the law would reside with the federal agencies) at several steps in the review process.

These two features of the agreement will substantially reduce paperwork needed for processing and its transmittal between agencies, as well as the time it takes for the entire review process. These are great savings for the local agencies involved in this agreement.

Checks and balances are built into the new review process to assure procedures are followed correctly. These include an annual report of exempted projects to MHPC, FHWA, and FTA, designating which exemptions were applied to each project; concurrence with agencies at appropriate steps in processing; Maine DOT staff training; an annual meeting of signatories; and open review at any time of all processes under the agreement by signatories.

For 2005, projects will be screened by Cultural Resource staff as the two-year DOT work plan is published. They will enter the appropriate designations into the project files (Projex), indicating to the project manager and team whether a project is exempt from further review or whether some follow-up processing is needed. For those non-exempt projects, processing will continue until each project is authorized to be advertised.

For More Information, the Programmatic Agreement for Historic Resources is available for review at the following Maine DOT web site: http://www.maine.gov/mdot/env/envdocs.htm.

For more information or if you have questions, please contact Maine DOT's Environmental Office at env.mainedot@maine.gov or by calling 207-624-3100.
Last Updated: March 10, 2014
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