Extraordinary Circumstances.

CFR · 2024-01-01 · US · Title 1

(a) Before applying a CATEX listed in § 601.12, the Executive Director shall determine if a project or plan requires additional environmental review or analysis due to the presence of Extraordinary Circumstances. If any of the Extraordinary Circumstances listed in paragraphs (b)(1) through (11) of this section are present, the Executive Director shall not apply a CATEX and ensure that the proper Environmental (b) Extraordinary Circumstances that negate the application of a CATEX include: (1) A reasonable likelihood of significant impact on public health or safety. (2) A reasonable likelihood of significant environmental impacts on sensitive resources unless the impacts have been or will be avoided, minimized, or mitigated to non-significant levels through another process to include, without limitation, Section 106 of the NHPA. Environmentally sensitive resources include without limitation: (i) Proposed federally listed, threatened or endangered species or their designated critical habitats. (ii) Properties listed or eligible for listing on the National Register of Historic Places. (iii) Areas having special designation or recognition based on Federal law or an Executive Order, to include without limitation, National Historic Landmarks, floodplains, wetlands, and National Parks. (iv) Cultural, scientific or historic resources. (3) A reasonable likelihood of effects on the environment that are risky, highly uncertain, or unique. (4) A reasonable likelihood of violating an Execu

official document · source cfr-2024 · id 1:§ 601.11