Chapter 3: Environmental

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Section 1: Preliminary Environmental Issues

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Overview

In early project development, it is vital to identify public and environmental concerns regarding a project. This section describes identifying a project’s environmental variables and planning an appropriate level of public involvement. This activity should be conducted concurrently with developing the preliminary schematics (see Preliminary Schematic) and determining utility and right of way ownership. (See 4000: Perform preliminary right of way research).

This section includes discussion of the following tasks. These tasks should be performed concurrently as much as possible.

1400. Review scope, cost, and staff requirements of project development

3010. Determine public involvement needs

3015. Develop and implement scoping process

3020. Conduct meeting with affected property owners

3030. Collect environmental data

2150. Obtain right of entry

3050. Identify potential Section 4(f) & TPWD Chapter 26 properties

3080. Evaluate impacts on waterways and floodplains

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3010: Determine public involvement needs

Description. Public involvement is a continuous part of project development. Stakeholders, such as citizens, abutting property owners, public entities, organizations, and private groups are informed and kept apprised of project development and given an opportunity to become involved by raising individual concerns.

Required public involvement typically involves the following opportunities:

Formats for the above types of public involvement are described in the TxDOT Environmental Manual.

Informal (not required) public involvement needs may change as the project develops. Public involvement activities are commensurate with project complexity, controversy, etc. Typically, there are no set times to reassess public involvement; it is a continuous activity.

Pertinent Project Types. All projects can include public involvement elements. Some projects have specific public involvement requirements to obtain environmental clearance.

Responsible Party. Project manager

Sub-tasks.

  • Consult with the advanced project development engineer, district environmental coordinator, and others, as appropriate to determine public involvement needs, or strategy.
  • Hold a meeting to discuss the project and public involvement strategy.
  • Gain approval of the plan from the advanced project development engineer.
  • Conduct project public involvement according to the plan.

Helpful Suggestions. On particularly complex or controversial projects, forming an advisory board, committee, or Citizens’ Advisory Committee (CAC) can prove helpful. (See the Environmental Manual). Also, a “work group” or Technical Advisory Committee (TAC) comprised of city, county, state, and federal agency personnel may be helpful. This group can assist by exchanging information regarding a project’s technical aspects.

Critical Sequencing. Public involvement needs and strategies should be determined at the beginning of the planning phase.

Resource Material. TxDOT Environmental Manual

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3015: Develop and implement scoping process

Description. Scoping (see the Environmental Manual) is the public process designed to determine the scope of issues to be addressed in the environmental document. Scoping is required when preparing an environmental impact statement (EIS). It is a useful tool in preparing environmental assessments (EAs) for controversial projects. Scoping may involve preparing a “coordination” or “overview” EA. See the Environmental Manual for EIS projects or for a feasibility study and (see 1410: Determine need for feasibility (route/corridor) study) to analyze modal alternatives.

Pertinent Project Types. Projects requiring an EIS and, where appropriate, for controversial projects.

Responsible Party. Environmental coordinator

Critical Sequencing. As soon as the decision is made to prepare an EIS, initiate the scoping process.

Resource Material. TxDOT Environmental Manual

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3020: Conduct meeting with affected property owners

Description. A meeting with affected property owners (MAPO) (see the Environmental Manual) may be the only type of public involvement that is conducted for categorical exclusion (CE) type projects requiring minor amounts of right of way, such as bridge replacements or shoulder additions. Projects requiring temporary construction easements or detours are also candidates for a MAPO. A MAPO may also be appropriate when a minor design revision occurs after the project’s environmental document is approved.

Pertinent Project Types. New construction, reconstruction, or rehabilitation projects involving any of the following factors:

  • limited right of way acquisition
  • insignificant changes to the function of an existing transportation facility
  • minor impacts to abutting property
  • insignificant or no social, economic or environmental effects.

Responsible Party. Project manager

Sub-tasks.

  • Make arrangements to conduct the MAPO.
  • Ask members of the project team to attend the MAPO to answer questions in their areas of expertise.
  • Project specifics are presented to the public at the MAPO.
  • A written summary of the MAPO should be submitted to the district environmental coordinator.

Helpful Suggestions. If the number of affected property owners does not appear manageable for a MAPO, a standard public meeting may be more appropriate.

Critical Sequencing. The MAPO may be conducted after preliminary schematics and draft environmental studies are developed and ready for public presentation.

Resource Material. TxDOT Environmental Manual

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3030: Collect environmental data

Description. Environmental document research (see the Environmental Manual) includes obtaining information from federal, state, and local agency databases, as well as on-the-ground surveys. This data should be used to estimate environmental effects of the project and confirm the type of environmental document to be prepared.

Pertinent Project Types. All projects except preventive maintenance or restoration projects.

Responsible Party. Environmental coordinator

Subtasks.

  • Perform a site visit to identify and assess environmental constraints, potentially sensitive areas, historic structures, habitats, and landscapes.
  • Gather information in addition to that gathered during detailed site visits performed earlier. (See 1010: Perform site visit).
  • Prepare a baseline environmental constraints map showing the location of sensitive environmental features. The roadway design engineer and environmental coordinator use this map to determine potential environmental effects of proposed alignments.

Helpful Suggestions. For complex projects or projects with more than one potential corridor, Geographic Information System (GIS) mapping can be used to automatically calculate impacts.

Critical Sequencing.

  • Preliminary environmental surveys and data collection should be started early during preliminary design.
  • Develop the baseline environmental constraints map as soon as practical. It will be used for project decision-making. It will serve as an important tool in communicating environmental constraints, and it is the first step in preparing the project’s environmental document.

Resource Material. TxDOT Environmental Manual

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3050: Identify potential Section 4(f) & Texas Parks and Wildlife (TPWD) Chapter 26 properties

Description. The project corridor must be surveyed to locate any Section 4(f) property. These publicly owned properties include the following:

  • parks
  • recreation areas
  • wildlife or waterfowl refuges
  • historic properties
  • school grounds or playgrounds open to the public.

Recreational lands purchased or improved with land and water conservation funds may also be subject to Section 6(f) property of the Land and Water Conservation Fund Act.

Section 4(f) properties cannot be used for a federally funded transportation project unless it is determined that (1) there is no prudent and feasible alternative to using the land and (2) the project includes all planning to minimize harm to the property resulting from such use.

Details on preparing a Section 4(f) evaluation can be found in the TxDOT Environmental Manual.

Pertinent Project Types. Projects involving right of way acquisition from Section 4(f) property or constructive use impacts to the Section 4(f) property.

Responsible Party. Environmental coordinator

Helpful Suggestions.

  • 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.
  • 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) properties should be avoided to the maximum extent feasible.

Critical Sequencing. Identify Section 4(f) and Section 6(f) property while developing roadway alignment alternatives.

Authority Requirements.

  • 23 CFR 771.135
  • Section 6(f) of the Land and Water Conservation Fund Act of 1965.

Resource Material. TxDOT Environmental Manual

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3080: Evaluate impacts on waterways and floodplains

Description. Preliminary structure and hydraulic studies are needed to evaluate environmental impacts of highway encroachments on waterways and floodplains. Changes in water surface elevation, construction in channels, bridge construction methods, etc. commonly impact environmental resources. In addition, a Corps of Engineers Section 404 permit (see the Environmental Manual) may be required for wetland area disturbance, work in channels, channel/stream modifications, and dewatering/construction methods necessary to construct the water crossing structure.

Pertinent Project Types. Projects encroaching on waterways.

Responsible Party. Environmental coordinator

Sub-tasks.

  • Review the waterways in the field and provide input to the drainage engineer regarding environmental aspects of the project. This information can help the drainage engineer develop recommendations.
  • Review previously conducted hydraulic studies, FEMA maps, local flood control policies, and Corps of Engineers requirements for specific floodplains.
  • Obtain structures/hydraulics studies when completed and recommend project modifications that reduce environmental impacts.

Resource Material.

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