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Last Updated: Friday, October 12, 2012 11:41 AM
Policy-Related Memos
Policy Memos by Subject Area
- NEPA Assignment
- Environmental Documents and Determinations
- Mitigation/Environmental Commitments
- Quality Control/Quality Assurance
- Environmental Considerations in Project Delivery
- Biological Issues
- Historic Resources and Community Issues
- Noise Issues
- Hazardous Waste Issues
- Stormwater Issues
- Performance Measures
- Legislation
- CTC
Memos are listed chronologically (most recent first). All files are PDF.
- Assignment of Responsibilities under the Surface Transportation Project Delivery Program (NEPA Assignment), Jay Norvell, (October 1, 2012). This memo announces the continuation of the Federal Highway Administration's (FHWA) assignment of the United States Department of Transportation (USDOT) Secretary's responsibilities under the National Environmental Policy Act (NEPA) to the California Department of Transportation.
- Review Procedures for Environmental Documents under the NEPA Assignment Program, Jay Norvell, (October 1, 2012). This memo and its Attachments details the 5-step review process required for all EIS and Complex EA prepared under NEPA Assignment.
- Environmental Document Quality Control Program under NEPA Assignment, Jay Norvell, (October 1, 2012). This memo describes the expansion of the California Department of Transportation (Caltrans) Environmental Document Quality Control Program to meet the responsibilities of the NEPA Assignment.
- Categorical Exclusions for 23 USC 326 CE Assignment and 23 USC 327 NEPA Assignment Responsibilities, Jay Norvell, (October 1, 2012). This memo provides detailed guidance on how to process categorical exclusions under both 23 USC 326 CE Assignment and 23 USC 327 NEPA Assignment.
- Procedures for Determining Legal Sufficiency of NEPA Documents under the USDOT Secretary Assignment of Responsibilities under Title 23 United States Code section 327, Ronald Beals, (October 1, 2012). This memo describes procedures for Caltrans attorneys in conducting legal review and making legal sufficiency determinations for EISs and Section 4(f) evaluations under NEPA Assignment.
- Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Gina Moran, March 21, 2012. This policy memo requires that a CEQA Notice of Exemption be filed with the Governor's Office of Planning and Research (OPR), State Clearinghouse. This requirement applies to any project on the State Highway System for which the Department has determined that the project is exempt from CEQA.
- Project Initiation Documents and the Preliminary Environmental Analysis Report, Kelly C. Dunlap, July 28, 2011. This policy memo clarifies when a PEAR is needed and reinforces the level of detail necessary for a PEAR. The intent of the PEAR is to provide a concise report outlining the issues for the environmental document, and any assumptions made in relation to those issues.
- Policy Implications of Sunnyvale West Neighborhood Association et al v. City of Sunnyvale, 190 Cal. App. 4th 1351 (2010), Kelly C. Dunlap, July 28, 2011. This policy memo discusses the requirement to compare environmental impacts of a proposed project to baseline conditions as required by CEQA, and it clarifies the Department's approach for traffic modeling in regard to the proposed build project and baseline conditions. The February 2006 Interim Guidance on Mobile Source Air Toxic (MSAT) Analyses in National Environmental Policy Act (NEPA) Documents has been updated. The updated guidance dated September 30, 2009 can be found on the FHWA website.
- Clarification Regarding Federal Endangered Species List Validity, Jay Norvell (June 22, 2011). A policy memo was released to clarify that per 50 CFR 402.12(e), federal endangered species lists should not be older than 180 days.
- Tracking Federal Endangered Species Act Consultations and Automatic Elevation Procedures, Jay Norvell, March 18, 2011. As of March 31, 2011, in line with STEVE implementation, a tracking procedures and automatic elevation process has been implemented to ensure timely consultation between the Department and USFWS. Steps for data input into STEVE, ensuring a complete BA, timely initiation, and automatic elevation procedures expected to be utilized, are outlined in the memo.
- Review Procedures for Environmental Mitigation Cooperative Agreements, Kelly C. Dunlap, February 3, 2011. This memo announces that the Environmental Management Office is now the lead for mitigation cooperative agreements and sets forth the procedures for developing and executing a mitigation cooperative agreement.
- Reference Guide for the Issuance of U.S. DOT Highway Easements or Special Use Permits, Rick D, Land, December 21, 2010. This memo and U.S. Forest Service Reference Guidance is provided as the interim tool for Caltrans and U.S. Forest Service Personnel pending revision of the 1989 U.S. Forest Service/Caltrans MOU.
- Remediation and Enhancement of Fish Passage Locations, Rick D. Land, December 16, 2010. The Department encourages additional attention and effort to remediate all structures that impede the migration of anadromous fish as required by existing law such as Fish and Game Code 5901 and Streets and Highway Code 156 [SB 857].
- Guidance for District submittals for Alternative Natural Environment Study (Minimal Impact) (NES MI) - No Effect , Gregg Erickson (July 22, 2010). This memo provides guidance to Caltrans districts interested in developing a shorter template than the currently approved NES MI template for use on projects that have no effects on biological resources. The memo identifies the elements necessary to include in an alternative format and the approval process.
- Fish Passage Program Requirements, Plan Updates, Annual Reporting Requirements and Schedules, Richard Land (May 6, 2010). On May 6, 2010, Richard Land, Chief Engineer, issued a policy memorandum updating program and reporting requirements, plan updates and new reporting schedules. The memorandum formally incorporates the elements of the Kempton/Eng agreement, directs districts to update fish passage plans, provides direction for the development of district fish passage remediation priorities and directs districts to name fish passage coordinators.
- The February 2006 Interim Guidance on Mobile Source Air Toxic (MSAT) Analyses in National Environmental Policy Act (NEPA) Documents has been updated. The updated guidance dated September 30, 2009 can be found on the FHWA website.

- Title VI Policy Statement, . This memo reaffirms the Department's policy on discrimination issues.
- Administrative agreement on fish barrier remediation requirements presented in Assembly Bill (AB) 1189 (Skinner. 2009), Will Kempton (May 26. 2009). This letter documents an agreement between the Department and the Legislature regarding 12 requirements contained in AB 1189. The agreement requires specific actions related to project development, project delivery and an annual reports to the Legislature.
- Guidance for the Joint Issue Memo for the Dispute Resolution Process for Section 7 Endangered Species Act Consultation, Jay Norvell (April 8, 2009). This memo provides additional guidance to the Joint Issue Memo for the Dispute Resolution Process for Section 7 Endangered Species Act Consultation that was formalized in November 2006 for all projects where Caltrans or FHWA is the lead agency.
- California Transportation Commission (CTC) Environmental Document Submittal Processes for Projects on the State Highway System, Jay Norvell (April 2, 2009). This memo clarifies and updates the coordination procedures of environmental documentation between Caltrans, the local project sponsor, and the CTC.
- California Environmental Legislation 2007 - 2009 Session, Kelly C. Dunlap (April 1, 2009). This memo discusses the impacts of environmental bills signed into law in 2008 and in the 2009 Special Session that have the potential to affect the California Department of Transportation's work.
- Interim Policy for Establishing Funding Assurance for Mitigation Requirements, Jay Norvell (November 14, 2008). This memo discusses the procedures for establishing funding assurances to the California Department of Fish and Game in permit or mitigation obligations as required under the Fish and Game Code and the California Endangered Species Act. It also includes example letters and a template for conveying assurances when submitting permit applications, consistency determinations or incidental take requests.
- "Blanket" Categorical Exclusion for approval of design exceptions , Jay Norvell (March 3, 2008). DEA has issued a new “blanket” NEPA Categorical Exclusion for the approval of design exceptions. FHWA determined that approval of design exceptions on the National Highway System is an administrative action that triggers NEPA compliance, even in the absence of federal-aid funding. This CE is used for the approval of design exceptions for projects on the National Highway System that were not otherwise subject to NEPA.
- Timing of Final Design in Relation to NEPA Approval, Richard D. Land, (January 18, 2008). This memo specifies that for projects where Caltrans is the implementing agency and federal funds or approvals may be needed, final design, property acquisition (with the exception of hardship and protective buying), or project construction may not proceed prior to PA&ED.
- Qualifying Early Acquisition Projects , Jay Norvell, Bimla G. Rhinehart, (December 11, 2007). This memo describes conditions under which Caltrans may use the early acquisition process for projects under the Pilot Program
- Cumulative Impact and Growth-Related, Indirect Impact Analyses Guidance , Kelly C Dunlap (October 9, 2007) The Guidance for Preparers of Cumulative Impact Analysis helps preparers conduct cumulative impact analysis in support of the National Environmental Policy Act (NEPA), the California Environmental Quality Act and other related environmental laws/regulations.
- Environmental Document Quality Control Program under the NEPA Pilot Program , Jay Norvell, (July 2, 2007). This memo describes the expansion of the California Department of Transportation (Caltrans) Environmental Document Quality Control Program to meet the responsibilities of the NEPA Delegation Pilot Program.
- Joint Guidance FHWA/Caltrans NEPA Consultation/Reevaluation Guidance , Jay Norvell, (June 21, 2007). This memo discusses the joint guidance of the Federal Highway Administration (FHWA) and the California Department of Transportation (Caltrans) on Caltrans NEPA Consultation and Reevaluation Guidance.
- NEPA Delegation Interim Policy-Assignment of Responsibility for Categorical Exclusion Determinations, Jay Norvell, (June 7, 2007). On June 7, 2007, the FHWA and the Department entered into an MOU with responsibilities for certain categorical exclusions. The Department has issued a new memo discussing the provisions of the Section 6004 MOU Interim Categorical Exemption/6004 Categorical Exclusion (CE/6004) Determination Form , and the new Interim Categorical Exclusion Checklist.
- Cumulative Impact and Growth-Related, Indirect Impact Analyses Guidance, Kelly C Dunlap (October 9, 2007) The Guidance for Preparers of Cumulative Impact Analysis helps preparers conduct cumulative impact analysis in support of the National Environmental Policy Act (NEPA), the California Environmental Quality Act and other related environmental laws/regulations.
- 2007 Section 106 Programmatic Agreement Report, Jay Norvell (Sept 28, 2007). This memo transmits the 2007 PA Report.
- California Environmental Legislation 2005 - 2006 Session, Kelly C Dunlap (January 18, 2007). This memo discusses the impact of environmental bills they were signed into law in 2006 and potentially may affect the California Department of Transportation's (Department) work. A summary of these bills is provided as well as a list of environmental bills that will not directly affect the Department, but included for informational purposes.memo discusses the impact of environmental bills they were signed into law in 2006 and potentially may affect the California Department of Transportation's (Department) work. A summary of these bills is provided as well as a list of environmental bills that will not directly affect the Department, but included for informational purposes.
- Environmental Certification Form - Revision to Track PLAP Performance Measure, Jay Norvell (November 21, 2006). This memo discusses the Program Level Action Plan (PLAP) that was published by the California Department of Transportation (Department) in 2006. This plan sets forth goals for the Department and contains objectives and performance measures for obtaining those goals.
- Delegation of Biology-Related Non-Standard Special Provisions (NSSPs), Jay Norvell (June 30, 2006) - Review responsibilities for Biology-Related NSSPs have been temporarily delegated to select Districts as of July 1, 2006. See Memo, Attachment 1 and Attachment 2, MS Word (32 KB) PDF (13 KB) for further details.
- Advanced Mitigation Planning Project - The Next Step of Gathering, Sharing, and Disseminating District Information and Ideas, Jay Norvell (January 20, 2006). The Department has contracted with the UC Davis, Information Center for the Environment (ICE) to facilitate mitigation needs assessments and develop new methods to improve the ability to do long-range planning for mitigation needs. This memo summarizes the project components; which include, Long-range Mitigation Plans and Analysis, A Mitigation Project Study, and Updating and adding records to the existing Caltrans BioMitigation database.
- Requirements for assessing and remediating barriers to fish passage at stream crossings. Jay Norvell. (January 1, 2006). This memo sets requirements to address Senate Bill SB 857, enacted into law effective January 1, 2006, that amends Article 3.5 of the Streets and Highways Code, detailing requirements for assessing and remediating barriers to fish passage at stream crossings along the State Highway System.
- Environmental Commitments Record, Rick Land (June 10, 2005). This memo requires each District to create and maintain an Environmental Commitments Record. Actually, all Districts are already supposed to have some project record of environmental commitments, but this memo clarifies what we all should be doing. Note that neither a specific form nor due date has been dictated, but an expectation as to standards has been made. Examples of Mitigation Monitoring and Reporting Record (MMRR) and Permits, Agreements, and Mitigation (PAM) forms are available for download.
- Rescission of Mitigation and Compliance Cost Estimate (MCCE) Report form, Jay Norvell, Mark Leja, Karla Sutliff (April 20, 2005). This memo rescinds the requirement to report project mitigation and compliance costs on the Mitigation and Compliance Cost Estimate (MCCE) form. The Division of Environmental Analysis will be developing an efficient approach for gathering statewide, program level information on mitigation costs as part of the ongoing development of other management tools.
- HQ-DEA Review of Biological and Cultural Mitigation Costs Greater than $500,000, Gary R. Winters (January 25, 2005). This memo is a follow up on the November 10, 2004 memo regarding the advisory HQ DEA review and comment on mitigation commitments anticipated to reach $500,000.
- Title VI Policy Statement - This memo reinstates the Department's policy on discrimination issues.
- HQ-DEA Review of Biological and Cultural Mitigation Costs Greater than $500,000, Gary R. Winters (November 10, 2004). This memo establishes an advisory review process for proposed high cost mitigation/monitoring. Commitments and agreements the Department makes with regulatory/resource agencies can be tracked to facilitate compliance and assessment of statewide trends.
- Amended Regulations for Commission’s Role in Route Adoptions and New Public Road Connections, Gary R Winters (November 4, 2004). This memo announces a new rulemaking that amends the Department's environmental regulations. The amendments clarify the role of the California Transportation Commission in cases where the Department or another public agency is the lead agency for the California Environmental Quality Act (CEQA).
- Guidance for Combined Essential Fish Habitat and Endangered Species Act Consultation Process, Gary R Winters (September 20, 2004). This memo intends to further clarify the responsibilities of the Federal Highway Administration and the California Department of Transportation (Department) for the implementation of the combined Endangered Species Act (ESA) and Essential Fish Habitat (EFH) consultation process.
- Department is the CEQA Lead Agency for Projects on State Highway System, Gary R Winters (June 24, 2004). It draws the attention to the current and long-standing policy that the Department is the CEQA lead agency for improvements projects on the State Highway System. In limited cases, and only when it is in the best interests of the State, the Department may delegate CEQA lead agency status to a local agency. The attachments to this memo sets forth the Department's policy regarding CEQA lead agency status for projects with local participation and provides guidance and considerations to assist districts in determining CEQA lead agency status on local participation projects.
- Environmental Certification Memo, Gary R Winters (June 21, 2004). It announces the new Office Engineer guidelines that require an Environmental Certification. The Environmental Certification was developed to ensure that environmental commitments are properly incorporated into PS&E, construction contracts, and activities on the ground. DEA has a developed a PS&E Ready to List Review Tool to assist in completing the certification assessment.
- Essential Fish Habitat Delegation Authority, Gary R Winters (June 7, 2004). It announces the receipt of a letter received from the Federal Highway Administration (FHWA) on May 21, 2004 where it identifies the Department as its non-Federal representative to consult with the National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NOAA-Fisheries) on Essential Fish Habitat issues (EFH). The FHWA letter describes also under which circumstances the Department will consult with NOAA-Fisheries on EFH.
- Submittal of Environmental Impact Reports and Technical Studies to the State Clearinghouse on Compact Discs, Denise O' Connor (May 21, 2004). It recaps the requirement set forth from the California Environmental Quality Act guidelines that all State agencies submit copies of the Environmental Impact Report (EIRs) and Negative Declarations (NDs) to the Governor's Office of Planning and Research (OPR), State Clearinghouse (SCH) for distribution to the other State agencies involved for intergovernmental review.
- Section 106 Programmatic Agreement, Gary R Winters (December 23, 2003). It announces that the Programmatic Agreement for Section 106 of the National Historic Preservation Act (PA) will go into effect on January 1, 2004.
- California Environmental Legislation - 2003-2004 Session, Denise O'Connor (December 15, 2003). This memo discusses the bills signed in 2003 by then-Governor Gray Davis and affect the Division's work. Attached to this memo is a summary of the newly chaptered bills with web addresses where additional information can be found.
- Availability of Annotated IS/EA Format, Gary R Winters (November 13, 2003). This memo announces the release of the Annotated IS/EA Format template. Click here for an instruction sheet for the Annotated IS-EA Outline.
- Native American Monitors, Gary R Winters (November 4, 2003). This memo clarifies the current policy and expectations for Native American monitors on projects developed by Caltrans. An information sheet provides the history of the Department's practice of engaging Native Americans for archaeological and construction monitoring.
- Division of Environmental Analysis (DEA) Review Timeframes for Technical Documents, Gary R Winters (July 3, 2003). This memo establishes the timeframes for the DEA staff to review technical studies and compliance reports when certain conditions are met.
- Guidelines for Funding Pre-Project Capital Costs, Including Mitigation, Brice D. Paris and Gary R. Winters (June 30, 2003). This memo establishes a new process that will allow eligible mitigation-related Right of Way (R/W) capital expenses to be approved, prior to completion of Project Approval (PA) and the Environmental Document (ED).
- Standard Biological Assessment (BA), Biological Evaluation (BE), Natural Environmental Study (NES) and Natural Environmental Study (Minimal Impact) (NES(MI)) Outline and Templates and Quality Control Processes, Gary R. Winters (May 21, 2003). This memo announces the implementation of new BA, BE, NES and NES(MI) templates.
- Relocation Impact Document Survey Processes, Vernon V. Rhinehart (February 26, 2003). This memo clarifies the process for conducting surveys in preparation of Relocation Impact Documents.
- Availability of Standard Formats for IS/EAs and EIR/EISs, Gary Winters (January 30, 2003). Standard formats for IS/EAs and EIR/EISs are to be used for newly prepared environmental documents for Department projects. Standard formats are available here.
- Written Certification of Environmental Document Quality Control Reviews, Gary R. Winters (January 13, 2003). The attached certification sheet is to be used to document performance of quality control reviews of all documents prepared in accordance with the California Environmental Quality Act and the National Environmental Policy Act. An Adobe Acrobat version of the certification sheet is available from the Forms & Templates page.
- Clarification of Right of Entry Memo, Brice D. Paris and Gary R. Winters (January 7, 2003). This memo provides clarifying guidance and instructions to a memorandum entitled Right of Entry Guidelines for Environmental Work issued in May 22, 2002.
- Balanced Environmental Document Delivery, Brent Felker (January 2, 2003). Similar to the need to balance planned Ready To List (RTL) delivery (see attached memo), it is critical that you plan to deliver approximately 25 percent of the environmental documents (EIR or Negative Declaration and NEPA equivalents) each quarter during the fiscal year.
- Standardization of Noise Reports, Gary R. Winters (July 24, 2002). This memo requires that all noise technical studies follow the attached outline.
- State-Cost Utility Design Activities Prior to Environmental Approval, Brent Felker (July 24, 2002). This memo sets forth the process and prerequisites for a District/Region to request and obtain the necessary Headquarters written approval before ordering a utility company to commence utility design prior to the approval of the environmental document, when those activities involve State costs. These requirements also apply to Local Public Agency project.
- District Environmental Document Quality Control Plans (EDQCP), Gary R. Winters, (July 11, 2002). This memo provides additional guidance to the EDQCP instructions detailed in the November 29, 2001 memo.
- Right of Entry Guidelines for Environmental Work, Brice D. Paris and Gary R. Winters, (May 22, 2002) (153 KB). This memo supercedes the memorandum dated November 15, 1999, and sets forth the respective responsibilities of the divisions of Right of Way and Environmental Analysis in obtaining permission to enter property for the purposes of conducting field studies and surveys.
- Environmental Compliance for Best Interest Determinations (BID) During Construction, Gary R. Winters (April 25, 2002) (89 KB). All Best Interest Determinations (BID) must be forwarded to Budgets Office of Federal Resources with documentation to ensure that air quality conformity requirements have been met, the Right-of-Way Certification remains valid, NEPA requirements have been met and design standards have been met.
- Conducting Endangered Species Act Consultations with Services, Michael G. Ritchie (FHWA) (April 24, 2002) (238 KB). Delegation of authority for certain aspects of consultation for biological studies.
- Integration and Coordination of "Brokered" Environmental Work, Gary R. Winters, February 21, 2002. (41 KB)
- Changes to CEQA and CEQA Guidelines, Denise O'Connor (December 12, 2002) is a summary of legislative and judicial changes to CEQA.
- Context Sensitive Solutions Implementation Plan, Rick Knapp (October 3, 2002). Attached is the Context Sensitive Solutions (CSS) Implementation Plan prepared by the CSS Steering Committee.
- Preliminary Environmental Analysis Report Handbook, Gary R. Winters (December 27, 2001)(53 KB). Memo distributing the PEAR Handbook, a required document for Project Study Report - Project Development Support (PSR-PDS) documents. The PEAR is recommended for all other PSRs.
- Designated Disposal, Staging, and Borrow Sites Memo, Karla Sutliff (December 13, 2001). (182 KB). Caltrans and FHWA have determined that, on those projects which cannot accommodate the disposal, staging, or borrow material needs of the project, the District has the option to identify and clear designated sites, making them available for the contractor's use. Also refer to the Disposal Site Quality Team Final Report Concurrence memo (November 21, 2001) (112 KB) from FHWA Division Administrator Michael Ritchie to Caltrans Director Jeff Morales. See also the Disposal Site Quality Team Final Report
- Revised Capital Project Milestones Standards, Mickey W. Horn and Gary R. Winters (December 11, 2001). Two new milestones have been added to the Caltrans Work Breakdown Structure (WBS), Notice of Preparation (NOP) for EIR documents under CEQA and Notice of Intent (NOI) for EIS documents under NEPA. (125 KB)
- Revised EIS/EIR Outline, (December 3, 2001). Revisions to Purpose and Need and Alternatives; condensation of Affected Environment and Environmental Consequences. (133 KB)
- Environmental Document Quality Control Program Memo, Gary Winters (November 29, 2001). (239 KB)
- "Begin Environmental" Memo, Brent Felker (November 28, 2001). Effective immediately, all new requests for environmental work will be accompanied by a number of required information items, as described in the Attachment 1 of this memo. (213 KB)
- Required Accessibility Statement's for Publications, Gary Winters (August 21, 2001). Required statements for publications to provide access to alternative formats by individuals with sensory disabilities. (54 KB)
- Review of Encroachments memo, Kim Nystrom (Traffic Operations), Gary Winters (Environmental), Joan Sollenberger (Planning), (October 18, 2000), outlines permit application review for environmental issues, particularly in relation to Native American tribes. (915 KB)
- Change Control Implementation Memo, Brent Felker (July 28, 2000), recommends immediate change to the Project Delivery process to streamline delivery. (235 KB)
- FHWA Implementing Guidance on Invasive Species for Executive Order 13112, Brian Smith (October 22, 1999). This memo announces FHWA guidance on Invasive Species. (1.84MB)
- Field Office Workload Reduction - Farmland Protection Policy Act, Thomas Weber (Natural Resource Conservation Service), (April 30, 1999). Suspends the requirement for NRCS field offices to make determinations on farmland that is committed to development through local actions. NRCS will defer to local zoning and other commitments (funds, plans , etc.) for development and not determine whether such lands are "farmlands" under the FPPA. The assumption will be that these lands are not farmland as defined by the Act. This ruling has the potential to eliminate the time normally required to coordinate with NRCS on lands in or committed to urban development. (27 KB)
- PUC General Order 131-D, R.W. Giess (December 13, 1995) (166 KB). Relocations of power lines and /or substations operating at 50 KV and above must be reviewed under CEQA at both the project planning phase and at the relocation plan approval stage so as to qualify for an exception in compliance with section IX.B of the General Order.
(Last content update: 09/28/2012: MtC, GMapp)
