5.9.1 Obtain Environmental Clearance

As outlined in the Assignment MOU regarding project delivery, the ENV is responsible for the management, control, and oversight of the NEPA environmental review and approval process for department-approved highway projects
The department uses a Quality Assurance/Quality Control (QA/QC) procedure to achieve compliance with applicable laws, regulations, and standards. The ENV has provided extensive guidance documents, flowcharts, and forms to assist the project core team with meeting the environmental requirements.
5.9.1.1 Categorical Exclusion (CE):
A federal action may be "categorically excluded" from a detailed environmental analysis when the federal action normally does not have a significant effect on the human environment.
The documentation for a CE is approved by the District.
5.9.1.2 Environmental Assessment (EA):
The EA determines whether or not a federal action has the potential to cause significant environmental effects.
Generally, the EA includes a brief discussion of:
  • The purpose and need for the proposed action;
  • Alternatives (as required by section 102(2)(E) of NEPA);
  • The environmental impacts of the proposed action and alternatives; and
  • A listing of agencies and persons consulted.
Based on the EA, the following actions can occur:
  • If the agency determines that the action will not have significant environmental impacts, the agency will issue a FONSI. A FONSI is a document that presents the reasons why the agency has concluded that there are no significant environmental impacts projected to occur upon implementation of the action; or
  • If the EA determines that the environmental impacts of a proposed Federal action will be significant, an Environmental Impact Statement is prepared.
The EA document is approved for clearance by the ENV Director.
5.9.1.3 Environmental Impact Statements (EIS)
Federal agencies prepare an EIS if a proposed major federal action is determined to significantly affect the quality of the human environment. The regulatory requirements for an EIS are more detailed and rigorous than the requirements for an EA.
Summary of the EIS Process
  1. An agency publishes a Notice of Intent in the Federal Register. The Notice of Intent informs the public of the upcoming environmental analysis and describes how the public can become involved in the EIS preparation.
    This Notice of Intent starts the scoping process, which is the period in which the federal agency and the public collaborate to define the range of issues and potential alternatives to be addressed in the EIS.
  2. A DEIS is published for public review and comment for a minimum of 45 days.
    Upon close of the comment period, agencies consider all substantive comments and, if necessary, conduct further analyses.
  3. A FEIS is then published, which provides responses to substantive comments.
    Publication of the FEIS begins the minimum 30-day "wait period," in which agencies are generally required to wait 30 days before making a final decision on a proposed action.
    EPA publishes a Notice of Availability in the Federal Register, announcing the availability of both DEIS and FEIS to the public.
  4. The EIS process ends with the issuance of the ROD. The ROD:
    • Explains the agency's decision;
    • Describes the alternatives the agency considered; and
    • Discusses the agency's plans for mitigation and monitoring, if necessary.
The EIS document is approved for clearance by the ENV Director.
  • Authority documents:
  • Coordination:
  •  District environmental staff
  •  Division environmental staff
  • Tools to use: