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Question Categories Additional categories will be added as we receive questions

1. Planning & Programming (includes Training) 2. Environmental-NEPA-Preliminary Design Also Check the Downloadable Files/Forms page for a Completed Example of a NEPA form and other NEPA/CE Guidance 3. Right of Way (ROW) 4. Consultant Issues

 

1. Planning & Programming - and Training Questions

1a. If I live in a town that has a population less than 5,000, how does the October 6, 2008, letter from NDOR’s Director John Craig affect me? Answer

1b. We get funding from various sources, so to what funds and projects does the October 6, 2008, letter from NDOR refer? Answer

1c. How can I learn more about the federal-aid transportation process? Any courses available? Are any on-line? Answer

1d. We are not requesting federal funds for all phases of our transportation project.  For those phases not funded with federal funds, do federal laws, rules, regulations and policies apply? Answer

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

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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 U.S. Fish & Wildlife Service (USF&WS).  Where do 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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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 lad 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?

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?

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

4. Consultant Issues

4a. Can a consultant performing preliminary engineer (PE) services also perform construction engineer (CE) services on the same federal-aid project? Answer

4b. If a Local Public Agency (LPA) does not comply with the policy in FHWA’s September 8, 2009 letter, what are the sanctions? Answer

4c. Can construction consultation services be provided by a consultant that performed preliminary engineer (PE) services? Answer

4d. If my firm as the designer of a Federal-aid project cannot do the construction staking, will my firm be compensated for preparing the data necessary to perform that function? Answer