Section 4(f) Di Minimis Impact Determination

The City of Independence, in conjunction with the FHWA and the ODOT, proposes to construct the Independence Trail (also known as Hemlock Trail) within the Cuyahoga Valley National Park.

Use of federal funds subjects the proposed project to the requirements of Section 4(f) of the DOT Act of 1966, which affords protection to publicly-owned parks, recreation areas, wildlife and waterfowl refuges, and public or privately-owned historic sites. The Cuyahoga Valley National Park (CVNP) is a recognized Section 4(f) property in accordance with 23 CFR 774. This Section 4(f) letter specifically addresses the proposed work that will involve permanent placement of the proposed Hemlock Trail within the CVNP.

The proposed project will require placement of the proposed trail on existing CVNP property. A Memorandum of Understanding (MOU) between the City of Independence and the CVNP will be executed to allow for placement of the proposed trail to occur on CVNP property.

Due to the scope of the proposed project, proposed measures to minimize harm, and the above assessment, the proposed project will have a de minimis impact on the Section 4(f) property (CVNP), as defined in 23 CFR 774. A de minimis impact is one that will not adversely affect the features, attributes, or activities qualifying the Section 4(f) property for protection.

There must be documented agreement of the appropriate federal, state, or local official having jurisdiction over the Section 4(f) property regarding the above conditions. As the Official with Jurisdiction (owner and administer) over the Section 4(f) property (CVNP), Deputy Superintendent Paul J. Stoehr, on behalf of the Superintendent Stan Austin, concurred on September 10, 2013 with the conditions and assessment of impacts in regards to the proposed project.

Comments regarding the project's Section 4(f) Di Minimis determination should be submitted to Mark A. Carpenter, PE, ODOT District Environmental Coordinator.
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Document Content:

2013-09-10_Signed_OWJ_Hemlock_Trail_4f_concurrence_letter_with_Attachment.pdf   (933.7 KB, PDF file) Disclaimer: Links within the above document(s) were valid as of the date published. Note: Some of the files may be in PDF format and can be viewed using the Adobe Acrobat Reader software. You may download a free copy of from Adobe Systems.