Federal Highway Administration Illinois Division
Illinois Categorical Exclusion
Wetland Finding
Introduction
This wetland finding is made on a program-wide basis and has been
prepared for transportation improvement projects, which are
classified as a categorical exclusion (CE). It satisfies the
requirements of Executive Order 11990 (EO) titled “Protection of
Wetlands” and U.S. Department of Transportation Order 5660.1A (DOT
Order) titled “Preservation of the Nation’s Wetlands.” No individual
wetland finding needs to be prepared for such projects. An
individual wetland finding shall be made for each Environment
Assessment (EA) and Environmental Impact Statement (EIS).
Background
EO 11990, issued on May 24, 1977, requires each agency to develop
procedures for Federal actions whose impact is not significant
enough to require the preparation of an EIS under Section 102 (2)(c)
of the National Environmental Policy Act (NEPA), as amended. The EO
states that each Federal agency “shall avoid undertaking or
providing assistance for new construction located in wetlands unless
the head of the agency finds (1) that there is no practicable
alternative to such construction, and (2) that the proposed action
includes all practicable measures to minimize harm to wetlands which
may result for such use.”
The EO defines “new construction” to include “draining, dredging,
channelizing, filling, diking, impounding, and related activities.”
This EO essentially requires a wetland finding for all Federal
undertakings, which have virtually any impact to a wetland. DOT
Order 5660.1A, issued on August 24, 1978 clarified “new
construction” by excluding only “routine repairs and maintenance of
existing facilities.”
The U.S. DOT Orders states, “In carrying out any activities
(including small scale projects which do not require documentation)
with a potential effect on wetlands, operating agencies should
consider the following factors…” This requires U.S. DOT agencies to
consider the effects on wetlands for all projects (including CE).
Effects on wetlands are considered through coordination and
consultation with the Illinois Department of Natural Resources and
with the US Fish and Wildfire Service (USWS), US Army Corps of
Engineers (USACE), US Environmental Protection Agency (USEPA), and
the Illinois Environmental Protection Agency (IEPA), as appropriate.
The Illinois Department of Transportation and Federal Highway
Administration (FHWA) evaluate wetland resources and consider
practicable avoidance alternatives or options. If avoidance
alternatives are not practicable, then practicable measures to
minimize harm are considered and included in the project.
Unavoidable impacts are mitigated.
Federal-aid applicants consider these effects through the NEPA
evaluation process and further consider these effects through the
wetland permitting process and any associated meetings with resource
agencies (USACE, USEPA, USFWS, and IEPA). The IDOT and FHWA evaluate
practicable avoidance alternatives or options. If avoidance
alternatives are not practicable, then practicable measures to
minimize harm are considered and included in the project.
The U.S. DOT Order requires U.S. DOT agencies to make a formal
wetland finding for all EAs and EISs. This formal wetland finding
will be made in the EA/Finding of No Significant Impact or Final
EIS/Record of Decision.
Finding:
In accordance with Executive Order 11990, and based on the above
procedures, the FHWA Illinois Division finds for all Federal-aid
projects classified as a categorical exclusion with an approved
USACE permit that:
- there will be no practicable alternative to the proposed
construction in wetlands, and
- the proposed project will include all practicable measures
to minimize harm to the involved wetlands which may result from
such use.
Any Federal-aid transportation project requiring an EA or EIS
shall require and individual wetland finding.
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