Common use of CDOT Responsibilities Clause in Contracts

CDOT Responsibilities. a. Ensuring the following process is completed for each project that qualifies for a CatEx: i. For all CatExs, CDOT will fill out a CDOT Form 128 (see Appendix C – Form 128). ii. CDOT may approve, on behalf of FHWA, those CatExs specifically listed in 23 CFR 771.117(c) and (d) (also listed in Appendix A – C List Categories and Appendix B – D List Categories) that do not exceed the thresholds in Section V.a.v. below (see also Appendix D – Criteria Checklist). CDOT will identify the applicable CatEx category from 23 CFR 771.117(c) or (d), ensure any conditions or constraints are met, verify that unusual circumstances do not apply, address any and all other environmental requirements, and complete the review with a signature evidencing approval. No project-specific review or approval of the CatEx by FHWA is required. iii. If FHWA adds, through rulemaking, additional CatEx categories to 23 CFR 771.117(c) and/or (d), those categories can be used by CDOT without needing to be added to Appendices A and/or B. iv. For projects which meet the definition of a CatEx in 23 CFR 771.117 (a) and (b), but is not covered by a category in 23 CFR 771.117(c) and (d), it will be considered a non- programmatic CatEx and the category DX will be used on the Form 128. v. CDOT may not approve actions listed in 23 CFR 771.117(c) or (d) that exceed any of the following thresholds. CDOT is responsible for certifying to FHWA that the action qualifies for a CatEx. An action exceeding any threshold requires FHWA CatEx review and approval, based on CDOT certification of the action or may require an EA or EIS.

CDOT Responsibilities. a. Ensuring the following process is completed for each project that qualifies for a CatEx: i. For all CatExs, CDOT will fill out a CDOT Form 128 (see Appendix C A – Form 128). ii. CDOT may approve, on behalf of FHWA, those CatExs specifically listed in 23 CFR 771.117(c) and (d) (also listed in Appendix A – C List Categories and Appendix B – D List Categoriessee ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/current/title-23/chapter-I/subchapter- H/part-771#771.117) that do not exceed the thresholds in Section V.a.v. below (see also Appendix D B – Criteria Checklist). CDOT will identify the applicable CatEx category from 23 CFR 771.117(c) or (d), ensure any conditions or constraints are met, verify that unusual circumstances do not apply, address any and all other environmental requirements, and complete the review with a signature evidencing approval. No project-specific review or approval of the CatEx by FHWA is required. iii. If FHWA adds, through rulemaking, additional CatEx categories to 23 CFR 771.117(c) and/or (d), those categories can be used by CDOT without needing to be added to Appendices A and/or B.CDOT. iv. For projects which that meet the definition of a CatEx in 23 CFR 771.117 (a) and (b), but is not covered by a category in 23 CFR 771.117(c) and (d), it will be considered a non- programmatic CatEx and the category DX will be used on the Form 128. v. CDOT may not approve actions listed in 23 CFR 771.117(c) or (d) that exceed any of the following thresholds. CDOT is responsible for certifying to FHWA that the action qualifies for a CatEx. An action exceeding any threshold requires FHWA CatEx review and approval, based on CDOT certification of the action or may require an EA or EIS.