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Message Page 3 of 3 <br /> 4(f) document is FHWA's regulation on 4(f). I highlighted the information on temporary <br /> occupancy in green (section 774.13d). All 5 of the requirements must be met for there <br /> not to be a "use ". We continue to discuss how requirement 3 applies:(3) There are no <br /> anticipated permanent adverse physical impacts, nor will there be interference with the <br /> protected activities, features, or attributes of the property, on either a temporary or <br /> permanent basis. We will restore the area we affect so there will be no permanent <br /> adverse physical impacts. There will be some specific locations where activities will not <br /> be available but those activities will still be available in other areas of the park. N. Walnut <br /> Road will be unavailable during working hours but there are two alternative paths that <br /> serve the same function. There will be noise impacts within 70 feet of N. Walnut during <br /> working hours which will impact about 12 acres, but there will be a couple of hundred <br /> acres unaffected and still available for normal activities. <br /> An alternative approach is to say there is a use but it is de minimis. General information <br /> of Section 4(f) and de minimis are highlighted in yellow in the attached document. For a <br /> use to be de minimis, the impacts, after considering minimization and mitigation, cannot <br /> adversely affect the features, attributes or activities that qualify the property for 4(f) <br /> protection. <br /> Let me know if you need more information. <br /> FYI - we are meeting with Marilyn Lippencott tomorrow at 10. <br /> Jim <br /> «Section 4f - 2008.doc» <br /> James B. Cox Jr. <br /> Advanced Contracting Unit Manager <br /> ODOT Major Projects Branch <br /> 680 Cottage St NE <br /> Salem, OR 97301 <br /> office (503) 986 -6612 <br /> cell (503) 930 -7620 <br /> fax (503) 986 -4469 <br /> 11/12/2008 <br />