1e. Who is appropriate to designate as my agency's Responsible Charge (RC)? Answer

1f. When is it appropriate to designate my agency's Responsible Charge (RC)? Answer

1g. May an LPA use local funds to pay for professional (engineering/architectural consulting) services, and apply it as our local match for the federal aid project? Answer

1h. Who should be listed as the coordinating professional during the construction of a project, if one firm designed the project but a different firm is doing the construction engineering? Answer

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CATEGORY 2. Environmental-NEPA-Preliminary Design Questions

2a. I know that all projects need a NEPA Determination form completed.  However, if I think that our project will also be needing a Categorical Exclusion form filled out, can I submit both forms at the same time? Answer

2b. What is the process for applying to the Corps of Engineers for a 404 permit when the NEPA environmental document is considered to be a categorical exclusion (CE)?  Answer and additional document in Answer: NWP-401-WQC.pdf

2c. My Federal Aid Project needs clearance from US Fish & Wildlife Service (USF&WLS). Where to I send the biological evaluation? Answer

2d. My SOFT MATCH PROJECT needs clearance from U.S. Fish & Wildlife Service (USF&WS).  Where do I send the biological evaluation? Answer

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CATEGORY 3. Right of Way (ROW) Questions

3a.  Uniform Act Questions   Answers to all 3a Questions

• What is the Uniform Act?

• Has it been amended since passage?

• Where can I find the law and rules created to carry out the law?

• Which agencies must abide by the provisions of the Uniform Act?

3b. Right of Way Design Questions   Answers to all 3b Questions

• How do you identify who owns or has an interest in the land you acquire?

• What do you do with the title information after obtaining it from the public records?

• How do you determine how much right of way will be necessary?

3c. Donations  Answers to all 3c Questions

• Should the LPA plan their project expecting all property to be donated?

• If the property owner desires, can they donate their property?

• If a resident donates property and doesn't ask for compensation, does there still have to be an appraisal and offer?
  
  
• When can you accept a ROW donation?

3d. Appraisal  Answers to all 3d Questions

• How do you determine how much you will pay for the property?

• What if the remainder property has little or no use?

• Will the project influence the value of the property being acquired?

3e. Relocation Assistance  Answers to all 3e Questions

• What is Relocation Assistance?

• What is the process that an LPA must follow?

3f. Acquisition  Answers to all 3f Questions

• Are permanent and temporary easements considered right of way acquisitions?

• Must all offers by an LPA to acquire property be made in writing?

• Can property owners provide their own appraisal to the LPA?

• When should property owners be paid for the property?

• Is there a difference as to how acquisition requirements apply between fee simple and easement property rights?

• For Rights of Entry and Temporary Easements, does the LPA need to make an offer to the property owner?

3g. Property Management  Answers to all 3g Questions

• What is Property Management?

• How does the LPA dispose of improvements that were acquired on a project?

3h. Access Control  Answers to all 3h Questions

• What are access control rights?

• How does the LPA manage these access control rights?

3i. Wetlands

• Do Local Public Agencies have the legal authority to condemn private property for wetland purposes? Answer

3j. QBS

• For the performance of the ROW activities such as title research, appraisal, negotiation and relocation assistance, does QBS apply? Answer

3k. Encroachments

• What is an Encroachment? Answer

CATEGORY 4. Consultant Questions

• PE/CE Consultant Issues - 10-1-2010 Q & A

• ACEC/NDOR Workshop Issues 10-28-2010 Q & A

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