5.5 The Environmental Process through Project Development
The environmental process is detailed in TxDOT’s Environmental Guide – Volume 1 Process document. The guidance gives specific details for the environmental professional to carry out the tasks associated with TxDOT’s environmental review process. Throughout this process, the coordination between environmental staff and the project design team is critical.
This section discusses the activities needed for seamless coordination of the project regarding environmental review and documentation throughout the phases of project development.
5.5.1 Project Planning
For projects outside of the UTP, environmental responsibilities begin with public involvement (see
). Public involvement provides valuable input and insights to inform the transportation planning process. Public involvement allows TxDOT to educate the public about the transportation planning process, agency roles and responsibilities, system performance, and emerging transportation technology considerations. It also gives the public the opportunity to weigh in on transportation issues, comment on draft plan components, and better understand the tradeoffs between different investment strategies. In addition to providing important input to transportation planning, the public involvement effort satisfies several State and federal planning requirements.
This engagement is typically achieved through several methods including:
- Technical working groups;
- Newspaper ads;
- Email campaigns;
- Social media;
- Surveys;
- Open houses and stakeholder workshops; and
- Feedback from MPOs and LG officials.
5.5.1.1 Environmental Activities
Many of the studies and planning activities discussed in
involve the coordination of District planning and environmental staff. To perform feasibility, corridor, and/or route studies, major environmental impacts and concerns must be identified to determine the viability of the project.
See
for allowable development activities that can be performed on projects outside of the UTP. Preliminary environmental review activities can be performed including:
- Identifying major environmental concerns (floodplains, historical constraints, socioeconomic factors, etc.);
- Development of high-level environmental constraints map; and
- Identification of affected stakeholders.
5.5.2 Project Programming
Once a specific project has been identified, more detailed environmental review and studies are needed to help guide the design of the project. During this phase of project development, a project’s scope is developed to document the specific project goals, objectives, deliverables, costs, outcomes, and deadlines.
The use of a Project Scoping Meeting (see
) is critical to establish the baseline project scope. District environmental staff should be included in the Project Scoping Meeting.
Many environmental resource disciplines should be addressed during project scoping to help guide the design of the project. Those that most frequently impact project scoping decisions include:
- Air quality;
- Archeological sites and cemeteries;
- Protected species and critical habitat;
- Chapter 26, Parks and Wildlife Code;
- Community impacts assessment;
- Hazardous materials;
- Historic resources including historic bridges;
- Section 4(f);
- Section 6(f);
- Traffic noise;
- Water resources; and
- Public involvement.
Resource-specific templates, flowcharts, and guidance for these impacts can be found on the TxDOT.gov Environmental Toolkits webpage.
5.5.2.1 “Purpose and Need” Statement
The “Purpose and Need” statement is the foundation for NEPA alternatives analyses and evaluations done under other laws and is applicable to EA and EIS projects.
If a project is being considered and/or is ultimately determined to be a CE, the term “Purpose and Need”
should not be used in any capacity
through project development so as to not potentially adversely affect the CE determination; more appropriate terminology in supporting engineering documentation for CE projects would be “intent of the project” or something similar. Additionally, for EIS and EA projects where engineering documentation requires “Purpose and Need” to be reiterated or discussed, there should be no departure from the “Purpose and Need” language that is documented in the EIS or EA.During project scoping, the identification of a project’s goals and objectives should help shape the “Purpose and Need” statement. The “Purpose and Need” statement includes a clear statement of the objectives that the proposed project is intended to achieve. It explains both “purpose” for the project and considerations justifying “need” for the project.
The evaluation of need is based on current and future conditions, not on an assumption that prior decisions from previous studies (if applicable) are still valid. The statement provides facts and/or data to support problems or unsatisfactory conditions identified in the need sentence.
The TxDOT PM or transportation engineer should coordinate with environmental staff during the PDCC to develop an initial “Purpose and Need” statement.
The statement should be continuously referred to during project development to ensure that it remains applicable to the project design.
The “Purpose and Need” statement should heavily draw on the reason the project has been programmed or identified in planning. Considerations in the development of the “Purpose and Need” statement include:
- Supporting legislation – is there a legislative mandate for the project?
- Safety – is the project necessary to correct an existing or potential safety hazard?
- Maintenance and operational deficiencies – does the project correct existing deficiencies such as substandard geometrics, load limits, roadway cross-section, or high maintenance costs?
- Transportation demand exceeding capacity – what is the LOS of the existing and proposed facility?
- Is the project in conformance with adopted state and urban transportation plan(s)?
- Transportation system linkage – are modes of transportation linked?
- Sustainable environmental, economic, and social transportation planning -- what projected economic development trends or land use changes show the need to improve access and movement of people and goods (not just vehicles)?
- Access for other transportation modes, including those that promote physically active communities;
- How will the facility interface with and serve to complement air, rail, port and freight facilities, mass transit, etc.? Is the project part of the national highway freight network?
- Are there data gaps to assess the transportation needs in the project area? How will the gaps be managed?
- For nonattainment or maintenance areas - ensure the project is part of the current conforming MTP and TIP; and
- Include results of preliminary planning studies.
5.5.2.2 Compliance with Environmental Requirements
As discussed in
, projects in certain areas of the State must be developed in compliance as determined by federal and state laws and policies. These include:
- State Implementation Plan (SIP)– nonattainment or maintenance areas (see ); and
- Congestion Management Process (CMP)– metropolitan areas with populations > 200,000 (see ).
5.5.3 Preliminary Engineering
The following impacts should be evaluated during preliminary engineering and determination of the recommended alternative. General descriptions of these elements are given here; however, more information can be found on TxDOT.gov Environmental Toolkits webpage.
District environmental staff should be included the PDCC (see
). Their inclusion is critical to understanding the required processes and associated timelines for obtaining environmental clearance for the project.
The TxDOT PM should ensure that all needed timelines for environmental studies and clearance are included in the project schedule.
5.5.3.1 ROW Relocation Impacts
For projects involving displacement of individuals, families, businesses, farms, and nonprofit organizations, potential displacements should be identified and included in the environmental documentation. These impacts should be identified while determining the recommended alternative and incorporated into the alternatives analysis (see
and
)
5.5.3.2 Section 4(f), Section 6(f), and Chapter 26 Property Impacts
Impacts to Section 4(f), Section 6(f), and Chapter 26 properties should be identified as early as possible in project development and avoided if at all possible. Descriptions of these properties follows.
Section 4(f), U.S. Department of Transportation Act
Section 4(f) refers to the original Department of Transportation Act of 1966, which implemented policy for preservation of parklands and policy on public lands, wildlife and waterfowl refuges, and historic sites.
Section 4(f) requires consideration of:
- Parks and recreational areas of national, state, or local significance that are both publicly owned and open to the public;
- Publicly owned wildlife and waterfowl refuges of national, state, or local significance that are open to the public to the extent that public access does not interfere with the primary purpose of the refuge; and
- Historic sites of national, state, or local significance in public or private ownership regardless of whether they are open to the public (refer to 23 U.S.C. § 138(a) and 49 U.S.C. § 303(a)).
Section 4(f) properties cannot be used for a federally funded transportation project, unless it is determined that:
- There is no prudent and feasible avoidance alternative that completely avoids the use of Section 4(f) property; and
- The project includes all possible planning to minimize harm to the Section 4(f) property resulting from the transportation use (23 CFR 774.3(a)(1) and (2)).
Projects with minor Section 4(f) involvement properties may qualify for a Programmatic Section 4(f) Evaluation, or a
de minimis
finding.Section 4(f)
does not apply
to recreational areas, parks, or wildlife and waterfowl refuges owned by private institutions, organizations, or individuals, even if such areas are open to the public. If a permanent easement is needed on these properties, TxDOT, acting on behalf of FHWA, will determine on a case-by-case basis whether the property should be considered publicly owned and therefore a Section 4(f) property.Regardless of ownership or public use, historic sites listed or eligible for inclusion in the National Register of Historic Places at the local, state, or national level are Section 4(f) properties.
Section 6(f) of the Land and Water Conservation Fund Act (LWCF Act)
Section 6(f) refers to recreational lands purchased or improved with Land and Water Conservation Fund (L&WCF) assistance and may be subject to Section 6(f)(3) L&WCF Act of 1965, administered by the National Park Service (NPS) (e.g., Wimberley Blue Hole Regional Park or Matagorda Bay Park & Preserve).
Section 6(f) provides that property acquired or developed with LWCF assistance shall be retained and used for public outdoor recreation. Any property so acquired and/or developed shall not be wholly or partly converted to anything other than public outdoor recreation uses without the approval of NPS pursuant to the LWCF Act (54 U.S.C. § 200305(f)(3)) and conversion requirements outlined in regulations (36 C.F.R. § 59.3).
A Section 4(f) evaluation does not necessarily include a Section 6(f) property but impacting Section 6(f) property will trigger the Section 4(f) process.
A “conversion” is any acquisition of ROW or an easement or any other arrangement that will allow for a non-public outdoor recreation use of a portion of the property protected by Section 6(f). NPS will only approve a conversion if a suitable replacement property is acquired.
Chapter 26, Parks and Wildlife Code
Chapter 26 of the Texas Parks and Wildlife Code (PWC) prohibits the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, recreation area, scientific area, wildlife refuge, or historic site, unless the department, agency, political subdivision, county, or municipality, acting through its duly authorized governing body or officer, determines that:
- There is no feasible and prudent avoidance alternative that completely avoids the use the land; and
- That the project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking.
Chapter 26 of the PWC outlines public hearing notice requirements for projects that take public lands designated and used as parklands.
Section 4(f), Section 6(f), and Chapter 26 PWC properties should be avoided to the maximum extent feasible.
5.5.3.3 Impacts on Water Resources
Preliminary structure and hydraulic studies may be needed to evaluate environmental impacts of highway encroachments on waterways and floodplains. Impacts on water resources may require permitting.
Coordination with District environmental staff is needed to determine if permits may be needed.
- Clean Water Act (CWA) Section 404 permit- USACE: May be required for wetland area disturbance, work in channels, channel/stream modifications, dewatering/construction methods necessary to construct the water crossing structure, and/or any other regulated activity within jurisdictional water features.
- 33 USC Section 408/Section 14 permission– USACE: Authorizes a project proponent, such as TxDOT, to alter a USACE Civil Works project. No improvement shall be passed over, under, or through flood protection facilities such as improved channels, floodways, and levees. This permission is requested outside of the environmental clearance process and only affects the environmental clearance process when a Section 404 or Section 10 USACE permit requires the 408 permissions be obtained by the applicant prior to the permit being issued to that applicant.
- Rivers and Harbors Act of 1899 (RHA) Section 9 and 10 permits– USCG and USACE, respectively: May be required for certain activities that affect navigable waters in the United States.
- Section 9 – regulates bridges and causeways over navigable waters. Permits are typically required for bridge or causeway construction, replacement, repair, and alteration, and impose conditions relating to construction, maintenance, and operation in the interest of public navigation.
- Section 10 – regulates work and structures in, over, and/or under navigable waters; excludes bridges and causeways, which are regulated under Section 9. Permits are primarily intended to preserve the course, location, condition, and/or capacity of navigable waters.
- Coastal Zone Management Act (CZMA) - provides a basis for protecting, restoring, and responsibly developing the nation’s coastal communities and natural resources. the Texas Coastal Management Program (CMP), administered by the Texas General Land Office (GLO), is a federally approved member of the CZM Program. The Texas CMP is a “networked program” that links together the existing regulations, programs, and local, state, and federal entities that manage various aspects of coastal resource uses.
- Municipal Separate Storm Sewer System (MS4) Requirements- TxDOT operates under an individual MS4 permit administered by TCEQ which allows the department to discharge stormwater and other authorized discharges to the ROW throughout the State. The permit requirements apply to areas of the State that meet certain population and population density criteria. The Advanced Outfall Tracking System (AOTS) outlines the jurisdictional boundaries of this permit. To comply with permit requirements the department has developed a Stormwater Management Plan (SWMP) to describe how the department will implement the program requirements. In order to meet each required minimum control measure, TxDOT utilizes best management practices (BMPs). Examples BMPs include:
- Public education and outreach to prevent litter;
- Installation of structural controls;
- Maintenance procedures to prevent or reduce the discharge of pollutants;
- Operating procedures;
- Treatment requirements; and
- Practices to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage areas.
5.5.3.4 Exhibits for Environmental Documentation
Environmental document exhibits are prepared to show existing social, economic, and environmental resources, and potential impacts to these resources. The environmental specialist, roadway design engineer, drainage engineer, and project manager typically contribute to developing certain exhibits. These exhibits may also be used to coordinate with other agencies and obtain required approvals and permits.
5.5.4 Final Design
Include District environmental staff in the DCC meeting (see
) and in subsequent project progress meetings to ensure that environmental studies and documents are appropriately updated. Results of environmental studies and the environmental commitments are included in plan sheets during final design. Refer to
TxDOT’s PS&E Preparation Manual
and the PS&E QC Milestone Checklist for details on environmental information to include on plan sheets.Be aware that changes to the project design may warrant revisions to previously completed environmental studies.
5.5.4.1 Environmental Permits, Issues and Commitments (EPIC) Sheet
The EPIC sheet must be completed by the District and lists all environmental permits, issues, commitments, and conditional requirements affecting the contractor and their work on that specific project. The sheet can be supplemented by specific details shown on other plan sheets, but the areas of concern should be shown on the EPIC for the contractor’s information.
The sheet should not be used to reiterate what is already shown in environmental permits for all projects.
5.5.4.2 Stormwater Pollution Prevention Plan (SWP3) Summary Sheet and Environmental Layouts
An SWP3 Summary Sheet and Environmental Layouts consist of information which addresses erosion control measures during project construction. An SWP3 is required (by 1990 Clean Water Act) for all projects with soil disturbance. Refer to the TxDOT.gov TxDOT’s Stormwater Pollution Prevention Plan (SWP3) Guidance Document webpage for more information and guidance documents.
5.5.4.3 Environmental Mitigation Plans
Occasionally actions are needed to avoid, minimize, or mitigate through compensation for adverse environmental impacts resulting from projects. In Title 43 TAC, Chapter 2, mitigation efforts may be defined as:
- Avoiding an impact altogether
- Minimizing the impact by limiting the degree or magnitude of the action;
- Rectifying the impact by repairing, rehabilitating, and restoring the resource;
- Reducing or eliminating the impact over time by preservation and maintenance activities; and
- Compensating for the impact by replacing or providing substitutes to the resource impacted.
When all reasonable and feasible methods to avoid damage at a project site are employed, a net resource loss remains, compensatory mitigation may be required. Compensatory mitigation can be handled via the following three options, as applicable:
- Withdraw wetland credits from one of the three TxDOT wetland mitigation banks (i.e., Anderson Tract Mitigation Bank, Blue Elbow Swamp, or Coastal Bottomlands Mitigation Bank);
- Purchase credits from a third-party stream/wetland mitigation bank; or
- Design and construct Permittee Responsible Mitigation (PRM).
If compensatory mitigation is required, the District must submit a mitigation plan with the permit application to the USACE project manager for their review and approval. TxDOT Districts are to adhere to one of the following two standard operating procedures when addressing compensatory mitigation. If the District is withdrawing wetland credits from a TxDOT owned bank or purchasing credits from a third-party bank, the District must adhere to the Standard Operating Procedure (SOP): Acquiring and/or Purchasing 404 Compensatory Mitigation Credits. This SOP outlines the process for the TxDOT delegate to acquire wetland mitigation credits from TxDOT mitigation banks, or purchase wetland/stream mitigation credits from a third-party mitigation bank. If the project requires PRM, the District must adhere to the SOP: Section 404 Compensatory Mitigation via Permittee Responsible Mitigation. This SOP outlines the process for a TxDOT District to fulfill the requirement of wetland/stream compensatory mitigation under Section 404 of the Clean Water Act via Permittee Responsible Mitigation.
The mitigation plan development schedule is driven by the permitting process.
5.5.4.4 Other Environmental Information in Plans
Other details are shown in plans (typically the environmental layout sheets) to indicate specific environmental issues and/or commitments. Refer to TxDOT’s
PS&E Preparation Manual
for additional details. These include:- Sensitive environmental features to be:
- Designated critical habitat and other protected species habitat;
- Water features; and
- Vegetation and trees.
- Wildlife Crossing Areas and Structures;
- Historical Resources;
- Archeological Resources;
- Hazardous Materials; and
- Human Environment.
5.5.5 The Environmental Process with Local Governments
The environmental compliance phase of any transportation project occurs throughout project development. The LG should identify environmental compliance issues early in the project in cooperation with the TxDOT District environmental coordinator. Requirements may impact project initiation tasks including the details in the AFA.
The LG and the TxDOT District must perform their respective roles (as defined in the AFA) to properly address project scoping, prepare a CE or other appropriate environmental document and to identify and comply with environmental permits, issues and commitments for construction transportation projects.
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