Section 4: Roles and Responsibilities
Anchor: #i1007381Overview
This section presents information on the roles and responsibilities of districts, ENV, and resource agencies in the environmental documentation process.
Anchor: #i1007391Two Different Areas of Roles and Responsibilities
- task-related roles and responsibilities
- issue-specific roles and responsibilities
Task-related Roles and Responsibilities
The next subsections cover:
- preliminary survey/planning
- environmental documentation
- public involvement
- interagency coordination
- permitting
- commitments Anchor: #i1002268
- training
Preliminary Survey/Planning
District’s role:
- Perform initial data collection and resource identification.
- Initiate coordination with state and federal agencies and local interest groups (for cultural and any other relevant resources).
- Perform environmental studies and analyses for:
- social and economic impacts
- impacts to natural resources
- biological resource issues
- water quality issues
- impacts to cultural resources
- impacts to neighborhoods
- environmental justice issues
- noise studies
- Review any preliminary planning studies, metropolitan planning data or other information needed to establish a project’s purpose and need.
- Perform appropriate initial site assessment to identify known or possible hazardous materials within the project area that includes both the existing and proposed right of way.
- Perform early coordination with TNRCC/TCEQ or EPA for known or possible hazardous materials facilities or contamination.
- Determine if further investigation or consideration for hazardous materials are needed during any subsequent phase of project development.
- Consider the costs and liability of hazardous material contamination involvement in the decision-making and alignment selection process.
- Evaluate alignment and design alternatives and develop methods to avoid, minimize or compensate for environmental impacts and document the elimination of alternatives that do not meet the project purpose and need or that are environmentally undesirable.
ENV’s role:
- Provide districts with project-specific guidance or assistance.
- Assist districts with early coordination of environmental issues. Provide assistance in determining status of sites, closure, and handling requirements for known or possible hazardous material facilities or contamination.
- Provide districts with project-specific guidance or assistance with determining scope of work or considerations for hazardous materials as requested.
- Assist districts with early coordination of hazardous material concerns with TNRCC/TCEQ or EPA as requested.
- Review and comment on environmental site assessment reports or investigation reports for hazardous materials as requested by districts.
Environmental Documentation
District’s role:
- Prepare an environmental document or work with consultant preparing an environmental document. The environmental document should fully disclose relevant environmental issues within the project study areas and detail the impacts of the project upon those resources, as well as measures to avoid, minimize or compensate for those impacts. The document should also identify those issues eliminated from further consideration. Archeological and historic structure survey reports must be routed through ENV for coordination with THC/SHPO.)
- Discuss studies and disclosure potential for encountering hazardous material contamination within the proposed project limits.
- Disclose any required permits, coordination with regulatory agencies or special considerations for hazardous material contamination.
- Incorporate the documentation guidelines for FEIS and DEIS which are discussed in FHWA’s, “Hazardous Waste Sites Affecting Highway Project Development,” interim guidance, August 1988.
ENV’s role:
- Review environmental documents and evaluate for environmental sufficiency and, if needed, recommend changes.
- Submit environmental documents to resource and regulatory agencies for comment and to FHWA for approval (federal funds only). ENV approves state-funded project documentation.
- Review environmental documents to concur whether sufficient research or disclosure is provided for hazardous material contamination.
- Review and approve proposed avoidance, minimization and mitigation plans, especially those requiring additional expenditures of funds.
- communicate/forward to TRACS.
Public Involvement
District’s role:
- actively engage the public and solicit input
- develop and implement appropriate public involvement activities
- maintain a list of interested groups and individuals
- ensure that public involvement complies with Title VI of the Civil Rights Act
- ensure that public involvement complies with Executive Order 13166
- Ensure that appropriate public involvement pursuant to Section 106 of the National Historic Preservation Act (36 CFR Part 800) has been carried out.
- provide the hearing officer for public hearings
ENV’s role:
- Assist districts in determining appropriate public involvement.
- Review public involvement notices, summaries and other information for environmental sufficiency.
Interagency Coordination
District’s role:
- Discuss resource issues with local offices of resource agencies.
- Perform coordination on issues per Continuous Improvement (CI) agreement.
- Perform applicable notification and obtain authorization for regulated activities from TNRCC/TCEQ or EPA.
ENV’s role:
- Perform official interagency coordination related to MOUs.
- Perform coordination not ceded to districts per CI agreement.
- Assist districts in interagency coordination for hazardous material issues as requested.
- Submit a Section 9 permit application to GLO for consistency determination for projects within the TCMP boundaries. The consistency determination must be issued before USCG will publish a public notice of the permit application.
Permitting
District’s role:
- Negotiate, implement, and procure permits for issues per CI agreements.
- Obtain permits, as required, for any discharges.
- develop SW3P, WPAP, NPDES, etc.
- develop required mitigation plans.
ENV’s role:
- Negotiate, implement and procure permits not ceded to districts for issues per CI agreements.
- Verify that all necessary permits have been obtained prior to the letter of authority date.
- Review and approve avoidance, minimization and mitigation plans, especially those requiring additional expenditures of funds.
Commitments
District’s role:
- Develop appropriate environmental commitments.
- Develop appropriate avoidance, minimization or mitigation plans.
- Ensure that environmental commitments are complete and are communicated to all appropriate parties.
- Develop a quality assurance plan to ensure that commitments are met.
- If concerns are revealed, the project can be approved/cleared with the understanding that commitments for the project will be followed throughout the next stages of project development and construction.
- Handle contamination according to applicable regulations and coordinate with applicable regulatory agencies during right-of-way acquisition/negotiation process, prior to or during construction.
ENV’s role:
Assist districts in developing environmental commitments and ensuring that commitments are met.
Anchor: #i1007850Training
District's role:
Cross-train and educate ENV staff about district procedures and processes.
ENV's role:
Cross-train and educate district staff about ENV procedures and processes.
Anchor: #i1007875Issue-specific Roles and Responsibilities
The next subsections cover:
- natural resources
- cultural resources
- socio-economic resources
- farmland
- floodplains
- air quality, noise, and hazardous materials.
Natural Resources
The discussion on natural resources includes:
- TPWD
- TNRCC/TCEQ
- USFWS
- USACE
- General Land Office (GLO).
ENV’s role:
- Coordinate with TPWD, TNRCC/TCEQ, USFWS, USACE and GLO as agreed upon.
- Review mitigation proposals.
- Perform formal Section 7 consultation with USFWS.
TPWD’s role:
- Assist with data and expertise.
District’s role:
- Coordinate early with TNRCC/TCEQ, USFWS, USACE, and GLO.
- Prepare environmental documents with results of early coordination.
- Comply with the Edwards Aquifer Program (Austin and San Antonio Districts only).
- provide a biological assessment when required
- Submit a Section 9 permit application to ENV for projects within the TCMP boundaries.
TNRCC’s/TCEQ's role:
- Assistance in the form of data and expertise.
- A period of 30 days to review environmental documentation submitted by ENV (if requested, another 30 days [maximum] will be allowed).
USFWS’s role:
- Provide assistance in the form of data and expertise.
- Provide incidental take statements for formal Section 7 consultation.
- Establish a review period of 45 days to review environmental documentation submitted by ENV (If requested, another maximum 30 days will be allowed.)
USACE’s role:
- Provide assistance in the form of data and expertise.
- Review permit applications and issue permits.
GLO’s role:
- Grants easements for right of way across navigable or state-owned river and stream beds, islands, saltwater lakes, bays, inlets, marshes and reefs owned by the state.
- Oversees consistency with Texas Coastal Management Program for individual Section 404 permits, Section 10 permits, Section 9 permits and EIS documents.
Cultural Resources
District’s role:
- Contact county historical commissions and other interested parties on projects with the potential to adversely affect historic properties.
- Conduct preliminary research into deed records and other sources of background information concerning cultural properties to be affected.
- Conduct reconnaissance surveys of the project area and forward results to ENV.
- Ensure that environmental document describes a project’s potential to affect historic properties.
- Prepare documentation required for Section 4(f) evaluations.
ENV's role:
- Determine if historic preservation laws and regulations apply to the project.
- Evaluate the project to delineate its area of potential effects for historic properties.
- Determine whether a survey of the project area for cultural resources is necessary.
- Review environmental documents to determine if they are “legally sufficient” for cultural resources.
- Conduct historic resource surveys of the project area.
- Perform historical/archeological research on potentially significant properties, including record searches.
- Evaluate significance of affected cultural resources.
- Perform data recovery and report writing for archeological sites.
- Prepare all correspondence for Section 106/Texas Antiquities Code coordination with THC/SHPO.
- Prepare and execute all cultural resources mitigation agreements with THC/SHPO.
- Perform monitoring of archeological sites during project construction.
- Prepare documentation on historic properties to fulfill mitigation commitments.
- Prepare Section 4(f) statements on historic properties with FHWA and other federal agencies.
Socio-Economic Resources
District’s role:
- Compile and evaluate socio-economic data sources, such as the U.S. Census, and land use plans.
- Evaluate the project’s impact on socio-economic resources, including any disproportionate impacts on minority and/or low-income communities.
- Develop appropriate public involvement that encompasses the views of people and communities.
- Review and evaluate consultants providing socio-economic analyses.
ENV’s role:
- Work with districts to provide high quality analyses.
- Review analyses in environmental documents.
- Provide procedures and guidelines for socio-economic resources.
Farmland
District’s role:
- Evaluate the project to ensure compliance with the Farmland Protection Policy Act (7 USC 4201 et seq.) to minimize the contribution of federal programs to unnecessary conversion of farmland (including prime farmland) to non-agricultural uses.
- The Farmland Protection Policy Act applies to all projects that require new right of way and are planned for federal funding, except those that are specifically planned for national defense. The environmental documentation for all federally funded projects with new right-of-way must provide evidence of compliance with the Farmland Protection Policy Act.
ENV’s role:
- Review environmental documentation for compliance with the Farmland Protection Policy Act.
- provide assistance upon request.
Floodplains
District's role:
- Evaluate the project for compliance with the National Flood Insurance Act (NFIA) of 1968, that provides flood insurance protection to property owners in flood-prone areas.
- Coordinate with the Federal Emergency Management Agency (FEMA) any alterations or relocation of waterways and proposals for amendments to NFIP maps as necessary.
ENV’s role:
- Review environmental documentation for compliance with NFIA.
- provide assistance upon request.
Air Quality, Noise and Hazardous Materials
The following provides information about:
- air quality
- noise
- hazardous materials.
Air Quality
District’s role:
- Perform air quality analyses as outlined in this manual and TxDOT's Air Quality Guidelines.
- Evaluate consultant air quality evaluations.
ENV's role:
- Review, evaluate, and approve air quality analyses.
- Provide guidelines, procedures, etc., for air quality analyses.
Noise Analysis
District’s role:
- Perform traffic noise analyses according to the latest TxDOT Guidelines for Analysis and Abatement of Highway Traffic Noise.
- Submit traffic noise analyses and abatement proposals to ENV for approval.
- Review and evaluate all traffic noise analyses performed by consultants before submitting to ENV.
- Conduct noise workshops to inform the public about a noise abatement proposal and/or to solicit public opinion regarding a noise abatement proposal, as necessary.
ENV's role:
- Develop and publish TxDOT Guidelines for Analysis and Abatement of Highway Traffic Noise, and provide updates as necessary.
- Review, evaluate and approve traffic noise analyses and any associated noise abatement proposals.
- Submit noise abatement proposals to FHWA for approval.
- Conduct training in traffic noise analysis and associated computer modeling.
- Provide guidance and assistance to TxDOT districts, as necessary.
Hazardous Materials
District’s role:
- Perform appropriate initial hazardous materials site assessment to identify possible hazardous material contamination within the project area.
- Perform early coordination with TNRCC/TCEQ or EPA relating to possible hazardous material contamination sources.
- Determine if further investigations or considerations for hazardous materials are needed during any subsequent phase of project development.
- Consider the costs and liability of hazardous material contamination involvement in the decision-making and alignment selection process.
ENV’s role:
- Provide districts with project-specific guidance or assistance in determining hazardous materials scopes of work and other considerations relating to hazardous materials as requested.
- Assist districts with early coordination of hazardous material concerns with TNRCC/TCEQ or EPA as requested.
- Review and comment on environmental site assessment reports or investigation reports for hazardous materials as requested by districts.