Environmental Manual: The Environmental Process

Section 3: The Environmental Process

Overview

This section is an introduction to the process involved in obtaining environmental clearance for a TxDOT construction project. It includes the basic information needed to obtain environmental clearance for a project. Details on the process are provided in subsequent chapters. The next subsections discuss:

identifying basic information
using the information.

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Identifying Basic Information

In order to obtain environmental clearance for a construction project, the following must be determined:

project scope (bridge replacement, additional lanes, resurfacing, etc.)
project funding (federal, state, other)
purpose of and need for project
changes to form, layout, or function of the roadway
describe the land use/character of the project area (rural/agricultural, urban, suburban)
parks, recreational areas known, historic/archeological sites, or wildlife areas, etc. in the project area
topography and physical geology
need for additional right-of-way and how much will be acquired with maps (as needed)
need for any temporary easements (construction, drainage)
affected citizens and/or organizations in the project area that need to be contacted
controversy or potential for controversy
potential environmental issues
measures to avoid, minimize or compensate for environmental impacts
prior disturbance of rights of way
anticipated permits.

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Using the Information

The following components lead to environmental clearance:

Preliminary survey, documentation, public involvement, interagency coordination, permitting; and commitments.

There are three types of environmental documentation - categorical exclusions (CEs), environmental assessments (EAs), and environmental impact statements (EISs). Which one is used depends on the degree that the project will impact the environment.

The following tables assist in selecting the type of environmental document needed, suitable public involvement, and any necessary interagency coordination and/or environmental permits.

Environmental Documentation Decisions
If the project involves:	Then the document should be:
minor improvement; no additional right of way; no additional travel lanes; no obvious environmental impacts.	categorical exclusion blanket
little or no additional right of way; no additional travel lanes; no obvious environmental impacts (shoulder widening, bridge replacements)	categorical exclusion state (funding) programmatic
uncertainty about the extent of impacts	environmental assessment finding of no significant impact (FONSI) scoping tool for EIS
A potential to adversely impact a federally listed endangered species.	biological assessment
significant impacts	environmental impact statement record of decision
a publicly owned park, historic site, recreation area or wildlife refuge	Section 4(f) evaluation programmatic standard.
Environmental clearances that occurred more than three years ago, or, if one of the following occurs: changes in design, right of way or land use new environmental impacts not discussed in the original NEPA documents are identified actual impacts are different than predicted environmental clearance requirements change.	re-evaluation letter notice of continuous activity.

NOTE: The table above lists standard projects. If the project has unusual circumstances or impacts, additional analyses may be needed.

Interagency Coordination/Environmental Permitting
If the project involves…	Then the project is probably…
little/no additional right of way; no additional travel lanes; no obvious environmental impacts	not required for interagency coordination (with the exception of THC)
additional (underdeveloped) right of way needed; potential loss of habitat	appropriate interagency coordination required
potentially significant impacts to wetlands, endangered species, or cultural resources.	appropriate to determine what permits/approvals will be needed
over five acres of earth disturbance	appropriate for a NPDES permit
EA/FONSI or EIS	Texas Review and Comment System (TRACS) coordination required, in addition to specific permits
known or possible hazardous material site or contamination	appropriate to determine necessary coordination, further investigation, closure and handling requirements, etc.

NOTE: The table above lists standard projects. If the project has unusual circumstances or impacts, additional coordination may be needed.

Public Involvement
If the project involves…	Then public involvement might be…
minor improvements; no additional right of way	none needed
minor improvements; minor amount of additional right of way; projects with minor design changes; temporary easements;	meetings with affected property owners
multiple alternatives being analyzed in an early phase; when public opinion is needed/desirable to make decisions	public meeting
added capacity improvements; no/little/some additional right-of-way needed. (minimum typical for EA/FONSI)	opportunity for public hearing
roadway on new location; added capacity improvements; controversial projects (EA/EIS)	public hearing

NOTE: The table above lists standard projects. If your project has unusual circumstances or impacts, additional analyses and public involvement may be needed. For all projects requiring THC/SHPO coordination, appropriate local groups and individuals must be contacted. ENV-CRM can provide information on this contact. If a project requires the taking of publicly owned land from a park, recreation area or wildlife and waterfowl refuge or any significant historic site, a public hearing must be held in order to satisfy Chapter 26 of the Texas Parks and Wildlife Code.