ENVIRONMENTAL COMMITMENTS MANUAL...Please contact Amanda Foley ([email protected] or 614-644-0513) or Matt Perlik ([email protected] or 614-466-1937) for more information

ENVIRONMENTAL

COMMITMENTS MANUAL

Office of Environmental Services January 20202021

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ABSTRACT

Environmental commitments are any agreed-upon actions to mitigate (restore, enhance,

avoid, minimize, and/or replace) impacts to the human environment. The human environment

includes social, economic, natural, and cultural resources. Typically, these actions are agreed

upon between ODOT and the regulatory agencies, as part of the NEPA processes and compliance

with state and federal law. Failure to comply and/or follow-through with these actions can

result in loss of federal funding and approvals, loss of NEPA Assignment, degraded public and

agency relations, fines, project delays, and criminal charges against individuals associated with

the action. Environmental commitments can originate and require implementation at any point

in the Project Development Process and during operations & maintenance. Environmental

commitments can be as simple as a requirement for seasonal work restrictions or as complex

as a treatment plan for cultural resources. This manual summarizes for users how to decide

what actions become environmental commitments, how to write environmental commitments,

how to communicate with the responsible individuals, and how to record and track successful

implementation of environmental commitments in EnviroNet.

Please contact Amanda Foley ([email protected] or 614-644-0513) or Matt Perlik

([email protected] or 614-466-1937) for more information on environmental

commitments.

mailto:[email protected]

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Table of Contents

Environmental Commitments Process ................................................................ 42

Step 1: Decide .......................................................................................... 42

Step 2: Write the Environmental commitments into the NEPA document: .................... 42

Step 3: Communicate, via EnviroNet, to the assigned parties their obligation to assist with and carry out the environmental commitment(s): ................................................. 52

Step 4: Follow Through ............................................................................... 62

APPENDIX A. Description of Environmental Commitments Tab .................................. 82

APPENDIX B. EnviroNet Environmental Commitment Tab Standard Information ............. 92

APPENDIX C. Active Compliance Assistance During Construction ..............................232

Preparing an Environmental Commitment Monitoring Plan ..................................232

Planning a Site Visit ..................................................................................232

Safety .................................................................................................232

Document Review ..................................................................................232

Resource-Specific Examples ........................................................................242

On-site Observations .................................................................................362

Documenting Results .................................................................................472

Case Studies ...........................................................................................492

Case Studies: Answer Key ...........................................................................572

Appendix D. District Waterway Permit Non-Compliance SOP ...................................652

Background ............................................................................................652

Steps for Reporting and Addressing Waterway Permit Compliance Issues: ................662

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Environmental Commitments Process

Step 1: Decide, during NEPA, what actions ODOT will take to mitigate (restore, enhance, avoid,

minimize, and/or replace) impacts to the human environment:

1. Are the impacts for which the mitigation is proposed a result of the ODOT action?

2. Does the proposed mitigation represent a reasonable public expenditure considering the impacts of the action and the benefits of the proposed mitigation?

3. Consider, among other factors, what is the extent to which the proposed mitigation would assist in complying with a Federal statute, Executive Order, or local/state/federal regulation or policy.

4. Discuss mitigation opportunities with staff from environmental, design, engineering, operations & maintenance, OES or others as needed to decide what actions will be elevated to environmental commitments.

5. The actions that ODOT will include as environmental commitments are written in to the NEPA document.

Step 2: Write the Environmental commitments into the NEPA document:

1. Environmental commitments must be actionable, trackable, measurable, and biddable, and

therefore should address “Who, What, Where, When” and potentially the “How” of the action. Note:

some commitments may not require all five areas.

a) Who1: name the entity responsible for implementing the environmental commitment. If using

acronyms, be sure to define them. A commitment may have multiple responsible entities. If the contractor is the sole responsible entity, use the active imperative (e.g. “Place geosynthetic fabric over the existing ground.”

b) What: describe the intent of the commitment or what it requires and include Where and When.

c) Where: provide clear demarcation of the area or location(s) that this commitment addresses or applies to.

d) When: provide a specific timeframe or duration for the elements of the commitment, and a deadline if necessary. Avoid subjective terms such as “reasonable amount of time” and “minimal” as these are not enforceable.

e) How: if applicable, provide explicit methods for how to complete the commitment. If

including contact information, ensure the contact is correct based off agency coordination.

This can include the Compliance Measure which is a description of how to judge successful

implementation. Compliance Measures are simple, yet comprehensive, descriptions of what

measures and/or actions need to be completed to sufficiently document how the

environmental commitment was implemented successfully. These can be built into

commitments to provide a way to receive documentation of compliance. For example,

requiring submittal of a copy of an invoice, email, phone log, report, letter, or photos to

document the action was completed.

1 Colors and font style variations are for illustrative purposes only.

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Example – During project coordination with regulatory agency, ODOT receives the following comment

from the Ohio Department of Natural Resources: “Suitable habitat for the timber rattlesnake is present

within or immediately adjacent to the project area. Due to the potential for timber rattlesnakes to

occur in the project area, workers will be instructed to not harm or kill the snakes and to use caution,

as the timber rattlesnake is a venomous species. If this species is encountered within the construction

limits during construction operations, all construction operations will cease, and the USFWS Columbus

Field Office will be notified immediately (614-416-8993). Activity will not continue until this additional

coordination/consultation with USFWS is concluded.”

ODOT decided that this action is feasible and applicable, and therefore decided to include an

environmental commitment in this project to mitigate impacts to this species and comply with the state

rare species protection laws.2

Environmental commitments specific to each project are entered into EnviroNet. For C1 and C2 level

projects, environmental commitments are listed in the C1/C2 tabs. For D1 and higher level projects

environmental commitments are listed in each discipline-specific tab. The environmental commitments

made in each discipline-specific tab are automatically carried forward to the Environmental

Commitments Tab. While EA and EIS level documents are not yet created in EnviroNet, environmental

commitments for these levels of projects must be entered into the Environmental Commitments tab in

EnviroNet so they can be tracked and documented.

Step 3: Communicate, via EnviroNet, to the assigned parties their obligation to assist with and

carry out the environmental commitment(s):

1. The Environmental Commitments Tab in EnviroNet allows for documentation and communication

between staff developing commitments and those implementing the commitments, and also enables

tracking commitments from planning through construction and Operations & Maintenance.

2. Use the EnviroNet Environmental Commitment Tab instructions in Appendix A to alert the entity

responsible for implementing the environmental commitment. The entity responsible should be a

specific person who will ensure the commitment is completed successfully.

a. Environmental commitments to be completed prior to construction (e.g. during design, real

estate, etc.) are assigned to an individual at ODOT or the Local Sponsor. For example, the ODOT

DEC may be responsible for ensuring that ODOT allows an outside agency an opportunity to

2 Please see list of common environmental commitments in Appendix B.

The following commitment was developed by applying the above guidance to the comment (note:

colors are used to illustrate who, what, where, when, and how):

Do not harm or kill snakes and use caution as the timber rattlesnake is a venomous species. If this

species is encountered within the construction limits, stop all construction operations within

vicinity of the snake immediately, and the Project Engineer will immediately contact the District

Environmental Coordinator at (555-555-5555). Do not resume construction activities within the

vicinity of the snake until the District Environmental Coordinator determines the

coordination/consultation with ODNR is complete.

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review plans prior to plan file, or to include a plan note directing the contractor to perform

work in a specific manner.

b. Environmental commitments to be completed in construction must be incorporated in the

project contract documents via the Construction Materials and Specification (CMS), plan notes,

and/or special provisions. All commitments applicable to construction should be reviewed and

discussed at pre-bid and pre-construction meetings.

c. Environmental commitments to be completed after construction in the Operations &

Maintenance of the project should be discussed in detail with the Highway Maintenance

Administrator and applicable county management.

Step 4: Follow Through

1. Environmental commitments must be implemented successfully. The person assigned to the

commitment documents how the commitment was implemented and closes the commitment in

EnviroNet. The ODOT individual who signed the NEPA document determines if all the commitments

are successfully implemented, met their intent, and closes the project overall. Resource agencies

can also determine non-compliance and violations within the laws they enforce.

2. Use the EnviroNet environmental commitments tab to document commitments through to

completion. Assign LPAs responsibility for environmental commitments on Local-Let projects.

a. The Compliance Measure, Timing of Implementation, Assigned Party, and Plan Sheet (if

applicable) parts of the tab should be filled out by time the Environmental Consultation

Form (ECF) is completed. However, if the commitment will be implemented prior to ECF

completion, then those parts of the tab should be completed at NEPA approval.

b. The Status can/should be updated throughout the life of the project following any

monitoring/checks on compliance, changes in compliance, and finally when the

commitment is successfully implemented.

3. For commitments that have implementation periods during planning and construction, address both

planning and construction items in the Compliance Measure, Status, and Date Completed box. The

“Date Completed” box in EnviroNet should not be completed until the construction action is

implemented, compliant, and compliance measure recorded. See Appendix A for screen shots and

more detail on completing the tab.

4. Approaches to Monitoring Compliance

a. Active Compliance AssistanceMonitoring: Projects with higher-level NEPA documents, highly

sensitive resources, high public interest, or other sensitive issues (i.e. projects with Category 3

wetlands, scenic rivers, archaeological resources, individual/multiple waterway projects, or

public controversy) should consider having on-the-ground, in-person monitoring of commitments

during construction. These should occur at regular time intervals determined by the project

team or as required by the commitment. OES has found that monitoring should be more frequent

at the beginning of a project and can then taper to less frequent once the project is underway.

i. Onsite observations may be performed by District Environmental, OES, consultants, or

construction.

ii. Utilize the Environmental Commitment Monitoring Report form for every onsite

observation and include only those commitments that are implemented during

http://www.dot.state.oh.us/Divisions/Planning/Environment/NEPA_policy_issues/EnvironmentalDocumentation/Documents/Environmental%20Commitment%20Monitoring%20Observation%20Report_8-10-17.docx

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construction. Once the form is complete, the monitor shall upload the report to

EnviroNet under Project File/Environmental Commitments/Environmental Commitment

Monitoring Report [Date of Visit]. Example: Environmental Commitment Monitoring

Report 7-5-19.

iii. Note: Not all active monitoring may require onsite observations by a specific

environmental commitment monitor. Depending on the commitment, the monitor may

be able to contact Construction (e.g. Project Engineer, Inspector, etc.) and ask for a

photograph or email to document compliance.

iv. Active monitoring will culminate with a final monitoring check, which should include an

onsite inspection for actively monitored projects.

b. Final Monitoring Check: A final monitoring check will occur for all projects, not just those with

active monitors. District reviews all environmental commitments at the end of a project to

document compliance. Once construction is complete, the DEC, or their environmental monitor,

shall review all environmental commitments for a project and document their completion via

the Status box and Date Completed on the Environmental Commitments Tab and upload

associated documents, or ensure they were uploaded, to the project file under Environmental

Commitments. Compliance can be assessed against the dedicated Compliance Measure for each

commitment. The DEC or environmental monitor documents successful implementation of all

environmental commitments using the simplest means possible (i.e. photographs, documents,

emails, PDFs, reports, etc.), or conduct a final field observation to collect the appropriate

documentation, if necessary.

i. District Environmental Staff or the environmental monitor must perform a Final

Monitoring Check to ensure and document all commitments were completed for every

project, not only those that underwent active monitoring.

5. CMS Environmental Protections: Be aware of, and follow through on, environmental protection and

restorations required in CMS. CMS items will not be explicitly spelled out in the NEPA document, but

still must be complied with during construction, especially when environmental approvals rely upon

their implementation. A list of common CMS items that may lead to environmental regulation non-

compliance if not followed are included in the Environmental Monitoring Report form. Examples

include dust management, concrete washout, BMPs, waste management, etc.

6. Longevity of Commitments: Commitments are considered complete once the project is finished and

closed out, unless otherwise stated in the commitment (e.g. must remain or be maintained in

perpetuity).

a. Some commitments, such as post-construction BMP maintenance, may continue into Operations

& Maintenance. Communicate this responsibility to the long-term owners (Operation &

Maintenance and appropriate County forces).

7. When utilizing a remote camera for monitoring:

a. See something, say something: If any illegal activity is noted in real-time or past footage,

notify the Project Engineer and OES immediately.

b. Data retention: If any video or picture files are extracted from the camera’s website, retain

for a minimum of 30 days. All video or picture files shall be uploaded to the EnviroNet Project

File.

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APPENDIX A. Description of Environmental Commitments Tab

1. The Environmental Commitments tab has a ribbon for each discipline. Tab labels with an asterisk (*) indicate

disciplines with commitments, making it easier for tracking throughout the life of the project. C1 and C2 projects

will only have one tab for all disciplines. Once an environmental document is approved, the commitment text box

will appear with a grey background and the commitment cannot be removed. New commitments can be added but

will appear with a white background. If the addition of a new commitment requires a re-evaluation of the document,

then the added commitment will appear as grey. Simple items like contact changes would not require a re-eval.

2. Select a tab to see the commitments for a specific discipline. Click the arrow next to each commitment to open up

the individual commitment information.

3. By selecting a commitment, you can assign the Responsible Party (they will receive an EnviroNet alert email). A

responsible person must be assigned prior to completing the other boxes related to the commitment. This person is

responsible for filling out the information in the remaining fields.

Note: “Responsible Party” will change to “Assigned Party” in future EnviroNet updates but will be referred to as

Assigned Party in all guidance documents before the change occurs.

4. Status: provides a space to record compliance/non-compliance for specific commitments, implementation updates,

etc. This box should be completed by the assigned party.

5. Date Completed: the date the commitment was implemented to completion. If a commitment has multiple parts,

the date completed is when the final action is completed.

6. Compliance Measure: A simple, comprehensive description of what measures and/or actions need to be completed

to sufficiently document how the environmental commitment was implemented successfully. Example: Commitment

indicates a note must be added to the plans requiring the Contractor to install orange construction fence around a

resource to protect it during construction. A Compliance measure could be: Temporary construction fence is installed

per plans. No works is observed or reported within the historic property boundary. Suggested compliance

documentation: photos of the temporary construction fence, undisturbed, installed per plan around the property.

7. Timing of Implementation: Which phase of project development the commitments need to be

implemented/completed. Options include Pre-Construction, Construction, Post-Construction, and Pre-Construction

and Construction.

8. Plan Sheet # (if applicable): Location of the plan note, drawing, or other important information related to the

commitment. Only applies to commitments that will be implemented during construction or post-construction.

9. Commitments cannot be deleted following NEPA approval. If a commitment must be changed, first determine if a

re-evaluation is required due to a change of scope. If so, edit the commitment during environmental document’s re-

evaluation. If no re-evaluation is required, make a note in the Status documenting the change and the reason for the

change. Upload any applicable documentation or coordination to the project file. Changing commitments should be

an infrequent practice that only occurs when absolutely necessary, as the commitment was made to comply with

laws and resource agency coordination. Use caution and coordinate with OES as needed when determining if the

commitment can change or if a re-evaluation is required. Subtle changes to language could miss the intent of the

commitment and open up the project to non-compliance.

Hover over the question mark icon and a Quick Tip box will appear and provide guidance on what information to include in the text boxes.

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APPENDIX B. EnviroNet Environmental Commitment Tab Standard Information

Area of Concern

Commitment

Implemented Note: Pre-construction

is any phase of the PDP prior to Construction

Potential Assigned Party

Compliance Measure Note: Projects without active compliance assistance may not have the

“Suggested Compliance Documentation”. A “Final monitoring check” should include updating the status in EnviroNet and uploading any available photos or

written documentation to the project file.

Suggested Active

Monitoring Frequency Compliance Measure

Suggested Compliance Documentation

Air

1. Air Quality Monitor Avoidance

Do not place diesel trucks within 500’ of the adjacent EPA existing air quality monitor [located at _ or as shown on the plans].

Construction

Environmental Staff; Project Manager/LPA; Project Engineer; Construction Inspector

Note added to plans. Air monitors are not moved or damaged during construction.

Proof that diesel trucks are being kept away (i.e. >500’) from the existing adjacent EPA air quality monitor.

1-2 times during construction. Once at end of construction.

2. Delineate Sensitive Areas

Establish truck staging areas in locations further than 500 feet from adjacent sensitive areas as shown on the plans.

Construction


Air quality sensitive areas delineated on plans. Note added to plans. Truck staging areas are not located adjacent to identified sensitive areas. No complaints from nearby areas are reported.

Visual confirmation of compliance documented in Environmental Compliance Monitoring Reports.

Once during construction. Once at end of construction.

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1. Coordinate Plans with SHPO

District Environmental Staff will provide Stage 2 plans to ODOT OES for coordination with the State Historic Preservation Office staff for a 15-day review period prior to finalization of the plans.

Pre-construction Environmental Staff

OES provides SHPO Stage 2 plans for review and consults with SHPO to address comments.

Uploading SHPO acceptance and resolution of any comments raised by SHPO to EnviroNet is documentation commitment was met.

Once, prior to plan file.

2.Archaeological Monitoring

ODOT will monitor the [archaeological site OR environmentally sensitive resource] during construction to record and recover any archaeological material that might be uncovered. The Contractor shall notify the Engineer of the proposed construction schedule a minimum of [XX days] prior to work within a 60 ft radius of [name site]. The Engineer will contact the District Environmental Coordinator, who will notify ODOT’s Office of Environmental Services (OES) so that the OES staff can be present. No work within 60 ft radius of [name site] is allowed without the presence of OES staff unless the Contractor receives a written waiver from OES.

Construction


Note added to plans. No work occurs within a 60 ft radius of the resource without the archaeological monitor on site. If requirement is waived, documentation is uploaded to the project file.


Once during required monitoring period.

3. Geosynthetic Fabric

Place geosynthetic fabric over the existing ground at [insert name of site as indicated in plans] prior to earth disturbing activities, placing fill, or both, as indicated in the plans.

Construction


Geosynthetic fabric areas delineated in plans. Note added to plans. Archaeological resources are protected through the proper installation of geosynthetic fabric prior to any earth disturbing activities.

Photo of geosynthetic fabric installed prior to earth disturbance.

Once during construction prior to earth disturbing activities at the resource location.

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Area of Concern

Commitment Implemented Potential

Assigned Party

Compliance Measure


Active Monitoring Frequency

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4. Delineate Boundaries and Temp Construction Fencing

Prior to beginning work within a 60 ft radius of [name site as indicated in plans], place temporary construction fencing around the site boundary within the work limits. Do not work within the historic property boundary.

Construction


Historic property boundaries shown on plans. Note added to plans. Temporary construction fence is installed per plans. No works is observed or reported within the historic property boundary.

Photos of the temporary construction fence, undisturbed, installed per plan around the property.

1-3 times during construction.

5. LIDAR scan

The [Project Manager] will ensure a LIDAR scan of the existing bridge is completed the winter prior to construction to provide a permanent detailed record of the historic structure. The [Project Manager] will submit the LIDAR scan to the Office of Environmental Services.

Pre-construction Environmental Staff; Project Manager/LPA

OES receives the LIDAR scan the winter prior to construction.

Lidar scan uploaded to EnviroNet is documentation commitment was met.

Once after scan is complete.

6. Bridge Salvage

Salvage for reuse, match-mark, protect during transport, and store the bridge components securely in preparation for restoration and re-erection.

Construction


Plan note for salvage added to plans. Per plans, the bridge components are carefully salvaged, protected, securely stored and reused or re-erected.

Photos of the bridge components safely removed and stored; photos of the bridge components reused or re-erected.

Once after salvaged and stored, once after reuse or re-erection by the contractor.

7. Commemora-tive Plaque

Manufacture and install interpretive plaque(s) or display(s) of the [indicate which historic resource] using ODOT-OES approved design and content. Coordinate the content and layout with [insert OES-Cultural staff and contact info] prior to manufacturing the interpretive plaque(s) or display(s).

Construction


Commemorative plaque design is included in the plans. Plans include manufacturing displays and installation location (design in plans is documentation commitment is met). The plaque is designed and installed per plan.

Photos of installed plaques.

Once prior to plan file. Once at end of construction.

8. Preparation and SHPO Acceptance of Permanent Record

[ODOT] will ensure a permanent record of the [name of historic property] is prepared prior to construction [pursuant to the executed Memorandum of Agreement (MOA)]. Upon SHPO’s acceptance of the permanent record, [ODOT] shall distribute the permanent record [pursuant to the MOA].

Pre-construction Environmental Staff Permanent record is prepared.

Permanent record, SHPO’s acceptance, and copies of distributions letters/emails uploaded to EnviroNet are documentation commitment was met.

Once prior to start of construction

9. Preparation and Acceptance of Historic Context, NR Nomination and OHI Forms

[ODOT] will ensure a [historic context/NR nomination/OHI form] of the [name of historic property] is prepared prior to construction [pursuant to the executed Memorandum of Agreement (MOA)]. Upon SHPO’s acceptance of the [historic context/NR nomination/OHI form], [ODOT] shall distribute the [historic context/NR nomination/OHI form] [pursuant to the MOA].

Pre-construction Environmental Staff Document is prepared.

Document, SHPO’s acceptance, and copies of distribution letters/emails uploaded to EnviroNet are documentation commitment was met.


10. Marketing Historic Bridge for Reuse

Prior to demolition of the [historic bridge], ODOT Office of Environmental Services will market the bridge for reuse on ODOT’s Reusable Bridges website for a reasonable duration, but a minimum of 90-days.

Pre-construction Environmental Staff

Bridge is marketed on ODOT’s Reusable Bridges website for at least 90 days.

Confirmation in Status of dates bridge was marketed and results of the marketing are documentation the commitment was met.


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Area of Concern


Assigned Party

Compliance Measure



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1. Bat Tree Cutting Restrictions

Ensure impacts to the federally listed and protected Indiana bat and northern long-eared bat are avoided and minimized. Do not remove trees from [April 1 through September 30]. Perform all necessary tree removal from [October 1 through March 31]. Demarcate clearing limits in the field to avoid any unauthorized tree clearing. For the purposes of this note, a tree is defined as a live, dying, or dead woody plant, with a trunk three inches or greater in diameter at a height of 4.5 feet above the ground surface, and with a minimum height of 13 feet.

Construction


Note added to plans. SWH (all trees within the project area) are cleared between October 1 and March 31. No additional trees are cut between April 1 and September 30.



2. Mussel Survey and Relocation by Contractor on Group 1 and 3 Streams

Hire a State permitted malacologist to complete a mussel salvage and relocation in accordance with the most recent version of the Ohio Mussel Survey Protocol prior to the initiation of construction activities below the ordinary high water

mark [identify stream if more than one]. The mussel survey must occur after May 1 and before October 1 either within the same season as the instream work or the season prior to the instream work. Submit the results of the mussel survey,

salvage work, or both to the ODOT District Environmental Coordinator [insert contact info]. Obtain approval from the Department prior to performing work below ordinary high water mark [of Stream X].

Construction


Note added to plans. The required mussel survey and relocation is performed prior to the start of construction in the waterway.

ODNR/USFWS approval of the survey/relocation is documentation commitment was met.

Once after mussel survey, prior to the start of work below OHWM.

3. Mussel Survey and Relocation by Contractor on Group 2 and 4 Streams

Hire a Federally permitted malacologist to complete a mussel salvage and relocation in accordance with the most recent version of the Ohio Mussel Survey Protocol prior to the initiation of construction activities below the ordinary high water mark [identify stream if more than one]. The mussel survey must occur after May 1 and before October 1 and within the same season as the instream work or the season prior if work will begin before June 15. Submit the results of the mussel survey, salvage work, or both to the ODOT District Environmental Coordinator [insert contact info]. Obtain approval from the Department prior to performing work below ordinary high water mark [of Stream X].

Construction


Note added to plans. The required mussel survey and relocation is performed prior to the start of construction in the waterway.



4. Mussel Survey and Relocation by ODOT

ODOT will ensure a [insert “State” for Group 1 and 3 streams or “Federally” for Group 2 or 4 streams] permitted malacologist must complete a mussel salvage and relocation in accordance with the most recent version of the Ohio Mussel Survey Protocol prior to the initiation of construction activities below the ordinary high water mark [identify stream if more than one]. The District Environmental Coordinator will coordinate the results of the mussel survey, salvage work, or both with [ODNR or USFWS]. The Department will ensure the mussel survey and relocation occurs, and approval has been received from [ODNR or USFWS], prior to the Contractor performing work below ordinary high water mark [of Stream X].

Pre-Construction or Construction


The required mussel survey and relocation is performed prior to the start of construction in the waterway.



5. Hibernating Bat Restrictions

Ensure impacts to the federally listed and protected Indiana bat and northern long-eared bat are avoided and minimized during hibernating. Perform blasting

activities between May 1 and September 30. ** Construction


Note added to plans. Blasting only occurs from October 1 to April 30. No blasting occurs between May 1 and September 30.


Once during restriction, once after period ends.

6. Coastal Zone Consistency Statement

Ohio Department of Transportation will obtain a Coastal Zone Consistency statement from the Ohio Department of Natural Resources prior to plan file.

Pre-construction Environmental Staff Coastal Zone Consistency Statement is obtained prior to plan file.

Coastal Zone Consistency Statement uploaded to EnviroNet is documentation commitment was met.

Once before or at plan file.

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Area of Concern


Assigned Party

Compliance Measure



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7. Bat Inspection on Brides (Contractor responsible and 2 years have elapsed since last inspection)

If construction will occur on a bridge structure greater than 20 feet in length over water, between the dates of March 31 and October 1, in areas of the bridge structure that provide suitable habitat for roosting bats, and greater than two years have elapsed since the last inspection for bats, the following applies and shall be included as a plan note: Visually inspect work areas on the structure for evidence of roosting bats within 60 days prior to demolition in accordance with Appendix D of Bridge Structure Assessment Guidance Federal Transportation Agency/State Department of Transportation (DOT) Preliminary Bat Assessment Guidelines for Bridges/Structures. The person(s) conducting the inspection must be capable of identifying bats. Inspection using binoculars from the ground is acceptable. Provide written confirmation of the inspection to the Engineer, including a statement indicating whether evidence of roosting bats was found. If no evidence of roosting bats were encountered, construction activities can proceed any time of the year. If roosting bats are encountered within the proposed work area, contact the Engineer and ODOT District Environmental Coordinator [name, contact info] immediately. Construction activities can only occur between October 31 and March 31 unless the Contractor blocks access to portions of the bridge that could become roosting locations prior to April 1. These areas include; vertical crevices sealed at the top, 0.5-1.25” wide, and ≥4” deep, crevices >12” deep & not sealed, expansion joints, and spaces between concrete end walls and the bridge deck. Provide written confirmation to the Engineer including a statement indicating measures taken to block access to roosting locations. Do not perform Work that would result in harm to the bats.

Construction


Note added to plans. ODOT receives the written confirmation of the inspection results. If bats are present, no work occurs that could harm bats OR confirmation that access to roosting locations is blocked.

Written confirmation and any additional coordination uploaded to EnviroNet are documentation commitment was met.

Once following bridge inspection and prior to work on bridge in areas that could impact bat roosting habitat. If bats are found, additional visits may apply.

8. Bat Inspection on Brides (someone other than contractor responsible (ex: DEC) and two years have elapsed since last inspection)

If construction will occur on a bridge structure greater than 20 feet in length over water, between the dates of March 31 and October 1, in areas of the bridge structure that provide suitable habitat for roosting bats, and greater than two years have elapsed since the last inspection for bats, an individual capable of identifying bats shall inspect the structure for bats. If bats are identified within the proposed work area, the following applies and shall be added as a note in the plans: Perform work between October 31 and March 31. The Contractor may work year-round if the Contractor blocks access to portions of the bridge that could become roosting locations prior to April 1. These areas include; vertical crevices sealed at the top, 0.5-1.25” wide, and ≥4” deep, crevices >12” deep & not sealed, expansion joints, and spaces between concrete end walls and the bridge deck. Provide written confirmation to the Engineer including a statement indicating measures taken to block access to roosting locations. Do no perform Work that would result in harm to the bats.

Pre-Construction Environmental Staff; Project Manager/LPA;

ODOT prepares/receives inspection documentation. If bats are present, no work occurs that could harm bats OR confirmation that access to roosting locations is blocked.

Written confirmation and any additional coordination uploaded to EnviroNet are documentation commitment was met.

Once following bridge inspection and prior to work on bridge in areas that could impact bat roosting habitat.

Area of Concern


Assigned Party

Compliance Measure



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9. Migratory Bird Protection: Peregrine Falcon

A known peregrine falcon nest is located below the bridge deck of the existing [SFN or CRS] bridge over the [name of river]. No force or deterrents are permitted against the peregrine falcon. Do not perform an activity that results in a pursuit, hunt, shoot, wound, kill, capture, or collection of a peregrine falcon. An attempt to carry out these activities is a Federal violation. Do not perform work below the bridge deck within 300 feet of an active peregrine falcon nest from February 1 through August 31. Immediately notify the Project Engineer if a peregrine falcon is encountered during construction. Encounters include falcons showing aggressive behavior towards workers, and the presence of any falcons on the bridge structure when construction activities may put them in harm’s way. Within 24 hours of notification, the Project Engineer will notify ODNR-Division of Wildlife (DOW) biologist [NAME at PHONE NUMBER], USFWS biologist [NAME at PHONE NUMBER], and ODOT District [#] environmental specialist [name and number]. Do not proceed with construction activities until ODOT, ODNR-DOW, and the USFWS agree on a course of action.

Construction


Note added to plans. Peregrine falcons are not disturbed. Construction activities are not observed or reported on the bridge between 2/1 and 8/31.

Photos of undisturbed peregrine falcon nests. Visual confirmation of compliance documented in Environmental Compliance Monitoring Reports.


10. Migratory Bird Protection: Swallows

Ecological studies identified Swallow nests , a native bird protected under the Migratory Bird Treaty Act (MBTA), were identified upon on the [CRS bridge/culvert] during the ecological survey for the project. The MBTA prohibits the intentional killing or capture of native birds protected under the Act. If construction activities are towill occur between the dates of May 1 and August 31 on this structure, then prior to the start of construction the contractor must inspect the structure for evidence of an active bird nest containing an egg or chick prior to starting work. The Contractor must pProvide written confirmation of the inspection, including a statement whether an active nest was found, to the Engineer. If an active nest containing an egg or chick is encountered, avoid impacts to the nest must be avoided until all developing birds are able to independently fly from the nest. If an active nest containing an egg or chick cannot be avoided, obtain a Depredation Permit from the USFWS prior to destroying any active nest. Contact the Region 3 Migratory Bird Regional Permit Office at 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458, phone number 612-713-5436, email [email protected] to obtain the permit. If no nests are encountered during the inspection, or if only inactive nests that do not contain an egg or chick are encountered, proceed with construction activities can proceed. The Contractor may remove and destroy Iinactive nests can be removed and destroyed. If an active nest containing an egg or chick cannot be avoided, the Contractor must obtain a Depredation Permit from the USFWS prior to destroying any active nest. Information on obtaining a Depredation Permit from the USFWS can be obtained by contacting the Region 3 Migratory Bird Regional Permit Office at 5600 American Blvd. West, Suite 990, Bloomington, MN 55437-1458, phone number 612-713-5436, email [email protected]. Projects performing construction activities between the dates of September 1 and April 30 do not require an inspection for migratory birds or avoidance measures. Ecological studies identified swallow nests on the [CRS bridge/culvert]. If construction activities will occur between May 1 and August 31 on this structure, inspect the structure for evidence of an active bird nest containing an egg or chick prior to starting work. Provide written confirmation of the inspection, including a statement whether an active nest was found, to the Engineer. If no nests are encountered during the inspection, or if only inactive nests that do not contain an egg or chick are encountered, proceed with construction activities. The Contractor may remove and destroy inactive nests. The Contractor may install exclusion measures between August 31 and May 1 to prevent migratory birds from nesting on the structure. Projects performing construction activities between the dates of September 1 and April 30 do not require an inspection for migratory birds or avoidance measures. If an active nest containing an egg or chick is encountered, avoid impacts to the

Construction


Note added to plans. Swallows are not disturbed. Construction activities are not observed or reported on the bridge between 2/1 and 8/31.

Photos of undisturbed swallow nests. Visual confirmation of compliance documented in Environmental Compliance Monitoring Reports.


14

nest until all developing birds are able to independently fly from the nest. If an active nest containing an egg or chick cannot be avoided, contact the Engineer at least 4 weeks prior destroying an active nest so the [Department/LPA] can obtain a Depredation Permit from the U.S. Fish and Wildlife Service. The Contractor shall be responsible for all costs and completing all tasks related to obtaining the Depredation Permit except for direct coordination with the Migratory Bird Regional Permit Office. Do not proceed with activities that will impact an active nest until the [Department/LPA] confirms the Depredation Permit is received.

Area of Concern


Assigned Party

Compliance Measure



Ecolo

gic

al

Ecolo

gic

al

11. Running Buffalo Clover

This project contains suitable habitat for the federally endangered Running Buffalo Clover (Trifolium stoloniferum). However, a survey for the species did not find any individual within or adjacent to the project area. While no additional surveys for this species are required during construction, if Running Buffalo Clover is subsequently identified within the construction limits during construction operations, all construction operations will temporarily cease, and the Project Engineer will notify the District Environmental Coordinator to re-

initiate consultation for the species. **

Construction Environmental Staff; Project Manager/LPA;

No evidence observed of impacted Running Buffalo Clover.

Written confirmation in EnviroNet that no Running Buffalo Clover was observed is documentation commitment was met.

Once at end of construction or if species is seen in project area.

12, Timber Rattlesnake Or Eastern Massasauga

[Timber Rattlesnake] - Do not harm or kill the snakes and use caution since the [timber rattlesnake] is a venomous species. If this species is encountered within the construction limits, stop all construction operations within the vicinity of the snake. The Project Engineer will immediately contact the District Environmental Coordinator. Do not resume construction activities within the vicinity of the snake until the District Environmental Coordinator determines the

coordination/consultation with [ODNR or ODNR and USFWS] is complete. **

Construction


Note added to plans. No evidence observed of harmed or disturbed Timber Rattlesnakes/Eastern Massasauga.


Once at end of construction or if species is seen in project area.

13. In-Water Work Restrictions (For LPA projects ONLY)

Do not work below the ordinary high water mark of [stream name], or install, modify, or remove any existing instream fills during the ODNR instream work restriction period of [insert appropriate dates].

Construction


Note added to plans. Work below OHWM does not occur during the restriction period.


1-3 times during the restriction period.

14. DOW Conditional Waiver

ODOT will re-submit the In-Stream Work Restriction Waiver Request to ODNR-DOW no more than one year, and no less than 30 days, prior to the start of construction.

Pre-construction Environmental Staff Final In-Water Work Restriction waiver received prior to construction.

Coordination and waiver uploaded to EnviroNet is documentation commitment was met.

Once prior to construction.

15. Depressed Culvert Inlet

The Project Designer will design a depressed culvert inlet in accordance with the ODOT L&D Manual Vol. 2 at [stream name].

Pre-construction Environmental Staff; Project Manager/LPA; Designer

Culvert is designed with a depressed inlet.

Culvert design in plans in documentation commitment was met.

Once before plan file.

16. Bioengineer-ing and Native Vegetation

The Project Designer will incorporate bioengineering and native vegetation into the design for [area requiring bioengineering].

Pre-Construction. Environmental Staff; Project Manager/LPA; Designer

Project is designed with bioengineering and native vegetation.

Design including bioengineering and native vegetation is documentation commitment was met.


17. Native Grasses/ Wildflowers

The Project Designer will ensure the plans provide for the use of native grasses and/or wildflowers (659.09 Class 4, 5, 6, or similar) for reseeding.

Pre-Construction Environmental Staff; Project Manager/LPA; Designer

Plans specify the use of native grasses and/or wildflowers.

Plans citing native plantings per CMS 659.09 is documentation commitment was met.


**Example of creating a commitment based on an Avoidance and Minimization Measure (AMM) from the Section 7 Consultation Template. For projects that require AMMs, please develop the commitment based on the writing

criteria listed above (who, what, where, when), and the measures required by the AMM.

For projects that fall under the Scenic River MOA, environmental commitments should be taken from the “Standard Response to ODNR Scenic River MOA Conditions” document.

15

Area of Concern


Assigned Party

Compliance Measure



Flo

odp

lain

1. Floodplain Permit

[ODOT will self-permit] [The LPA will obtain the floodplain permit or documentation of exemption] prior to plan file.


Floodplain permit is obtained prior to construction

Permit uploaded to EnviroNet is documentation commitment was met.

Once prior to the start of construction.

MO

T

1. Special Event MOT

The Project Designer will ensure appropriate local detour routes and accommodations are included in the plans for [name specific event]. The plan note must include dates of the event, detour routes, and required signage.


Appropriate MOT information is included the plans

MOT in plans is documentation commitment was met.

Once prior to plan file.

Nois

e

Nois

e

1. Noise Restrictions (if no local noise ordinance is in place)

Do not perform construction involving the use of power-operated equipment from [9:00 p.m. to 7:00 a.m.] without the prior permission of the Project Engineer. [Note – local ordinances, if in place, will supersede.]. including, but not limited to: front loaders, backhoes, dozers, tractors, scrapers, graders, pavers, roller compactors, slip form equipment, pavement planing equipment, dump trucks, concrete mixers, concrete pumps, cranes, compressors, generators, pumps, pile drivers, jack hammers, rock drills, pneumatic tools, saws, and vibrators shall be performed

Construction


Note added to plans. No construction involving power-operated equipment was observed or reported between the times listed unless PE approves. Permission from the PE that is uploaded to EnviroNet is documentation commitment was met.



2. Noise Public Involvement

ODOT will conduct noise public involvement to determine the desired color, and texture of the noise wall prior to commencing noise wall construction plan preparation


Noise PI is conducted with enough time to incorporate results into the final plans (outreach and responses are documentation commitment was met).

OES approval of the Noise Public Involvement Summary Report

Once prior to plan file (note); Once after noise wall is constructed.

3. Vegetative Screening

The Project Designer will coordinate with District Environmental Staff and the

Office of Environmental Services to determine required species, size and spacing

for project specific Vegetative Screening. The Designer will incorporate the Vegetative Screening design into the plans following approval from ODOT’s Office of Environmental Services.

Pre-construction

Environmental Staff; Project Manager/LPA; Designer

Vegetative Screening is included in plans (plans are documentation commitments are met).

Vegetative screening design is correctly included in plans.

Once prior to plan file (note); Once after vegetative screening is constructed.

4. Noise Wall Design

The Project Designer will design and incorporate project specific noise wall designs, including the results of public involvement, into the plans in accordance with and approval from ODOT’s Office of Environmental Services


Noise wall design is included in plans and matches results of PI

Plans are documentation commitment was met.


5. Noise Barrier Installation

ODOT will ensure the [type of noise barrier] was installed per plan. Construction


Noise barrier is built per plan.

Photo of barrier installed per plan. Once after noise barrier construction.

6. Coordinate Noise Wall Plans with OES

ODOT will have a conference call with the noise wall designer prior to commencing noise wall construction The Project Designer will provide all staged noise wall construction plans to the Office of Environmental Services for review and approval a minimum of 30 days prior to finalizing each staged review plan set.


OES confirms noise wall design prior to final plans.

OES’s written approval of the design.


16

Area of Concern


Assigned Party

Compliance Measure



Nois

e

7. Use Waste Soil for Noise Berm

The Project Designer will coordinate with the District Environmental Staff and

the Office of Environmental Services to determine the required height, slope, and vegetative cover to develop a plan note or construction plans for utilizing

waste material to construct a noise berm at [insert location]. Office of Environmental Services and District Environmental Staff will approve the note and/or construction plans prior to finalizing the plans.

Pre-construction

Environmental Staff; Project Manager/LPA; Designer

Noise berm plan approval. Berm design is correctly included in project plans.

Once prior to plan file (note); Once after berm is constructed.

Secti

on 4

(f)

++

Secti

on 4

(f)

++

1. Delineate 4(f) Property

The Project Designer will incorporate the known boundary of [insert property name] within the project area in the plans and label it accordingly.

Pre-construction Environmental Staff; Project Manager; Designer;

4(f) boundary is included. Boundary in plans is documentation commitment was met.


2 Temporary Construction Fence for Resources Within/Abutting Const. Limits

Install and maintain temporary construction fencing along the known boundaries of [name of 4(f) property] within the project construction limits prior to the start of construction activities.

Construction


Note added to plans. Temporary construction fence is in place around property within construction limits.

photos of the temporary construction fence, undisturbed, installed per plan around the property.


3. Appropriate Signage

Prior to the start of construction activities, install signage approved by the Engineer to alert [property name] users of construction activities and access restrictions or closures, and to direct users to secondary access points.

Construction


Note added to plans. Signage is installed that displays the required information.

Photos of the signs. 1-3 times during construction.

4. Coordinate Construction Schedule

Provide the construction schedule to the Department [ODOT position and phone number] [and applicable sponsors and OWJs position and phone number] 30 days prior to the start of construction activities.

Construction


Note added to plans. ODOT received notification at least 30 days prior to the start of construction.

Notification is documentation that commitment was met.

Once prior to the start of construction.

5. Maintain Access to Property

Maintain safe public access to [property name] at all times during construction activities via flagging operations, a detour, or both approved by the Project Engineer.

Construction


Note added to plans. Access is maintained to the property at all times during construction; no restrictions are observed or reported.



6. Maintain Access; Restrict Only When Necessary

The Contractor may only Restrict public access to [property name] for [time period] to complete construction activities that could compromise public safety. Maintain public access to [property name] at all other times throughout construction.

Construction


Note added to plans. Access is not restricted during construction, except during the specified times and activities. No evidence of restricted or unsafe access observed or reported.



++Only choose the commitments that are applicable per the Section 4(f) Official with Jurisdiction Letter to avoid including commitments that contradict each other.

17

Area of Concern

Commitment Implemented Potential Assigned Party

Compliance

Measure

Suggested Compliance

Documentation

Active

Monitoring

Frequency

Sole

Sourc

e

Aquif

er/

Dri

nkin

g W

ate

r

2. Sole Source Aquifer or Drinking Water Protection Area

This project is located within a [Sole Source Aquifer OR Drinking Water

Protection Area]. Use proper containment and diking in refueling areas. Do not

store fuels, toxic/hazardous materials, and chemicals near drainage ways,

ditches, or streams. Maintain a spill kit on-site throughout construction

activities. Immediately mitigate any event, such as a spill of fuels, oils, or

chemicals, that could threaten to contaminate the drinking water supply. Report

all spills or events to the [insert water treatment plant contact and phone

number]. If the spill is a reportable amount (per Ohio EPA’s Release Reporting

Requirements), contact [insert fire department to contact and phone number]

or the Ohio EPA’s Spills Hotline 1-800-282-9378 for clean-up of the spill.

Construction


Note added to plans.

Appropriate containment is

utilized; no spills are

observed or reported. No

regulated materials are

stored near drainage ways,

ditches, or streams and

spill kit is on-site. If spills do

occur, they are

immediately mitigated and

reported.

Photos showing proper

containment and spill kits on site.

Visual confirmation of compliance

documented in Environmental

Compliance Monitoring Reports.

1-3 times during

construction.

Wate

rway P

erm

its

Wate

rway P

erm

its

1. Obtain Waterway Permit (When Not Obtained Prior to NEPA Approval)

[ODOT/LPA] will obtain all appropriate waterway permits prior to any work

within the jurisdictional boundary of any waterway, including wetlands, and all

[ODOT: Waterway Permit Special Provisions /LPA: all applicable waterway

permits] will be [noted under Special Provisions/included] in the plans and

adhered to during construction.

Pre-construction; Construction


Permit obtained prior to

work in waters (permit is

documentation

commitment was met). No

evidence of

impacts/activities observed

or reported outside of

what is authorized in the

waterway permit special

provisions. All

requirements within the

waterway permit special

provisions are completed.

Photos of aquatic resources with

authorized impacts and other

requirements in the special

provisions (demarcation, TAF

requirements, etc.); and/or visual

confirmation of compliance in

Environmental Compliance

Monitoring Reports

Once prior to

construction. 1-

3 times during

construction.

2. No Impacts Until Permit is Obtained

Do not perform any work within the jurisdictional boundaries of any waterway,

including wetlands, until [ODOT/LPA] obtains the necessary waterway permit(s).

Work includes the placement of any temporary or permanent fills. [Work over

[name of navigational river] is not permitted until [ODOT/The Contractor]

receives USCG approval.]

Construction


Note added to plans. No

waterway impacts occur

prior to obtaining permit.

Visual confirmation of compliance

documented in Environmental

Compliance Monitoring Reports.

1-3 times during

construction.

3. Adhere to Waterway Permit (When Obtained Prior to NEPA Approval)

[ODOT/LPA] will adhere to all appropriate [ODOT: Waterway Permit Special Provisions/LPA: Waterway Permit conditions] throughout construction.

Construction


No evidence of impacts/activities observed or reported outside of what is authorized in the waterway permit special provisions. All requirements within the waterway permit special provisions are completed.

Photos of aquatic resources with authorized impacts and other requirements in the special provisions (demarcation, TAF requirements, etc.); and/or visual confirmation of compliance in Environmental Compliance Monitoring Reports


4. No Impacts to Any Aquatic Resource (and

Do not place any temporary or permanent fill within the jurisdictional boundaries of all streams, wetlands, and jurisdictional ditches during construction of this project, including scaffolding or bracing. Do not place any

Construction Environmental Staff; Project Manager/LPA; Project Engineer;

All aquatic resources labeled on plans. Note added to plans. No

Photos of unimpacted jurisdictional resources.


18

no Special Provisions)

equipment within the jurisdictional boundary of any waterway. If debris enters the waterway during construction, remove the debris immediately using equipment staged outside the jurisdictional boundary.

Construction Inspector evidence of fills in any wetlands, streams, or jurisdictional ditches are observed or reported.

Area of Concern


Assigned Party

Compliance Measure



Asb

est

os

1. OEPA Notification of Demolition and Renovation (Contractor Initiates Process Starting with Survey)

Asbestos Survey Required Hire a Licensed Asbestos Hazard Evaluation Specialist to determine if regulated asbestos is present on the structure [county, route, & section] in excess of the allowable regulatory limits and requires abatement. The Hazard Evaluation Specialist shall prepare an Asbestos Inspection Report containing the quantities and locations of asbestos containing materials. Electronic Submission: Submit one electronic PDF copy and one hard copy of the Asbestos Inspection Report and Notification of Demolition and Renovation Form (NDRF) partially completed with the applicable information and report findings to the Engineer. The Engineer will provide one copy to the District Environmental Staff. Asbestos Abatement: If the asbestos inspection determines asbestos is present on the structure in excess of the regulatory limits and requires abatement, the Licensed Asbestos Hazard Evaluation Specialist will provide the Asbestos Inspection Report containing quantities and locations of the asbestos containing materials and partially completed NDRF to the Abatement Contractor. The Abatement Contractor shall submit the completed NDRF and Asbestos Inspection Report along with all applicable fees to OEPA. Abate, transport, and dispose all asbestos containing material above allowable regulatory limits in accordance with all federal, state, and local regulations. Dispose the asbestos containing materials in a landfill licensed by the Ohio Department of Health and permitted by the Ohio Environmental Protection Agency - Division of Air Pollution Control to accept asbestos containing material. The removal and disposal of all asbestos containing material must comply with the Ohio Administrative Code (OAC) regulations and the National Emission Standard for Hazardous Air Pollutants (NESHAP) standard for asbestos. Electronic Submission: Submit a completed electronic Notification of Demolition and Renovation Form (NDRF), applicable fees, and the Asbestos Inspection Report to the OEPA at least 10 days prior to any demolition activity, renovation activity, or both. Submit the NDRF and payment along with the Asbestos Inspection Report using the OEPA eBusiness Center. Submit one electronic PDF copy and one hard copy of the NDRF to the Engineer. The Engineer will provide one copy to the District Environmental Staff.

Construction


Note added to plans. Contractor submits documentation for transporting materials. OEPA receives Demo/Reno Form 10 days prior to reno/demo activity and Contractor provides ODOT a PDF of the form.

Final and dated Demo/Reno Form (PDF of online form) is documentation commitment was met.

Once after form is complete and submitted.

19

Hard Copy Submission: The Contractor may submit a hard copy of the completed NDRF and payment along with the Asbestos Inspection Report. Follow mailing instructions on the NDRF. Check with Local Health Department [insert contact information] to determine if they require a hard copy submittal. Submit the completed NDRF to OEPA at least 10 days prior to demolition activity, renovation activity, or both. Retain two hard copies of the NDRF and submit one copy to the Engineer and one copy to District Environmental staff [insert contact information]. Basis of Payment Submit all documentation related to the survey, abatement, transport, and disposal of asbestos containing materials to the Engineer within two weeks of completion. The Engineer will provide a copy of the documentation to the District Environmental Staff. Payment for this work shall be made at the bid price of lump sum. The following estimated quantity has been included in the general summary for the work noted above: 690E98400 Item Special - Misc.: Work Involving Asbestos Containing Materials - Lump Sum OR MOP 202 – Removal of Structures and Obstructions: Work Involving Asbestos Containing Materials – Lump Sum OR Other appropriate Pay Item

2. OPEA Notification of Demolition and Renovation (ODOT Initiates Process - No Asbestos Above Regulatory Limits)

No Asbestos or Asbestos Below Regulatory Limits

An asbestos survey for [structure ID and type] scheduled for demolition work was

conducted by a Licensed Asbestos Hazard Evaluation Specialist. A copy of the

Asbestos Inspection Report for the structure is included in the plan package for

this project. The Asbestos Inspection Report did not identify the presence of

any asbestos containing materials above regulatory limits.

Dispose asbestos containing materials in a landfill licensed by the Ohio

Department of Health and permitted by the Ohio Environmental Protection

Agency - Division of Air Pollution Control to accept asbestos containing material.

The removal and disposal of all asbestos containing material must comply with

Construction


Note added to plans. OEPA receives Demo/Reno Form 10 days prior to reno/demo activity and Contractor provides ODOT a PDF of the form.



20

the Ohio Administrative Code (OAC) regulations and the National Emission

Standard for Hazardous Air Pollutants (NESHAP) standard for asbestos.

Electronic Submission:

Submit a completed electronic Notification of Demolition and Renovation Form

(NDRF), applicable fees, and the Asbestos Inspection Report to the OEPA at least

10 days prior to any demolition activity, renovation activity, or both. Submit

the NDRF and payment along with the Asbestos Inspection Report using the OEPA

eBusiness Center. Submit one electronic PDF copy and one hard copy of the NDRF

to the Engineer. The Engineer will provide one copy to the District Environmental

Staff.

Hard Copy Submission:

The Contractor may submit a hard copy of the completed NDRF and payment

along with the Asbestos Inspection Report. Follow the mailing instructions on the

NDRF. Check with Local Health Department [insert contact information] to

determine if they require a hard copy submittal.

Submit the completed NDRF to OEPA at least 10 days prior to demolition activity,

renovation activity, or both. Retain two hard copies of the NDRF and submit one

copy to the Engineer and one copy to District Environmental staff [insert contact

information].

Basis of Payment

Submit all documentation related to the survey, abatement, transport, and

disposal of asbestos containing materials to the Engineer within two weeks of

completion. The Engineer will provide a copy of the documentation to the

District Environmental Staff.

Payment for this work shall be made at the bid price of lump sum.

The following estimated quantity has been included in the General Summary for

the work noted above:

690E98400 Item Special - Misc.: Work Involving Asbestos Containing Materials -

Lump Sum

OR

MOP 202 – Removal of Structures and Obstructions: Work Involving Asbestos

Containing Materials – Lump Sum

OR

other appropriate Pay Item

3. OPEA Notification of Demolition and Renovation (ODOT Initiates Process –

Asbestos Abatement Required

The asbestos inspection determined that [add quantity] of asbestos is present

on the structure [county, route, & section] in excess of the regulatory limits

and requires abatement. ODOT will provide the Asbestos Inspection Report

containing the quantities and locations of the asbestos containing materials at

Construction


Note added to plans. OEPA receives Demo/Reno Form 10 days prior to reno/demo activity and Contractor



21

Asbestos Present)

the pre-construction meeting. A Licensed Hazard Evaluation Specialist will

provide a partially completed Notification of Demolition and Renovation Form

(NDRF) with the Asbestos Inspection Report. The Abatement Contractor shall

complete the NDRF.

Abate, transport, and dispose all asbestos containing material above allowable

regulatory limits in accordance with all federal, state, and local regulations.

Dispose the asbestos containing materials in a landfill licensed by the local

health department and permitted by the Ohio Environmental Protection

Agency - Division of Air Pollution Control to accept asbestos containing

material. The removal and disposal of all asbestos containing material must

comply with the Ohio Administrative Code (OAC) regulations and the National

Emission Standard for Hazardous Air Pollutants (NESHAP) standard for asbestos.

Electronic Submission:

Submit a completed electronic Notification of Demolition and Renovation Form

(NDRF), applicable fees, and the Asbestos Inspection Report to the OEPA at

least 10 days prior to any demolition activity, renovation activity, or both.

Submit the NDRF and payment along with the Asbestos Inspection Report using

the OEPA eBusiness Center. Submit one electronic PDF copy and one hard copy

of the NDRF to the Engineer. The Engineer will provide one copy to the District

Environmental Staff.

Hard Copy Submission:

The Contractor may submit a hard copy of the completed NDRF and payment

along with the Asbestos Inspection Report. Follow mailing instructions on the

NDRF. Check with Local Health Department [insert contact information] to

determine if they require a hard copy submittal.

Submit the completed NDRF to OEPA at least 10 days prior to demolition

activity, renovation activity, or both. Retain two hard copies of the NDRF and

submit one copy to the Engineer and one copy to District Environmental staff

[insert contact information].

Basis of Payment

Submit all documentation related to the abatement, transport, and disposal of

asbestos containing materials to the Engineer within two weeks of completion.

The Engineer will provide a copy of the documentation to the District

Environmental Staff.

Payment for this work shall be made at the bid price of lump sum.

The following estimated quantity has been included in the general summary for

the work noted above:

690E98400 Item Special - Misc.: Work Involving Asbestos Containing Materials - Lump Sum OR MOP 202 – Removal of Structures and Obstructions: Work Involving Asbestos Containing Materials – Lump Sum

provides ODOT a PDF of the form.

22

OR Other appropriate Pay Item

23

APPENDIX C. Active Compliance Assistance During Construction

Preparing an Environmental Commitment Monitoring Plan

Prepare a Monitoring Plan to address the quantity and frequency of visits. Depending on available time and compliance risk, the quantity and frequency will vary. Higher-risk projects warrant a greater number of visits, at least when work has the potential to impact sensitive resources. As time permits, weekly or bi-weekly visits tend to be ideal for higher-risk projects. Lower-risk projects or projects with limited time can be monitored monthly, bi-monthly, or even just a couple times throughout construction. Monitors will determine what frequency and/or quantity is best for each individual project. Monitoring Plans should also identify which commitments will be reviewed during the visit. The Environmental Monitoring Observation Report creates a lists of all commitments that will be implemented during construction, and acts as a base to decide which will be reviewed on each visit. If possible, review all applicable/active commitments during construction. Time may require monitors to only review a portion of active commitments, and in those cases, monitors should use their best judgement to determine which are the most important and/or the most practicable based on proximity.

Planning a Site Visit

Safety

Prior to entering a site, always contact the Project Engineer to let them know you will be present and to learn about any safety restrictions. The Engineer may provide specific rules for the site, such as restricted cell phone use in certain areas. Discuss if you will need any other special safety equipment such as eye, hearing, or respiratory protections. You should always have eye protection on hand as it is usually a standard requirement. Any time a monitor enters a construction site, safety should be their number one priority. Monitors are required to wear Personal Protective Equipment (PPE), including a hard hat, high visibility apparel (vest, shirts, or jackets), and steel-toed boots or shoes with safety caps at all times when on a construction site or within ODOT right-of-way. Personnel onsite are also required to wear shirts that cover the torso and full-length pants. Sneakers, sandals, or other inappropriate footwear are not permitted in work areas. Projects with petroleum contaminated soils or other regulated materials may require additional levels of PPE for individuals who are prequalified and trained to work with the applicable materials. Monitors who are not trained and qualified must avoid those contaminated areas.

Always remain alert on construction sites/within ROW or work zones. If heavy equipment is used in the area, make eye contact with the operators if possible before proceeding. Another useful strategy is to avoid walking alone on a construction site or within ROW as much as possible. Key items to keep in mind during site visits:

a. Do not talk to the Contractor or the Contractor’s employees unless directed by the Project Engineer

b. Do not aid or direct construction activities

c. Do not wear ear phones/buds

d. Do not position yourself between mechanical equipment and a fixed object

Document Review

Prior to a site visit, monitors should review contract documents related to environmental commitments to ensure they are checking all applicable compliance areas. Documents containing environmental commitments or requirements include plan notes, plan drawings (showing resources and construction limits), special provisions, Stormwarer Pollution Prevention Plan (SWPPP) reports, and any other environmental permit that was included in the contract. The Environmental Commitment Monitoring Report is developed from all commitments implemented during construction.



24

Resource-Specific Examples

Resources in all environmental disciplines and areas can be protected or have specific requirements during construction. The goal of this section is to show what the commitments looks like in the contract documents and indicate what the requirement can look like in field.

Demarcating Cultural Resources for Avoidance and/or Removal and Storage:

Figure 1. Example of US 40 Mile Markers

Figure 2. Plan note indicating no damage to the markers is permitted and the contractor must remove, store, and reinstall the markers.

Figure 3. The contractor was required to place orange construction fencing around the mile marker to prevent damage from construction activities.

25

Figure 2 indicates the required process for handling the mile markers on that project. When performing the on-site observation, the monitor should check to ensure the mile marker is removed from harm’s way and returned to its designated location once construction is complete. To check on Figure 3’s requirements, the monitor will make sure the construction fencing is around the marker and that the marker had not been damaged. If a project had the plan note from Figure 2, but the monitor went on-site and saw the marker surrounded by construction fence like in Figure 3, they should immeidately contact the DEC and Project Engineer to inform them that the commitment is not being met.

Cultural Plan Notes and Drawings

Figure 4. Plan notes for archaeological monitoring and protections for archaeological sites.

Figure 5. Aesthetic design requirements on bridge resulting from Tribal coordination.

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Cultural plan notes may require an archaeological monitor be on-site whenever work is occurring near a known protected resource (Figure 4). If you observe construction operations occurring without the archaeological monitor, you should immediately notify the Project Engineer or the appropriate ODOT District staff to halt those operations until the monitor is present. Cultural plan notes may also direct the Contractor in certain methods. For example, the second note in Figure 4 directs the Contractor to place geosynthetic fabric down prior to placing fill to protect an archaeological site and to place temporary fencing along the work limits within the vicinity of the site. Monitors should ensure these actions occur, since this came from coordination with the State Historic Preservation Office, and their Section 106 approval relied on protecting these resources.

Section 4(f) Park Access/Restrictions

Section 4(f) protects publicly owned parks, recreational areas, wildlife and waterfowl refuges, and private or public historical sites. ODOT must coordinate with the owners of these resources and many times there are conditions before the Officials with Jurisdiction will allow ODOT to impact the resources. The plan notes in Figure 6 indicate conditions that came from Section 4(f) coordination regarding sign placement on the multiuse path that intersects the construction limits. The photos in Figures 7 and 8 are documenting that these plan notes/commitments were implemented, and this is what monitors should observe when assessing the site.

Figure 6. Section 4(f) Multiuse Trail Plan Notes

Figure 7. Signs closing multiuse trail during construction.

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Figure 8. Sign warning of trail closure.

River Navigation Requirements The US Coast Guard (USCG), US Army Corps of Engineers (USACE), and Ohio Department of Natural Resources (ODNR) can require waterbodies remain open for marine traffic, including both commercial and recreational navigation. Figure 9 is a plan note coming from a USCG and a Section 9 requirement to keep a river over at all times for marine traffic. Figure 10 is a plan note for recreational purposes, indicating the river must be open for traffic during certain holidays and weekends. Figure 11 shows a part-width causeway as opposed to a full-width causeway, which the monitor should look for during an observation. A full-width causeway would be non-compliant with the Section 404 permit and USCG conditions, and would not meet the commitment for recreation if river traffic could not be maintained on holidays and weekends.

Figure 9. Navigation requirement located in the Waterway Permit Special Provisions.

Figure 10. Navigation requirement as a plan note.

Figure 11. Photo of a part-width causeway, which maintains an opening for marine traffic.

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Stream and Wetland Avoidance During NEPA, ODOT tries to minimize impacts to resources as much as possible. During design, ODOT may completely avoid impacts to a stream or wetland. Avoiding water resources may reduce the level of permitting or eliminate the need for a waterway permit. However, in these instances it is important to ensure those avoided resources are not intentionally or unintentionally impacted during construction. Figure 12 shows a wetland drawn and labeled on a plan sheet with “Do Not Disturb” written underneath. All resources near to adjacent to the work areas should be demarcated. If drainage/stormwater from the work area will likely enter the resource, it should also be protected by silt fence so sediment from the project does not run off into the resource.

Figure 12. Plan sheet with wetland labeled, delineated, and identified as "do not disturb"

Figure 13 shows another way ODOT may identify resources that are not permitted to be impacted. This project has a waterway permit, and impacts are permitted to certain resources (Wetland 6). However, the Special Provisions (Figure 13) indicates that impacts to Wetland 4 and Turtle Creek are not authorized, and these resources are identified on the plans (Figure 14). Monitors should ensure no direct impacts (such as dumping materials or storing equipment) or indirect impacts (sediment runoff from missing or unmaintained sediment and erosion control measures) occur to these resources. Orange construction fence is the preferred method of demarcation per coordination with the USACE. Other visual methods may be used if orange construction fencing is not feasible (e.g. in-stream wetlands), but some visual demarcation is required. Some projects may require the use of construction fence via plan note (Figure 15), and monitors should ensure fencing is used as opposed to some other form of demarcation.

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Figure 13. Waterway Permit Special Provisions identifying authorized and unauthorized aquatic resource impacts.

Figure 14. Aquatic resources identified on plans (and referenced in Special Provisions from Figure 14).

Figure 15. Plan note requiring the use of orange construction fence for demarcating wetland boundaries.

The wetlands in Figure 16 will be partially impacted. Silt fence and construction fence surround the wetland areas that are not authorized for impact (Figure 17 and Figure 18), and this is a good example of what to look for when monitoring. If you see unauthorized fills in streams or wetlands, or streams or wetlands that are not demarcated as described in the plans or the special provisions, inform the Project Engineer or appropriate ODOT staff to stop the activities straight away. ODOT Environmental will need to coordinate any unauthorized fills with the resource agencies.

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Figure 16. Plan note indicating partial impact to wetland and areas that shall not be disturbed.

Figure 17. Orange construction fence surrounding part of area that cannot be impacted.

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Figure 18. Orange construction fence and silt fence protecting a wetland.

No Build Zones No build zones may also be identified on the plans (Figure 19), especially if the project is design build. No build zones contain resources that were not authorized for impacts and the Contractor should not perform any work in these areas. If you see construction operations occurring in areas identified as No Build Zones on the plans, immediately notify the appropriate ODOT personnel.

Figure 19. No build zone identified on plans.

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Ecological and Scenic River Requirements ODNR, ODNR Scenic Rivers, NPS Scenic Rivers, and USFWS may require or request actions on a project prior to providing their approvals. A typical ecological commitment that appears as a plan note restricts tree clearing between April 1st and September 30th (Figure 20). If you observe any tree clearing within this period, notify the Project Engineer since the tree clearing should be halted and ODOT Environmental will have to coordinate the non-compliance with the resource agency. Instream work restrictions to project ecological resources may also become a plan note (Figure 20). The contractor is required to abide by these restriction dates unless a waiver was requested and received from the agencies. Once again, if construction activities are observed within the applicable streams, notify the Project Engineer who should coordinate halting that work. Certain projects may require the Contractor to perform inspections underneath bridges prior to construction to determine if any bats are roosting on the bridge (Figure 20). The monitor should ensure the contractor performed this inspection, and that they are not starting or continuing construction activities if bats are present.

Figure 20. Examples of Ecological and Scenic River Commitments.

Floodplain requirements Projects may limit the storage of materials and vehicles within floodplains (Figure 21). Plans should indicate the floodplain boundaries, and monitors should check that Contractors are not storing materials within these boundaries (Figure 22). If they are, check to see if they have approval from the floodplain coordinator, as ODOT requires the Contractor to coordinate with them directly to obtain approval for staging and storing within the floodplain. The plans should also indicate if storage within the floodplain is not permitted.

Figure 21. Plan note prohibiting activities in a floodplain.

Figure 22. Unsecured construction materials stored on a causeway, within the floodplain. This issue should be addressed.

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Maintenance of Traffic Similar to the Section 4(f) access requirements, public involvement may result in certain roads or businesses that require accesses at all times or during certain periods (Figure 23). Monitors should check if access is maintained during the times defined in the plan notes.

Figure 23. Examples of maintenance of traffic plan notes

Environmental-Related Construction and Material Specifications Environmental-related CMS items are not NEPA environmental commitments, but they also must be complied with during construction. Some environmental approvals are given because ODOT informs the agency that they will comply with their comments by following certain CMS items. Supplemental Specification (SS) 832 can have impacts on compliance with the Clean Water Act and the NPDES permit, Endangered Species Act, State Species Laws, Scenic Rivers, etc. If SS 832 is not followed, it can lead to unintentional sediment filling a stream or wetland, which will result in a non-compliance or violation with the Clean Water Act. Additionally, Traffic Engineering Manual (TEM) 642-58 is used for construction notification requirements The following items could have environmental approvals tied to their implementation:

o 105.16 Borrow and Waste Areas o 105.17 Construction and Demolition Debris o 107.08 Bridges over Navigable Waters o 107.09 Use of Explosives o 107.10 Protection and Restoration of

Property o 107.19 Environmental Protection o 201.02 Clearing and Grubbing – General o 202 Removal of Structures and

Obstructions o 203.03 Restrictions on the Use of

Embankment Materials o 257.03 Diamond Grinding Portland

Cement Concrete Pavement - Construction

o 514 Painting of Structural Steel o 514.07 Protection of Persons and

Property o 514.13.D Contaminate/Waste

Disposal o 514.13.D.1 Hazardous Waste

o 514.17.F Coating Application – Spray Application (General)

o 616 Dust Control o 659 Seeding and Mulching o 670 Erosion Protection o 671 Erosion Control Mats o SS 832: Temporary Sediment and Erosion Controls

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Regulated Materials

ODOT manages six types of regulates wastes: Construction Demolition Debris, Scrap Tires, Solid Waste, Regulated Water, Hazardous Waste, and Toxic Substances Control Act (TSCA) Regulated Waste. Construction demo debris is the least regulated, and the list increases to the most regulated with TSCA regulated waste. Underground Storage Tanks, or USTs, are tanks that previously stored regulated substances. If USTs are identified on a project, a plan note will be included specifying the removal. The Contractor will apply for a permit either from (Bureau of Underground Storage Tank Regulations (BUSTER) or the State Fire Marshal. The monitor should ensure the Contractor has a copy of this permit on site. While the UST removal is occurring, a Certified Inspector must be on site to observe and a Certified Tank Installer must perform the removal.

Figure 24. Photos of USTs and Petroleum Contaminated Soil plan notes

Garbage, trash, refuse, litter, etc. are regulated solid wastes. Ensure containers are used to dispose of garbage, and that the disposal follows the specifications within the Contract Documents. Regulated water can originate when dewatering activities occur in areas that contain regulated materials. If regulated materials are present and suspected to generate regulated water, the plans will specify how to dewater. The Contractor will develop a plan for removal, but those plans must be approved by the Project Engineer. Monitors must ensure the Contractor is following the plan notes specifying if monitoring wells will be abandoned, raised, lowered, or avoided, and ensure they are proceeded with the activity as directed. Agencies are concerned with creating an inadvertent conduit for a way to introduce contaminants back into the soil and into groundwater. Abrasive blasting waste must be properly managed during construction, which includes collecting and containing the waste for testing. Once tested, the waste will be characterized, and the Contractor will determine the appropriate disposal method. While on site, be aware of spills as abrasive blasting waste is collected and containerized. Solvents are typically used for cleaning surfaces prior to painting, and they are not allowed to evaporate as that is considered illegal disposal. Ensure containers are closed and the items are not allowed the evaporate. Open containers may result in a citation for illegal disposal or treatment.

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27-13 authorizations (landfill authorizations) are required if ODOT is performing construction activities on landfills. The authorization should be attached to the plans, and some authorizations may contain conditions that must be complied with during construction (Figure 25).

Figure 25. Plan note stemming from 513 authorization condition.

Spill prevention and good housekeeping will result in a positive impact on the environmental. Poor spill prevention and good housekeeping may negatively impact water quality and public health, and violate a number of environmental regulations. Fuels and chemicals must be stored in compatible containers and remain in good condition (no leaks or signs of corrosion or damage). Chemicals should not be disposed directly on the ground or into a surface water, sanitary sewer, or storm sewer. If you notice any of these issues, the DEC should be the first point of contact. Per the Waterway Permit Special Provisions, spill kits should always be onsite if there is a waterway permit (Figure 26).

Figure 26. Spill kit located on project site.

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On-site Observations

This section provides examples of common environmental commitments to observe during construction. This is not

an exhaustive list, but it shows what the activities commonly look like, and what is usually considered satisfactory, needs attention, or is non-compliant and requires agency coordination.

Temporary Access Fills ODOT must comply with ODNR in-stream work restriction dates on certain streams, which protect fish migration and/or breeding requirements for certain species. If streams have restriction periods, they will be identified in the Waterway Permits Special Provisions (Figure 27), and possibly in a plan note as well (Figure 28). Temporary access fills (TAFs) can only be built, modified, or removed outside of the restriction period, and monitors should ensure the TAFs are not altered during the indicated timeframe. Work restrictions include both temporary and permanent fill.

Figure 27. Waterway Permit Special Provisions identifying in-stream work restrictions.

Figure 28. Plan Note identifying in-stream restrictions.

TAFs must be construction with non-erodible material (minimum Type D Dumped Rock, CMS 703.19.B). Erodible material may be used of encapsulated within non-erodible material. Figure 29 shows dirt used as TAF, which is non-compliant with waterway permits and the special provisions. Figure 30 shows a causeway that uses both erodible material and non-erodible material. The erodible material is encased within the non-erodible, and the causeway was built at least 1 foot above the Ordinary High Water Mark (OHWM) so the erodible material was not considered a fill.

Figure 29. Unacceptable use of erodible material for TAF.

Figure 30. Acceptable use of erodible material within non-erodible materials and placed 1 foot above OHWM.

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Temporary Sediment and Erosion Control (SS 832 and SSSWP) Sediment and erosion control practices apply to every job. The Contractor is responsible for SS 832 compliance, and the environmental monitor should not act as the Certified Erosion Control Inspector. However, monitors should be concerned with noting any issues that may impact environmental resources. Monitors should be able to spot issues with sediment and erosion controls and bring them to the Engineer’s attention. Keep an eye out for proper sediment and erosion controls and inform the Project Engineer if you see any controls that require maintenance. Improperly installed controls or controls that have been displaced may allow untheorized fills to enter Waters of the US, which can lead to non-compliance or violations with the Clean Water Act and Endangered Species Act. The goal of sediment and erosion control is the minimize sediment (pollutant) discharge off the project limits. Sediment control and erosion control BMPs have different purposes, and each must be utilized appropriately. Sediment controls help stop sediment from existing the project area and include inlet protection, sediment dams or traps, sediment basins, perimeter filter fabric protection, and filter fabric ditch checks. All stormwater must pass through a sediment control prior to exiting the project site. Erosion controls help stop the process of wind or water displacing soil particles and include temporary stabilization (construction seeding and mulching, winter seeding and mulching, construction mulch), erosion control mats, berms or dikes, slope drains, rock check dams, and construction entrances. Perimeter controls could be used to protect all waterbodies and any areas shown on the plans which may be adversely affected by construction surface drainage. Filter fabric fence is used to control sheet flow, not concentrated flow.

Figure 31. Perimeter controls.

The contractor is required to provide a location for properly washing out cement or concrete trucks. The washout water is toxic and may result in negative environmental impacts, such as a fishkill, and therefore all washout areas must be located away from all bodies of water. Rock Check Dams provide an opportunity for the rocks to slow the water, which reduces erosion, and should be used in areas of concentrated flow.

Figure 32. Concrete washout area.

Figure 33. Rock check dam.

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Inlet protection should be placed around catch basin inlets and/or any structure that convers stormwater. Inlet protection failure is commonly linked to improper burial depth, inadequate height of fence above inlet invert, improper lap of fabric, and poor maintenance.

Figure 34. Inlet protection.

All idle construction areas must be temporarily stabilized.

Figure 35. Seeding and mulching.

During observations, you may note some BMPs require maintenance. If you identify maintenance needs that could lead to future compliance issues, inform the project area so they can determine how best to address the issue.

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Figure 36. Sediment is moving closer to the fence and water is rising up and over. This can result in authorized fills in the wetland on the other side of the fence.

Figure 37. Sediment impeding on the fence and flowing over the fence in one location.

Figure 38. Silt fence in a high traffic area that was run over by construction vehicles. Must be maintained or else sediment will be deposited into an aquatic resource.

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Silt fence typically should not be used for concentrated flow, although ODOT may have certain exceptions for linear projects. Concentrated flow tugs at the silt fence and eventually leads to its failure. Instead, a BMP appropriate for concentrated flow should be used instead. Reminder: all stormwater must pass through a sediment control prior to discharging from the project.

Figure 39. Silt fence used incorrectly for concentrated flow.

Figure 40. Compost filter sock dislodged following heavy rains. The filter sock must be reinstalled to prevent the sediment from entering the river.

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Figure 41. Filter socks must be installed over even ground. This filter sock was installed over a rock which allows sediment to flow underneath without filtering through the BMP.

Figure 42. Improper runoff management: filter sock needed

Figure 43. Improper runoff management: mud on path

Figure 44. Proper management: filter sock

Figure 45. Proper management: maintained and clear path

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Figure 46. Erosion issues can lead to non-compliance with waterway permits and the NPDES permit. This photo shows an eroded area recently stabilized with stone, but stone and sediment washed into the river.

Figure 47. A stream is eroding rock and sediment onto the roadway, which is unprotected and may enter waters of the US.

Figure 48. Stormwater outfall installed but not stabilized - sediment eroded channel downstream and deposited in river.

Figure 49. A filter fabric ditch check was installed to assist with managing runoff prior to it entering a diversion channel leading to sediment basins at the bottom of the hill. However, the runoff was bypassing the channel and created gullies in the stabilized area and bringing runoff and sediment towards the silt fence and a wetland outside the project area.

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Figure 50. Water eroded the temporary channel and rock check dams. It is overtopping the channel and not passing through the filtering mechanisms.

Figure 51. Due to the eroding temporary channel and rock check dams in Figure 50, water and sediment are flowing sideways down the hill towards a recently restored wetland that is not authorized for impact.

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Figure 52. Sediment accumulation in basins needs to be removed.

Figure 53. Skimmer was dislodged and needs to be replaced.

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Figure 54. Water is bypassing the rock and flowing directly into the next sediment trap. The sediment trap needs maintenance to direct the water flow through the rock instead of around the rock.

Figure 55. Example of what an impacted wetland may look like. This wetland was authorized to be completely impacted. However, if there are no sediment and erosion controls around a wetland and/or fills are noticeable like this one within a wetland not authorized for impacts, notify the PE and/or the DEC. This wetland should also be demarcated with orange construction fence.

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If suspect materials are encountered during construction, immediately notify the Project Engineer and District Environmental Coordinator. Continued excavation or disturbance of contaminated materials may result in extensive corrective measures.

Figure 56. These photos show a change in the soils due to the presence of a regulated material. If there are no hazardous waste or PCS plan notes and you see the Contractor digging up discolored soil, contact the Project Engineer.

Figure 57. Photos show crude oil residue and oil debris, indicating there was a release/spill. If you see this on a project, contact the Project Engineer.

Documenting Results

After each site visit, Monitors should record the outcome in the Environmental Commitments Monitoring Report and upload the report to EnviroNet. Each report contains the name of the Monitor, date of visit, and an observation summary detailing the overall site conditions and outcome. Any photographs taken while onsite to document compliance or show issues should be included in the form next to the applicable commitment, along with any notes identifying/describing issues, or showing issues from a previous inspection were resolved. Monitors will document each commitment’s outcome by selecting one of four following categories: Green (no issues observed or reported; commitment was implemented with all requirements met), Yellow (potential issue that can be resolved without elevation; examples: signs, BMPs, or fencing not installed; BMPs or fence need maintenance, etc.), Orange (issues observed and reported to the agencies, but no official letter of non-compliance or notice of violation received; examples: minor unauthorized fills in an aquatic resource), or Red (issues observed and reported to the resource agencies who then issued an official letter of non-compliance or notice of violation; examples: fill or


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work in aquatic resources that were supposed to be avoided or that exceeds authorized impacts, damaging cultural resources that were supposed to be protected, harming an endangered species, etc.). Red is reserved for actions that deviated from the commitment so significantly that ODOT coordinated with the resource agency and they deemed the project was not in compliance and issued an official non-compliance determination. Color-coding helps Environmental staff and Project Engineers quickly identify which commitments need to be addressed. Monitors can also explain the overall trend for each visit in the observation summary. At the end of the project, District Environmental staff can use the information from the reports to complete the Environmental Commitments Tab in EnviroNet (Appendix A).

Figure 58. Screenshot of Environmental Commitment Monitoring Report using the four options and color-coded results.

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Case Studies

1) What are potential issues in the photos below?

2) What are potential issues in the photos below? Photos illustrate sediment basins below a temporary

channel. Sediment settles here before entering a Scenic River.

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3) What are potential issues in the photos below? Filter fabric socks are placed alongside a Scenic River in the first

two photos and a wetland in the third photo.


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6) What are potential issues in the photo below?


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54


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12) Situation: The plans contain a

note requiring archaeological

monitoring in certain areas.

a. What should you check for

when the Contractor is

working in the area?

b. What should you do if

work is occurring near the

sensitive site, but the

Archaeological Monitor is

not present?

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13) Situation: The following note is included in the plans.

a. A peregrine falcon is observed on a bridge in the project area. What should you ensure occurs?

14) Situation: Project plans indicate there is a UST in the project area and it needs to be removed.

a. What do you look for when monitoring?

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Case Studies: Answer Key


2) What are potential issues in the photos below? Photos illustrate sediment basins below a temporary

channel. Sediment settles here before entering a Scenic River.

Sediment is bypassing channel and heading towards a wetland behind the fence. Silt fence protecting maintenance also needs maintenance. If sediment reaches wetland, it can

result in a non-compliance or violation.

Skimmer needs to be replaced.

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3) What are potential issues in the photos below? Filter fabric socks are placed alongside a Scenic River in the first

two photos and a wetland in the third photo.


Filter fabric socks must be re-installed. Sediment can flow directly into river.

Filter fabric sock must be secured/staked to ground so stormwater does not flow beneath.

Improper BMP use – silt fence used in concentrated

flow. Not properly controlling stormwater, causing sediment to enter river through the pipe.

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Following a rain event, water created a gully and sediment-laden water is bypassing any sediment and erosion controls and directly

entering the inlet.

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Silt fence is used in an area of concentrated flow. A sediment control BMP for concentrated flow would be more appropriate.

First, this orange silt fence should be orange construction fence. Second, the contractor cleared beyond the construction limits

shown in the plans, which could have negative impacts on streams, wetlands, endangered species, cultural resources, and hazardous

materials which could result in non-compliance in all of those areas.

Cleared area beyond construction limits

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Silt fence in concentrated flow caused BMP failure. Requires alternative sediment control BMP for concentrated flow. If this BMP is not addressed, sediment may flow into a stream

or wetland.

Sedimentation visible within an aquatic resource. Resource agencies might consider this non-compliance with the Clean

Water Act and/or the Endangered Species Act.

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Inlet does not have any inlet protection. Sediment can directly enter the inlet and

exit the site without passing through a sediment control.

Sediment is greater than half the

height of the fabric and fabric is

detached from frame. Overtopping

likely occurred, which means

sediment entered the inlet without passing through a sediment control

BMP prior to leaving the site.

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12) Situation: The plans contain a

note requiring archaeological

monitoring in certain areas.

a. What should you check for

when the Contractor is

working in the area?

Ensure the archaeological

monitor is onsite when

work occurs in the vicinity

of the site.

b. What should you do if work

is occurring near the

sensitive site, but the

Archaeological Monitor is

not present?

Inform the PE so they can

stop work until the monitor arrives.

Silt fence is not on the contour.

Silt fence crosses the ditch and is

used in concentrated flow.

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13) Situation: The following note is included in the plans.

a. A peregrine falcon is observed on a bridge in the project area. What should you do?

Check the requirements of the plan note and inform the PE if work will interfere with the conditions.

14) Situation: Project plans indicate there is a UST in the project area and it needs to be removed.

a. What do you look for when monitoring?

1. The contractor has a copy of the permit

2. A Certified Tank Installer is performing the removal

3. Once the UST is removed, the Contractor submits the closure report to the RWPE or DEC within 30 days

Appendix D. District Waterway Permit Non-Compliance SOP

Background

All instances of unauthorized materials, impacts, and activities (see examples bulleted below) must be reported to Office of Environmental Services-Waterway Permits Unit (OES-WPU) to be reported to the US Army Corps of Engineers (USACE) and Ohio Environmental Protection Agency (OEPA).

• USACE and OEPA have the authority to determine a project’s compliance or non-compliance status in accordance with Section 401 and Section 404 of the Clean Water Act. Therefore, ODOT must report every instance of potential non-compliance to the agencies, which meets our obligations under the Clean Water Act and provides transparency to our state and federal partners.

o Agency permission is required prior to any restoration activities including material removal, stream restoration, or modifications to the impacted area.

o Under unique circumstances, OES may determine that removal of unauthorized fill is necessary to protect the aquatic environment under eminent threat of degradation. In these cases, restoration cannot proceed without OES approval.

• Examples of unauthorized materials/impacts/activities include, but are not limited to, the following:

o Sediment/non-erodible material deposited into an aquatic resource

o Working outside permitted activity(ies) (ex: bridge replacement project where only replacement activities were authorized, but the stream was channelized or realigned)

o No temporary fill was authorized but temporary fill was placed, or other temporary impacts occurred (i.e. dewatering, fording, etc.)

o Contractor operated equipment in a stream or wetland

o Only permanent concrete was authorized, but RCP and/or earthen fill was placed below OHWM

o Temporary access fill consists of erodible material not encapsulated by non-erodible material

o Temporary access fill washes out into areas beyond authorized limits

o Resources are impacted that were to be avoided/not authorized for impact

• Potential outcomes of non-compliance and violations:

o USACE and/or OEPA provide email response and require restoration and/or a permit modification, and/or mitigation

o USACE and/or OEPA visit the site*, provide email response, and require restoration or a permit modification, and/or mitigation

o USACE and/or OEPA provide letter of non-compliance/violation and require restoration or a permit modification, and/or mitigation

o USACE and/or OEPA visit the site, provide letter of non-compliance/violation and require restoration or a permit modification, and/or mitigation

*If the USACE and OEPA request a site visit, it must be scheduled as soon as possible following the incident. Site visits may consist of the USACE and OEPA, or both agencies in addition to other regulatory agencies such as Ohio Department of Natural Resources, National Parks Service, and US Fish and Wildlife Service.

• If non-compliance/violation issues are egregious, it can result in project delays, fines, additional mitigation and monitoring costs, and potential jail time (33 CFR 1319(b)(c)).

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Steps for Reporting and Addressing Waterway Permit Compliance Issues:

1. Immediately contact Adrienne Earley and Amanda Foley. The Project Engineer stops all work

activities related to the compliance issue.

a. Provide a description of the activity, the known unauthorized impacts, and photos of the

potential non-compliance.

i. Photos and impact quantities (area, linear feet, cubic yards) must also be provided

1. If available right away, provide in the initial coordination to OES-WPU.

2. If not available right away, follow up once this information is obtained so OES-

WPU can provide to the agencies.

b. OES will review, compile, and coordinate all information to the agencies.

c. No work or restoration of the area shall occur until ODOT receives approval from the

agencies.

d. ODOT responds to all agency comments and inquiries within 5 business days. If responses

cannot be obtained within this time frame, contact OES for discussion/resolution.

2. ODOT (OES in conjunction with District Environmental and Construction) develops and submits a

restoration plan to the agencies.

a. Preferred restoration plan is to remove unauthorized fills and restore the area to pre-

construction conditions.

i. More in-depth restoration plans may contain a detailed submittal from the Contractor

b. If restoration is not possible, permit modifications and other environmental approvals may be

required, and ODOT would pay for any additional mitigation or monitoring

c. If ODOT received an official letter from the agencies, they require responses in 15 or 30 days

from the date of the letter.

d. Agencies must approve plan prior to ODOT initiating the restoration work.

3. Communicate with the Engineer to direct the Contractor to implement all restoration and additional

measures required by the agencies as soon as possible, and within 48 hours of agency approval. More

complex situations may warrant additional time to complete the restoration activities; OES will

identify these projects on a case-by-case basis.

a. It is highly recommended that District Environmental staff oversee restoration.

b. District provides photos of the restored areas.

c. OES-WPU provides the photos to the agencies who will either confirm restoration is complete

or require additional actions.

i. If not complete, OES will coordinate with the Districts and the agencies until the

issues are resolved.

ii. OES will upload email confirmation or letters from the agencies indicating the non-

compliance is resolved to EnviroNet.