Section 12: Continuous Activity/Re-evaluations
Anchor: #i1015220Overview
TxDOT must consult with FHWA before requesting approval to establish whether the approved environmental document remains valid. This consultation takes the form of a memo or separate document.
Continuous activity given that many projects require extensive time to develop and many projects undergo staged construction, there may be a lag time between environmental clearance and project construction letting. If right of way acquisition, utility adjustments, PS&E, and other routine project activities have occurred, then project development is considered continuous. If subsections of a project have been let for construction, this is also evidence of continuous activity.
If continuous activity has taken place on a project and there are no changes in design, land use or impacts, ENV notifies FHWA that activity has been continuous. There is no FHWA approval of the action.
Re-evaluations if continuous activity has not taken place on a project, a re-evaluation is required. If there are no changes in design, land use or impacts, a letter to FHWA is appropriate. If there are changes in design, land use or impacts, a longer document may be required.
Refer to 23 CFR §771.129 for more information.
This section contains information on the following types of re-evaluations:
- CE re-evaluations
- EA/FONSI re-evaluation requirements
- EIS re-evaluations
- CE/FONSI re-evaluation approval.
CE Re-evaluations
CE re-evaluations are not usually necessary because CE projects are typically constructed and completed within three years of CE approval. However, if there are changes in design, right of way requirements, or land use or environmental issues after three years, it is necessary to prepare a re-evaluation document. This document must include the project history, addressing the changes that have occurred, potential environmental impacts and why (or why not) the CE designation remains valid.
Anchor: #i1015291FONSI Re-evaluation Requirements
FONSIs are typically considered valid for a period of three years following the date of FONSI approval. If the project has not advanced (right of way, detailed design work, etc.) within three years of the FONSI, documentation is prepared to demonstrate that continuous activity has or has not taken place on a project since environmental clearance.
Changes (if any) to design, right of way requirements, or environmental effects are evaluated. The level of documentation prepared is contingent upon the magnitude of the changes. After any additional resource agency coordination and/or public involvement that may be required, the re-evaluation is approved by FHWA or ENV.
Anchor: #i1015308FEIS Re-evaluations
FEIS re-evaluations are conducted:
- to demonstrate continuous activity has taken place on a project since FHWA/ENV approval
- to identify and evaluate any changes that may have occurred in design, right of way requirements, or environmental effects since the previous approval
ENV reviews and approves re-evaluation documents for state and locally funded projects. For more information on re-evaluations in federal projects see 23 CFR §771.129. For more information on re-evaluations in state projects see 43 TAC §2.43(e)6.
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Federal Project Re-evaluation |
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If… |
Then… |
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a written evaluation of DEIS must be prepared |
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major steps to advance the project have not occurred within three years after approval of
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a written re-evaluation must be prepared |
The next subsections cover:
- re-evaluation format
- example re-evaluation conclusion.
Re-evaluation Format
According to FHWA Technical Advisory T6640.8A, there is no federal format for re-evaluations. TxDOT uses either a memorandum or supplemental EA-type format.
Because the original environmental document is the approved documentation, it is advisable not to rewrite or amend this document, but supplement or amend it with a separate document that can serve as an update or appendix to the original.
The format is contingent on whether changes have occurred to the project or to the environmental clearance requirements since the original approval. However, all re-evaluation documents should include the following information:
- synopsis of the project history, including environmental approvals and public involvement
- construction history (if applicable)
- status of right of way acquisition
- design changes (if applicable)
- evaluation of environmental or land use changes
- conclusion
- location map
- revised typical sections (if applicable).
NOTE: The re-evaluation can be prepared either in memorandum or in an EA format, depending on the extent of changes. A memorandum should be used only when there are minimal changes and when no resource agency coordination is required. For notices of continuous activity, a memorandum can be prepared that includes a project history, status of right of way acquisition, changes in USACE permit requirements, etc. Regardless of the document type, the re-evaluation need only discuss how the changes affect the previous analysis, and identify whether a new and comprehensive analysis of the entire project is needed.
Example Re-evaluation Conclusion
The conclusion for all EIS re-evaluations should state the following:
“The environmental documentation for this project has been reviewed, and it has been determined that there have been no significant changes to the assessed areas. The CE/FONSI designation or the project effect (as described in the approved EIS) remains valid. No additional public involvement is required, and further environmental studies are not warranted.”
Anchor: #i1015439CE/FONSI Re-evaluation Approval
FHWA approves re-evaluations for federal projects. ENV approves re-evaluation for non-federal projects.