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Questions and Answers on the Application of the Section 4(f) De Minimis Impact Criteria... Page 6 of 7 <br /> (s), impacts and public interest. <br /> AD comments received and responses thereto, shall be documented in the same manner that other comments <br /> on the proposed action would be handled. Where public involvement was initiated solely for the purpose of a de <br /> minimis impact finding, responses or replies to the public comments may not be required, depending on the <br /> substantive nature of the comments. All comments and responses shall be documented in the administrative <br /> record. <br /> Suggested Section 4(f) De Minimis Impact Determination Process for Parks, Recreation Areas, and Wildlife <br /> and Waterfowl Refuges <br /> A physical take or constructive Construct Use Section 4(f) Evaluation <br /> use of a Section 4(f) resource? Required <br /> Physical Take <br /> Impact avoidance, minimization, and mitigation or <br /> enhancement measures may be required to reduce <br /> adverse impacts to the de minimis level. <br /> Include impact avoidance, <br /> minimization, and mitigation The de minimis impact finding requires all possible <br /> measures in consultation with planning to minimize harm and is performed in <br /> the official(s) with jurisdiction. consultation with the oificial(s) with jurisdiction. <br /> Adverse effects on activities, <br /> features, and attributes of the Section 4(f) Evaluation <br /> Section 4(f) resource? Ye s Required <br /> No <br /> Public notice and opportunity for review and <br /> Public notice and opportunity for comment is required through the NEPA or other <br /> review and comment. public involvement process, at an appropriate stage <br /> of the determination process. <br /> T The written concurrence of the official(s) with <br /> Obtain written concurrence of jurisdiction with the determination that there are no <br /> official(s) with jurisdiction. adverse effects to the activities, features and <br /> attributes of the property is required. <br /> Document the FHWA or FTA de <br /> minimis impact finding, mitigation O. Section 4(f) Complete <br /> and other measures to minimize <br /> harm. <br /> [1] "Official(s) with jurisdiction" means the SHPO, THPO and ACHP, if participating in the consultation, for historic <br /> resources, and is defined in Question 3C for other Section 4(f) resources. <br /> [21 Black's Law Dictionary (8th ed. 1999) defines de minimis as 1. Trifling, minimal. 2. (Of a fact or thing) so <br /> insignificant that a court may overlook it in deciding an issue or case. 3. De Minimis Non Curet Lex, The law does not <br /> concern itself with trifles. <br /> http: / /www.fhwa .dot.gov/hep /gasdeminimus.htm 3/12/2009 <br />