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.